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Nº º £º j Rºssess º J’ : §§ ãº-ºº: É/ - 2e Sºº º Sºſ §: Aºs Żºłºśsts es º Sºº (tº ~~~~~~~~~~~~A 9. *=&s >e 3tº ſeekºrs ZZ 3:º- Tºye -E->~~~~~~~~~~~~~~ 2 - º ~~~~ f ~< O º y cºſ e | 3. f C O i \ Bs" P R O P E R T Y O F ... . 2?…y 3/"; A. 2 -& * , PZ * * * * * * : : : , 2. . . / ; ...? ..." .. - .* * ,3 ** * ‘...] ke _* \\ ** * -- : f * Z { ; \,s ^2. * \ º - 2. £, --" 1 & 7 *-ºſ, ºxº A R T E S S C l E N T | A V E R I "f A § PROJET OF A CONSTITUTION FOR THE STATE OF LOUISIANA WITH NOTES AND STUDIES VOLUME ONE : PART I Report Projet Recent State Constitutions Missouri Georgia New Jersey The Model State Constitution History of Louisiana Constitutions VOLUME ONE : PART II Special Studies VOLUME TWO Article I. Bill of Rights Article II. Distribution of Powers Article III. The Legislature Article IV. Limitations and Duties Article V. The Executive Article VI. The Judiciary VOLUME THREE Article VII. Suffrage and Elections Article VIII. Impeachment and Removal Article IX. Revenue, Finance, and Taxation Article X. Local Government Article XI. Public Education Article XII. Civil Service Article XIII. Levees and Ports Article XIV. The Amending Process Article XV. Schedule VOLUME FOUR New Orleans Studies Legal Materials Bibliography Concordance Tables Index A-N S--> © NJ 9–8, X_{AA 0-2 J& X …” * PROJET OF A CONSTITUTION FOR THE STATE OF LOUISIANA WITH NOTES AND STUDIES VOLUME FOUR Prepared and Submitted by the LOUISIANA STATE LAW INSTITUTE Pursuant to Act 52 of 1946 August 1954 Bureau of GQWernment JK 4 "1 2 5 , SS4 A. \ſ, A COPYRIGHT, 1954 BY WADE O. MARTIN, JR. Secretary of State For the State of Louisiana Thes. J. Moran’s Sons, Inc. Baton Rouge TABLE OF CONTENTS Introduction to Volume Four Introduction Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: Chapter 6: VOLUME FOUR PAGE * * * * * * * * * * * * * * * * * * s is as sº * * * * * * * * * * * * * * * *s ºr sº as º ºs s. sº s xiii NEW ORLEANS STUDIES.............................................. 1 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 New Orleans in the Present Constitu- tion and in the Projet............................ 13 History of the Movement for Home Rule for New Orleans............................ 27 New Orleans in the Projet and in a New Constitution . 43 Constitutional Provisions Concerning the Power of New Orleans To Tax Pro- perty, Borrow Money, and Issue Bonds 57 A. History and Constitutional Pro- visions … 58 B. Restatement ...................................... 69 Concordance .................................... 94 C. Analysis ------------------------------------------- 102 Constitutional Provisions Concerning the Sewerage and Water Board of New Orleans -------------------------------------------- 139 A. History and Constitutional Pro- visions --------------------------------------------------- 139 B. Restatement -------------------------------------- 140 Concordance --------. * * * * * * * * * * * * * * * * * = s. sº º ºs 143 C. Analysis ------------------------------------------- 145 Constitutional Provisions Concerning the Power of New Orleans To Issue Revenue Bonds ---------------------------------------. 155 A. History and Constitutional Provi- Sions ........................ 155 B. Restatement ........................................ 160 Concordance ...................................... 185 C. Analysis --------------.............................. 187 APPENDIX I DEVELOPMENT OF THE GOVERNMENTAL STRUCTURE OF NEW ORLEANS -------. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = s = us 201 APPENDIX II MUNICIPAL BOND ISSUANCE AND ADMINISTRATION BY Introduction ---- Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: Exhibit I: Exhibit II: Exhibit III: Exhibit IV: Exhibit V: Exhibit VI: Bibliography THE CITY OF NEW ORLEANS The Early Period—1822-1860-------------------- The Civil War and Reconstruction—1861– 1898 Recent Developments—1899-1950------------ General Municipal, Emergency, and Re- funding Bonds Paving Certificates Sewerage, Water, and Drainage Bonds.... Public Belt System Bonds Upper Pontalba Building Bonds.......--------- Board of Liquidation, City Debt: Compo- sition and Organization Board of Liquidation, City Debt: Powers, Duties, and Functions Bonded Debt of the City of New Orleans, June 30, 1953 Bonds of the City of New Orleans Au- thorized and Issued under Act No. 4 of 1916 (Article XIV, Section 24 of the Con- stitution) --------------------------------------------------. Bonds of the City of New Orleans Au- thorized and Issued under Act No. 3 of 1927, E.S. (Article XIV, Section 24.2- 24.11 of the Constitution) Bonds of the City of New Orleans Au- thorized and Issued for Purposes Con- nected with the Public Belt Railroad System q= &ºe - Syndicate Members Who Have Served on the Board of Liquidation, City Debt---- History of the Dedication of the One Percent Debt Tax and Two Mill Sewer and Water Tax.------------------------------------------. 241 257 264 ... 268 269 271 274 277 285 ... 298 301 306 307 3.11 vi APPENDIX III A. PROVISIONS OF THE PRESENT CONSTITUTION RELAT- ING TO THE POWER OF NEW ORLEANS TO BORROW MONEY AND TAX PROPERTY PAGE Article X: Section 10 (Excerpt) ... 327 Article XII: Section 16 (As amended by Act 537 of 1948) --------------------------~~~~~~~~~~~~ 327 Article XIV: Section 28 --------------------------------------------------------------- 328 Section 23.1 (Added by Act 197 of 1938) -------------- 329 Section 23.2 (Added by Act 533 of 1948) -------------- 330 Section 24 (As amended by Act 182 of 1924) ---- 332 Addition by Act 178 of 1924 . 334 Addition by Act 205 of 1928------------------------------ 335 Addition by Act 340 of 1936........---------------------- 336 Section 24.2 (Added by Act 3 of 1927 E.S., Sec. 1) --~~~~~~~~~~~~~~~~~~~~~~~~ 341 Section 24.3 (Added by Act 3 of 1927 E.S., Sec. 2) s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * $º 341 Section 24.4 (Added by Act 3 of 1927 E.S., Sec. 3) --~~~~~~~~~~~~~~~~~~~~~~~~~~ 342 Section 24.5 (Added by Act 3 of 1927 E.S., Sec. 4) --------------------------------------------------------------- 343 Section 24.6 (Added by Act 3 of 1927 E.S., Sec. 5) ------------------------------------. ... 343 Section 24.7 (Added by Act 3 of 1927 E.S., Sec. 6) -----------------------------------. * - 344 Section 24.8 (Added by Act 3 of 1927 E.S., Sec. 7) --~~~~~~~~~~~~~~~~~~~~~ 344 Section 24.9 (Added by Act 3 of 1927 E.S., Sec. 8) --~~~~~~~~~~~~~~~~~~~~~~~ 345 Section 24.10 (Added by Act 3 of 1927 E.S., Sec. 9) --~~~~~~~~~~~~~~~~ 345 Section 24.11 (Added by Act 3 of 1927 E.S., Sec. 10) -------------------------------- . 345 Section 24.12 (Added by Act 2 of 1930 E.S., Sec. 1) is tº gº º sº sº * = gº s = * m. m. º. ºº is s = * * * * * * * * * * * * * * -- 345 Section 24.13 (Added by Act 2 of 1930 E.S., Sec. 2) … 346 Section 24.14 (Added by Act 2 of 1930 E.S., Sec. 3) --~~~~~~~~~~~~~~~ Section 24.15 (Added by Act 2 of 1930 E.S., Sec. 4) --~~~~~~~~~~~~~~~~~~ Section 24.16 (Added by Act 2 of 1930 E.S., Sec. 5) --~~~~~~~~~~…~~~~ Section 24.17 (Added by Act 2 of 1930 E.S., Sec. 6) --~~~~~~~~~… Section 24.18 (Added by Act 2 of 1930 E.S., Sec. 7) --~~~~~~~~~~~ Section 24.19 (Added by Act 2 of 1930 E.S., Sec. 8) --~~~~~~…~. Section 24.20 (Added by Act 2 of 1930 E.S., Sec. 9) --~~~~~~~~~~ Section 24.21 (Added by Act 2 of 1930 E.S., Sec. 10) --~~~~…~~~~ Section 24.22 (Added by Act 2 of 1930 E.S., Sec. 11) --~~~~~~~~~~~~~~~ Section 25 (As amended by Act 260 of 1928) -------- Section 26 --------------…-----------------------------................... Section 27 (Added by Act 391 of 1940) .................. Section 28 (As amended by Act 154 of 1928) -----. Addition by Act 315 of 1944.............................. Section 31.1 (Added by Act 148 of 1932) -------------- Section 31.3 (Added by Act 385 of 1938) -------------- Section 31.4 (Added by Act 541 of 1948) ....---------- B. PROVISIONS OF PREVIOUS CONSTITUTIONS, STATUTES, MUNICIPAL ORDINANCES, AND PETITIONS RELATING TO THE POWER OF NEW ORDEANS TO BORROW MONEY AND TAX PROPERTY REFERRED TO IN THE PRESENT CONSTITUTION Constitution of 1879: Article 271...................................... Constitution of 1898: Article 217 ---------------------------…........ Article 222 ----------------------------------…---------------. Article 314 … Act 133 of 1880 ---------------------------------------................... Act 81 of 1882 ............................................................ Act 67 of 1884 -------..................................................... 348 348 348 349 350 357 Act 128 of 1890....................................................------ 381 Act 110 of 1890.......................................................... 382 Act 114 of 1896....................................................------ 387 Act 63 of 1898............................................................ 390 Act 72 of 1900......... .* * * * * * * * * * * * * * * * * * * * * * * * * * * *m a sº as sº sº sº gº ºs sº sº sº a º as sº º sº sº º me is sº º 391 Act 6 of 1899 E.S.......------.......................................... 391 Act 6 of 1899 E.S., as amended.................--------------- 400 Act 244 of 1924.......................................................... 411 Revised Statutes of 1950, Title 33, Section 4071– 4091 --~~~~~~~~~~~~~~~~~~~~~~~ 412 Act 19 of 1906............................................................ 419 Act 116 of 1908.......................................................... 422 Act 179 of 1908.......................................................... 423 Act 23 of 1914, as amended...................................... 426 Act 4 of 1916.---------------------------------............................ 449 Act 51 of 1920............................................................ 456 Act 341 of 1936--------------------------------.......................... 457 Ordinance No. 15,391, Council Series .................... 461 Ordinance No. 2,683, New Council Series ---------. 469 Ordinance No. 7,352, Commission Council Series 477 Ordinance No. 12,183, Commission Council Series 488 Ordinance No. 12,963, Commission Council Series 490 Property Taxpayers’ Petition......----------.................... 490 APPENDIX IV SUMMARY OF THE PROVISIONS OF THE CONSTITUTION OF 1921 AS AMENDED RELATING PARTICULARLY TO NEW ORLEANS ............................................................ 495 LEGAL MATERIALS .............................................................. 507 Prior Constitutions Article 1879 271 ---------------------------... 375 1898 184 -----------------------------. 517 135 --~~~~~…... 517 186 ---------------….. 517 137 • * * * * * * * * * * * * = * * * * * 517 138 * * * * rº- . 518 217 ... 376 222 376 314 ... 376 1913 321 ... 518 322 519 324 - * * ... 520 ix Year Act Number PAGE 1880 114 ...------------------------ 527 1882 81 379 1884 43 527 1884 67 380 1889 133 377 1890 95, as amended 532 1890 110 382 1890 128 381 1894 59 537 1896 114 ---------------------------- 387 1898 63 390 1899 E.S. 6 391 1899 E.S. 6, as amended 400 1900 72 * - sº & 391 1906 19 419 1908 116 ------ - 422 1908 179 423 1908 180 540 1910 34 543 1910 133 tº º 543 1914 23, as amended ... - 426 1914 33 ------------------------------ 544 1914 244 545 1916 4 449 1916 110 -----------------------------. 546 1918 3 547 1918 59 551 1918 E.S. 18 ... 552 1920 40 -----. 556 1920 51 -----------------------------. 456 1920 156 556 1921 E.S. 46, as amended ------------------------------ 560 1921 E.S. 95 * * * 569 1921 E.S. 109 582 1922 106 584 1924 67 * * * * me as mº sº * sº * * * * * * * 585 1924 244 -----------------------------. 411 1926 45 e 589 1927 E.S. 3 - 590 1927 E.S. 6 593 1928 125 594 1928 219 -----------------------------. 595 1928 261 ------------------------------ 597 1928 266 ... 598 1928 E.S. 6 . 601 Year Act Number PAGE 1930 E.S. 1930 E.S. 1932 1934 1934 1934 1936 1936 1936 1936 1936 1938 1938 1938 1938 1938 1940 1940 1940 1940 1940 1944 1944 1946 1946 1948 1948 1948 1948 1952 Revised Statutes of 1950 30:127 33:2471—33:2508 33:4071—33:4091 48:91 48:111 1 605 3 612 164 615 2 620 21 625 147 665 66 666 68 669 71 ... 672 93, as amended by Act 80 of 1938, Acts 71 and 92 of 1940 674 341 ... 457 37 ------------------------------ 678 39 ... 679 77 -- 682 137 683 385 684 171 - 688 172 713 244 736 266, as amended .. 742 877 ------------------------------ 753 102 ---. 756 118 ... 779 285 …------------------------. 783 393 786 8 -----------------------------. 790 530 ------------------------------ 802 531 ... 806 538 ... 807 7 ... 808 ... 821 821 * * * * * 412 841 ... 841 xi PAGE Contracts of Board of Commissioners of the Port of New Orleans 1918, June 29—With Board of Levee Commission- ers of Orleans Levee District.------------------. 845 1918, August 16—With Public Belt Railroad Com- mission … 849 1919, February 26—With Board of Levee Com- missioners of Orleans Levee District-------- 852 1919, November 14—With Board of Levee Com- missioners of Orleans Levee District.------- 859 New Orleans Ordinances 1899, No. 15,391, approved June 22, 1899.--------------- 461 1904, No. 2683, New Council Series, approved Oc- tober 8, 1904.----------------------------------------------. 469 1923, No. 7352, Commission Council Series, ap- proved April 25, 1923................................ 477 1930, No. 12,183, Commission Council Series, ap- proved May 22, 1930........-------------------------. 488 1931, No. 12,963, Commission Council Series, ap- proved March 31, 1931.............................. 490 Revised Statutes of 1870 Sections 1353–1371 (Dart's Nos. 2586-2597) ---------- 866 U. S. Government Acts Federal Reserve Act of 1919, Section 25 (a) ---------- 868 Rural Electrification Act of 1936.............................. 873 Shreveport Council Resolution No. 25 of 1932................ 876 BIBLIOGRAPHY -------- s sº * * * * *s sº me as s = * * * * * * * * * * * * * * * * * * * * * * * * s = * * * * * * * 879 Part I: Books ------------------------------------------------------------ 883 Part II: Articles ----........................ tº º ... 925 CONCORDANCE TABLES ---------------------------------------------- 941 Part I -------------------------------------------------------------------------- 945 Part II ------------------------------------------------------------------------ 959 Part III --------------------------------------------------------------------- 977 INDEX -------------------------------------------------------------------------------- 979 Part I: Provisions of Projet and Present Con- stitution -------------------------…-- 983 Part II: General Subject Index................................ 1245 xii INTRODUCTION TO VOLUME FOUR Volume Four consists of NEW ORLEANS STUDIES, LEGAL MATERIALS, CONCORDANCE, BIBLIOGRAPHY, AND INDEX. The NEW ORLEANS STUDIES consist primarily of a study of the provisions of the present constitution relating to the power of New Orleans to tax and incur debt. These provisions represent the most complicated provisions of the present constitution. The studies also trace the home rule movement for New Orleans and provide a summary statement of the changes made by the Projet of provisions affecting New Orleans throughout the Projet, although these changes are treated in greater detail at the appro- priate article of the Projet. An extensive analysis is pro- vided of the tax and debt provisions of the present con- stitution concerning the general power of New Orleans in this field, the special authorization for sewerage and water purposes, and the special authorization for revenue bonds. For each of these three types of authority a Restatement is made on the basis of the analysis of the provisions of the present constitution and the acts incorporated therein. A Special concordance after each section summarizes the location of the provisions of the present constitution in the Restatement. The purpose of the Restatement is to present in a logical order the complex provisions on these subjects. The Institute did not adopt the Restatement. It adopted the provisions of Projet Article X, Section 3, but the Restatement should prove of value in making intelligi- ble, provisions of the present constitution. Appendices to the NEW ORLEANS STUDIES trace the development of the governmental structure of New Orleans through its various charters and provide a history of the debt and taxing power of New Orleans with an extensive study of the Board of Liquidation, City Debt. They also contain the provisions of the present constitution and in- corporated materials relating to the power of New Orleans to borrow money and tax property. A review of these ma- terials should prove sufficient evidence of the complexity and difficulty of the problem of New Orleans in the present constitution. The LEGAL MATERIALS consist of acts, resolutions, ordinances, and provisions of previous constitutions given some degree of constitutional status by reference, an under- standing of which is essential to any thorough constitu- xiii tional revision. These materials which affect New Orleans are included in the NEW ORLEANS STUDIES. Provisions of the Revised Statutes have been included and even some provisions of the present constitution because the reference of incorporation sometimes does not include the act or pro- vision as amended. The BIBLIOGRAPHY includes a listing by author of the materials used or cited in the four volumes. It should serve as the nucleus of a useful library for a Louisiana constitu- tional convention. Most of these materials are in the In- stitute’s collection. The CONCORDANCE makes it possible to locate any pro- vision of the present constitution in terms of the Projet and vice versa. It includes a listing of all 1950 and 1952 amendments and indicates their location. The INDEX consists of two parts: first, the provisions of the Projet and the present constitution and, second, the major subjects contained in the four volumes. xiv NEW ORLEANS STUDIES NEW ORLEANS STUDIES Introduction Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: Chapter 6: TABLE OF CONTENTS PAGE sº sº sº, sº * * * * * * * * * * * * * * as as a m = sº as s as s = * * * * * * * * * * * * * * * * * * * * * * * * * * * = * * * * * * * = as as ºs ss as sº sº. 9 New Orleans in the Present Constitution and in the Projet------------------------------------------ 13 History of the Movement for Home Rule for New Orleans......................... - - - - - - - - - - - - - - - - - 27 New Orleans in the Projet and in a New Constitution .......... * * * * * * * * = & E. E. º ºs º ºs ºº & E & Gº 43 Constitutional Provisions Concerning the Power of New Orleans To Tax Property, Borrow Money, and Issue Bonds.------------- 57 A. History and Constitutional Provisions 58 B. Restatement ------------------------------------------ 69 Concordance-------------------------------------------- 94 C. Analysis ------------------------------------------------- 102 Constitutional Provisions Concerning the Sewerage and Water Board of New Orleans º º ſº 4-3 * * * = sº m = sº sº, º me tº sº sº º is sº * * * * * * * 139 A. History and Constitutional Provisions 139 B. Restatement ------------------------------------------ 140 Concordance ........... - - - - 143 C. Analysis -------------------------------------------------- 145 Constitutional Provisions Concerning the Power of New Orleans To Issue Revenue Bonds s sº 155 A. History and Constitutional Provisions 155 B. Restatement ------------------------------------------ 160 Concordance 185 C. Analysis -------------------------------------------------- 187 APPENDIX I DEVELOPMENT OF THE GOVERNMENTAL STRUCTURE OF - NEW ORLEANS ------ ------------------------------ 201 APPENDIX II MUNICIPAL BOND ISSUANCE AND ADMINISTRATION BY Introduction Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: Exhibit I: Exhibit II: Exhibit III: Exhibit IV : Exhibit V: Exhibit VI: Bibliography THE CITY OF NEW ORLEANS PAGE s = * * = &º º ºs º ºs º sº º tº º ... 343 Section 24.7 (Added by Act 3 of 1927 E.S., Sec. 6) -------------------------.......... 344 Section 24.8 (Added by Act 3 of 1927 E.S., Sec. 7) --~~~~~~~~~~~~~~~~~~~ 344 Section 24.9 (Added by Act 3 of 1927 E.S., Sec. 8) ........................ 345 Section 24.10 (Added by Act 3 of 1927 E.S., Sec. 9) 345 Section 24.11 (Added by Act 3 of 1927 E.S., Sec. 10) * = 345 Section 24.12 (Added by Act 2 of 1930 E.S., Sec. 1) 345 Section 24.13 (Added by Act 2 of 1930 E.S., Sec. 2) sº tº sº. 346 Section 24.14 (Added by Act 2 of 1930 E.S., . PAGE Sec. 3) 346 Section 24.15 (Added by Act 2 of 1930 E.S., - Sec. 4) . * = - 346 Section 24.16 (Added by Act 2 of 1930 E.S., Sec. 5) 347 Section 24.17 (Added by Act 2 of 1930 E.S., Sec. 6) * 347 Section 24.18 (Added by Act 2 of 1930 E.S., Sec. 7) --------…---------------------------------------------- 348 Section 24.19 (Added by Act 2 of 1930 E.S., Sec. 8) sº sº ºn an as as sº sº, sº me sº me º sm * * * * * * * * * * * * * * * * * * as as sº am e º as sº sº. 348 Section 24.20 (Added by Act 2 of 1930 E.S., Sec. 9) --~~~~~~~~~~~~~~~~~~~~~~ 348 Section 24.21 (Added by Act 2 of 1930 E.S., Sec. 10) --------------------------------------------------------------- 349 Section 24.22 (Added by Act 2 of 1930 E.S., Sec. 11) --~~~~~~~~~~~~~~~~~~~~~~ 349 Section 25 (As amended by Act 260 of 1928) ------ 349 Section 26 ---------------------------------------------------- .* * * * * * * * * * * * * * * * 349 Section 27 (Added by Act 391 of 1940) -------------- 350 Section 28 (As amended by Act 154 of 1928) ---. 354 Addition by Act 315 of 1944.............................. 357 Section 31.1 (Added by Act 148 of 1932) -----------. 359 Section 31.3 (Added by Act 385 of 1938) -------------. 360 Section 31.4 (Added by Act 541 of 1948) -------------- 366 B. PROVISIONS OF PREVIOUS CONSTITUTIONS, STATUTES, MUNICIPAL ORDINANCES, AND PETITIONS RELATING TO THE POWER OF NEW ORLEANS TO BORROW MONEY AND TAX PROPERTY REFERRED TO IN THE PRESENT CONSTITUTION Constitution of 1879: Article 271...................................... 375 Constitution of 1898: Article 217 s sº sº º sm * * sm amº ºs s sº s sº sº sº º sº * * * * * * * * * * * * * * * * * * * = 376 Article 222 -------- as as a sº sº as as s ºf s = ºs, as as we ºm me º sº am s = * = sº a sº as is ºr sº sº as ºn s = * * * * * * * * * 376 Article 314 - 376 Act 133 of 1880...--------------------------------- * * 377 Act 81 of 1882.......................---------------................................ 379 Act 67 of 1884................................................ 380 Act 128 of 1890 381 Act 110 of 1890 * & 382 Act 114 of 1896 - sº tº º 387 Act 63 of 1898 390 Act 72 of 1900---------- 391 Act 6 of 1899 E.S. ---------------------- 391 Act 6 of 1899 E.S., as amended.----------------------------- 400 Act 244 of 1924 411 Revised Statutes of 1950, Title 33, Sections 4071- 4091 --------------------------------------------------------------------- 412 Act 19 of 1906------------------------------------------------------------ 419 Act 116 of 1908.......................----------------------------------- 422 Act 179 of 1908---------- * * * tº º sº º ºs º º º ºs º ºs º ºs º º 'º - * * * * * *- 423 Act 23 of 1914, as amended * 426 Act 4 of 1916................. * * * * * *s as a wº mº m sº as * = * * * * * 449 Act 51 of 1920.....------------------------------------------------------- 456 Act 341 of 1936------------------------------------------------------------ 457 Ordinance No. 15,391, Council Series-------------------- 461 Ordinance No. 2,683, New Council Series------------ 469 Ordinance No. 7,352, Commission Council Series 477 Ordinance No. 12,183, Commission Council Series 488 Ordinance No. 12,963, Commission Council Series 490 Property Taxpayers' Petition .......................--------. 490 APPENDIX IV SUMMARY OF THE PROVISIONS OF THE CONSTITUTION OF 1921 AS AMENDED RELATING PARTICULARLY TO NEW ORLEANS ------------------------------------------------------------ 495 INTRODUCTION New Orleans, Louisiana's largest city, has held a special position in all of this state's many constitutions. By the Constitution of 1812 the “citizens of the town of New Orleans” were given the “right of appointing the several public officers necessary for the administration and the police of said city.” Since this earliest constitution New Orleans has been given greater and greater special consid- eration by each succeeding constitution. The effect of this is that today a large portion of the present constitution is devoted to problems affecting New Orleans only but which require frequent change by vote of the electors of the entire state. The Institute in preparing the Projet approached this situation with two principal purposes in mind. One was to give New Orleans effective home rule along with other municipalities of the state and the other was to elimi- nate from the constitution insofar as feasible many of the provisions concerning New Orleans which are not of funda- mental importance to the state as a whole and thus to make possible a short constitution. Although the principle of home rule for municipalities has received rather wide application among the other states of the Union, until recently it has not found application in Louisiana. New Orleans, along with most of the other large cities of the state, for many years operated under a special legislative charter (except as provisions were made by the constitution). Although the legislature throughout this period exercised its power to amend special legislative char- ters by dealing freely with the government of New Orleans, it has recently shown a disposition toward greater local self-government for the larger cities of the state. By con- stitutional amendments both Baton Rouge” and Shreveport” have been allowed to formulate new charters; furthermore, since the completion of this Projet, New Orleans has been * Article VI, Section 23. * An amendment proposed by Act 389 of 1946 adding Section 3 (a) to Article XIV. * An amendment proposed by Act 529 of 1948 adding Section 37 to Article XIV. Vol. IV New Orleans Studies given and has exercised similar but broader power4 and the power and authority to adopt home rule charters has been extended to all municipalities.” The Institute attempted to provide for New Orleans broad powers of home rule under the same general principles of the Projet as are applicable to other municipalities. The problem of the extensive special consideration given New Orleans is one which has been of increasing importance in each new constitution. Besides the sub- stantive question of the need and advisability of making special provision as to New Orleans on many of the subjects involved, the extensive consideration given New Orleans in the constitution increases considerably the diffi- culty of understanding the principles established. Partic- ularly is this true in the case of the special provisions con- tained in Article XIV where the practice of incorporation of acts and amendments of earlier constitutions by refer- ence has rendered the present constitutional provisions al- most unintelligible. Due to the broad scope and complicated character of the problems presented by this subject, it was thought advisable to bring together in this volume the material in the constitution concerning New Orleans. The principal part of this study discusses the various problems and the solutions suggested by the Institute, while the Appendices contain supplementary materials such as special studies of the present constitutional provisions, and amendments of previous constitutions, statutes, and other material re- ferred to in the principal part of these materials. Chapter 1 deals with the development of the many con- stitutional provisions concerning New Orleans, with the causes for such special treatment, and what the Institute did in regard to each instance of special treatment. Chap- ter 2 outlines the attempts which have been made to give New Orleans some degree of home rule. Chapter 3 is a dis- cussion of the various approaches which might be taken in carrying out the purposes of the Institute mentioned “An amendment proposed by Act 551 of 1950 amending Section 22 of Article XIV; a home rule charter was submitted to and ap- proved by the voters of New Orleans at the presidential election of 1952, to become effective May 1, 1954. See Chapter 2. * An amendment proposed by Act 245 of 1952 adding Section 40 to Article XIV. 10 Introduction Vol. IV above and an analysis of that taken in the Projet. Chapters 4, 5, and 6 are intensive studies of three of the most com- plicated topics dealt with by the present constitutional pro- visions on New Orleans: the power of New Orleans to bor- row money and to tax, the status of the Sewerage and Water Board, and the power of New Orleans to issue reve- nue bonds. Appendix I is a special study of the development of the governmental structure of New Orleans with special emphasis placed upon the many boards and commissions exercising governmental power in the New Orleans area, while Appendix II is a special study of the power of New Orleans to incur indebtedness and issue bonds, particularly with reference to the powers and duties of the Board of Liquidation, City Debt in this regard. The exhibits set out at the end of Appendix II provide detailed information regarding the bonded debt of New Orleans. In Appendix III there have been set out the text of the lengthy constitutional provisions relating to the power of New Orleans to incur indebtedness and issue bonds and related matters and the various statutory and other materials referred to by such constitutional provisions and thus incorporated, to varying extents, into the constitution. Appendix IV is an index to the various provisions of the present constitution relating to New Orleans coordinated with the Projet. It is believed that these materials will be helpful in the study of the complicated New Orleans situation whether or not the solution suggested by the Institute is accepted for inclusion in a new state constitution. 11 Chapter One NEW ORLEANS IN THE PRESENT CONSTITUTION AND IN THE PROJET One of the most frequently repeated phrases in the con- stitutional and statutory law of Louisiana is “New Orleans excepted” or words of similar effect. Throughout the con- stitutional and statutory law of the state, provisions may be found which have general application except in New Orleans or Orleans Parish, and complementary legislation affecting only New Orleans. This practice of giving special consideration to New Orleans has resulted, in effect, in the interesting phenomenon of two bodies of local government law, one applying only to New Orleans and Orleans Parish and the other to the remaining cities and parishes of the state. The practice of giving special treatment to New Or- leans appeared early in the constitutional history of Loui- siana and as constitution followed constitution most of the instances of special treatment found in the earlier consti- tutions were carried over to each new constitution along with new special provisions. This process of accumulation is responsible to a great extent for the bulky provisions of the present constitution. For a full understanding of the situation found in the present constitution, one must survey the development of the problem from constitution to constitution. DEVELOPMENT OF SPECIAL TREATMENT OF NEW ORLEANS IN THE WARIOUS CONSTITUTIONS Constitution of 1812. Several instances of special con- sideration of New Orleans appeared in the earliest Loui- siana constitution. In the Constitution of 1812 it was pro- vided that “The citizens of the town of New-Orleans shall have the right of appointing the several public officers neces- sary for the administration and the police of said city, pursuant to the mode of election which shall be prescribed by the Legislature. . . .” A similar provision has appeared in every constitution since that time. These various pro- * Article VI, Section 23. §." New Orleans Studies visions are discussed in greater detail in Chapter 2. The “county” of Orleans was divided into districts for the pur- pose of electing senators.” This began the practice continued throughout the subsequent constitutions of dividing the par- ish of Orleans for apportionment purposes. Constitution of 1845. To the instances of special con- sideration carried over from the 1812 Constitution the Constitution of 1845 added another. By this constitution the legislature was authorized to divide the state into judi- cial districts and to provide one judge for each, except that it might provide as many judges as needed for the dis- tricts in which the cities of New Orleans and La Fayette (later merged with New Orleans) were located.* Extensive special consideration was given to the courts of the parish of Orleans and city of New Orleans in later constitutions. Constitution of 1852. The Constitution of 1852 first brought into the constitution the subject of registration by directing the legislature to provide for the registration of voters in the city of New Orleans.” This step was taken to check the notorious election frauds in New Orleans.” Registration of voters in New Orleans has been a topic of special consideration in most subsequent constitutions. Constitution of 1864. Special disposition as to New Or- leans increased with the Constitution of 1864. For the first time in the Louisiana constitution a special title concern- ing New Orleans, “Corporation of the City of New Orleans,” was included.” This new title concerned principally the police of the city. New Orleans was required to maintain a police force selected by the mayor and removable only by a special commission appointed by the governor of the state. Bonds were to be required of policemen and minimum salaries were set. Constitution of 1868. The Constitution of 1868 first provided for a civil sheriff and a criminal sheriff for Or- leans Parish,” a provision carried over in subsequent con- stitutions. The city was also divided into two districts for * Article II, Section 8. * Title IV, Article 75. *Title II, Article 11. * History of Lowisiana Constitutions, Chapter 3, in Volume One. * Title VIII. * Article IV, Section 93. 14 Present Constitution and Projet §." the purpose of electing two coroners.” Both of these were exceptions to a general constitutional provision.” New Orleans was brought to the verge of bankruptcy during the early 1870’s by the maturing of debts resulting from excessive purchases of railroad stock prior to the Civil War and by fiscal maladministration and decreasing property values during the Civil War and Reconstruction period. To arrest the further expansion of the debt of the city a constitutional amendment was adopted in 1874 pro- hibiting New Orleans from contracting further debt. 10 This amendment marked the beginning of extensive special con- stitutional consideration of the power of New Orleans to borrow money. Constitution of 1879. The Constitution of 1879 evi- denced a marked increase in the extent of special con- sideration given New Orleans. It might be said that this constitution firmly established the pattern followed in all Subsequent constitutions of prescribing a principle appli- cable to municipalities or parishes in general with New Orleans or Orleans Parish specifically excepted and then providing in detail the special principles applicable to New Orleans or Orleans Parish. This pattern was followed as to local law enforcement officers, including sheriffs, cor- oners, clerks of court, district attorneys, justices of the peace, and constables.” A separate title was included for the courts of the parish of Orleans and city of New Orleans; it included detailed provisions concerning the appellate, district, and city courts to be held in New Orleans.” In all Subsequent constitutions a separate title of the same character has been included, usually joined with the special provisions concerning court administrative officers and local law enforcement officers of Orleans Parish. Under another special title, “The City of New Orleans,” the 1879 convention confessed its inability to cope with the financial situation of New Orleans and so directed the general assembly at its next session to enact “such legis- lation as may be proper to liquidate the indebtedness of * Ibid. * Ibºol. * Amendment proposed by Act 22 of 1874 adding Article 163. See Appendix II. * Articles 118–127. * Articles 128-147. 15 vol. iv e &e. 1 New Orleans Studies the city of New Orleans, and to apply its assets to the satisfaction thereof.” The general assembly made several attempts to carry out this mandate during the eighties and in 1890 proposed an amendment to the constitution which was adopted by the voters establishing as a consti- tutional board the Board of Liquidation, City Debt, which was charged with consolidating and liquidating the debt of the city, and establishing as a constitutional tax a one percent debt tax to be levied for fifty years.14 Placing these matters in the constitution has necessitated numerous constitutional amendments in order to authorize New Orleans to incur indebtedness and to use the proceeds of this tax for paying interest on the principal of the bonds issued. Another feature of the 1879 Constitution which has continued through subsequent constitutions is the authoriza- tion of the governor to appoint a “supervisor of registra- tion” for New Orleans.15 Further control of the state over the local govern- mental affairs of New Orleans is to be found in those provisions of the 1879 Constitution which (1) required that parochial and municipal elections in New Orleans (and Shreveport) be at some time other than the time of the general state election,” although parochial elections in other parishes were required to be held at the same time as the general state election—a provision which has been carried over to all subsequent constitutions; (2) provided that there would be no municipal election in New Orleans in December of 1879 and that the legislature was to provide for a municipal election in New Orleans during 1880;17 and (3) directed the legislature to pass laws to prevent sailors and others of the crews of foreign vessels from working on wharves and levees of New Orleans.” Constitution of 1898. The Constitution of 1898 fol- lowed the pattern set by the Constitution of 1879. It carried over the general provisions of the preceding constitution *Article 254. For a detailed study of the development of debt incurrence by New Orleans, see Appendix II. * Proposed by Act 110 of 1890. * Article 186. ** Article 192. ** Article 268. ** Article 255. 16 Present Constitution and Projet §." and included additions and changes. Municipalities in general were authorized to borrow money and issue bonds, but New Orleans was excepted from this authorization.” There were also included provisions dealing with the debt of New Orleans and bringing in the provisions of the pre- ceding constitution establishing the Board of Liquidation, City Debt and the one percent debt tax levy.” These pro- visions and limitations necessitated several constitutional amendments when it was desired to authorize the city to issue bonds for such purposes as sewerage, water, and drainage construction,” teachers’ salaries,” and construc- tion of the Public Belt Railroad.* The special title, “City of New Orleans,” which was quite long in the 1879 Constitution included still other new provisions establishing a board of assessors for New Orleans.”4 New special provisions were also included which dealt with the Orleans Parish School Board.” And, by amendment, the Board of Port Commissioners of the Port of New Orleans was given constitutional recognition as an agency of the state charged with the duty of administering the Port of New Orleans.26 Constitution of 1913. Insofar as it concerned New Orleans, the Constitution of 1913 was largely a reproduc- tion of the Constitution of 1898. In general the provisions of the preceding document dealing especially with New Orleans were carried over and the intervening amendments were brought in by reference or revision. Several amendments dealing with the power of New Orleans to tax and borrow money were passed in the inter- val between 1913 and 1921. These were necessitated by the constitutional limitations mentioned above. The most important by far of these amendments was that proposed by Act 4 of 1916 which returned to New Orleans the power to incur debt and issue bonds and defined its taxing power. ** Article 281. * Articles 313–318. * Act 6 of 1899 E.S., Act 19 of 1906, and Act 116 of 1908. ** Act 2 of 1906. * Act 179 of 1908. ** Article 309. ** Articles 254 and 261. ** Act 180 of 1908. 17 Vol. IV sº &ºis. 1 New Orleans Studies This amendment, which actually reorganized the basic fi- nancial structure of the city, still serves today as the principal constitutional material on this subject. Constitution of 1921. The Constitution of 1921 included most of the special provisions of the 1913 Constitution in one form or another. Act 4 of 1916 was brought into the constitution through incorporation by reference.” Because this amendment of the 1913 Constitution was made a part of the Constitution of 1921, several amendments have subsequently been added in order to change its pro- visions. These are discussed fully in the analysis of Article XIV, Section 24 in Chapter 4. Furthermore, as the amendment provides the “exclusive” ways in which the city may incur debt and issue its bonds and as it does not provide for the issuance of revenue bonds, a number of amendments have also been added to the constitution to authorize the city to issue such bonds for particular purposes.” From this review of the Louisiana constitutions it may be seen that the many provisions of the present constitu- tion concerning New Orleans have resulted from a process of accumulation beginning as early as the 1812 Consti- tution and receiving great impetus in the Constitution of 1879. From a quantitative viewpoint these extensive pro- visions of the various constitutions have related primarily to (1) the local law enforcement officers of Orleans Parish; (2) the court system of the parish and city, including the court administrative officers; and (3) the incurring of debt and taxation. Special provisions of the present constitution concern the apportionment of senators and representatives in Orleans Parish,” the court system of Orleans Parish and the city of New Orleans,” the parish officers of Orleans Parish,” the time for parochial and municipal elections in Orleans Parish,” the method of appointing the registrar of voters of Orleans Parish,” the application of homestead * Article XIV, Section 24. * Principally in relation to the Public Belt Railroad system and bridge, the Union Railway Passenger Terminal, the Upper Pontalba Building, and a ferry system. See Chapter 4. * Article III, Sections 2, 3, 4, and 5. * Article VII, Sections 31, 43, 52, and 75–97. * Article VII, Sections 65, 66, 70, and 71. * Article VIII, Section 10. * Article VIII, Section 18. 18 Present Constitution and Projet §." tax exemptions to city taxes,” the rates of taxation in New Orleans and Orleans Parish,” city civil service for New Orleans, 36 the tax assessors for Orleans Parish,97 the tax collector for Orleans Parish,” the right of the electors of New Orleans to elect their own public officers,” the Vieux Carre Commission,” the Sewerage and Water Board,” the Board of Liquidation, City Debt of New Orleans and the power of New Orleans to borrow money and issue bonds and certificates of indebtedness,” the Public Belt Railroad Commission and the Public Belt system, 48 the Public Ferry system, 44 and the Upper Pontalba Building bonds.” The constitution also contains special provisions concerning the establishment and operation of certain ad hoc agencies governing within the territorial limits of New Orleans. These include the Board of Commissioners of the Port of New Orleans,” the Board of Commissioners of the Orleans Levee District,47 and the Orleans Parish School Board.* Causes for Special Treatment of New Orleans. What are the causes for the extensive special consideration given New Orleans? Though no one or more causes can clearly be assigned, several contributing factors may be suggested. It can be seen from the history of this problem that a num- ber of the instances of special consideration were originally added to the constitution to meet needs of a particular era or to solve a particular problem. However, the manner in which many of these have been carried forward from one constitution to another suggests greater interest in the maintenance of the status quo than in critical re-evaluation. One factor which often seems operative is the large population of the city as compared with the remainder of the state. According to recent census figures, the popu- * Article X, Section 4 (9). * Article X, Section 10; Article XIV, Sections 8, 11, 12, 23.1, 23.2, 24, 24.5, 24.16, and 25. * Article XIV, Section 15. * Article XIV, Sections 9 and 20. * Article XIV, Section 21. * Article XIV, Section 22. * Article XIV, Section 22A. * Article XIV, Section 23. * Article XIV, Sections 24, 24.2–24.11, 24.12–24.22, 27, 28, 31.1, 31.3, and 31.4. * Article XIV, Sections 26, 27, 28, and 31.3. “Article XIV, Section 31.1. * Article XIV, Section 31.4. * Article VI, Sections 16, 16.1–16.4, and 17. * Article XVI, Section 7 and Article XVI-A. * Article XII, Sections 15 and 16. 19 Vol. IV e §. 1 New Orleans Studies lation of New Orleans is some 567,257 as compared with a population of 2,667,022 for the entire state;” thus, approxi- mately one-fifth of the state's population is concentrated in New Orleans. It is not surprising that such a population center should create problems which cannot properly be solved under principles applicable to the other much less populous local government units of the state. Probable examples of the effect of this are the division of the parish by the constitution for purposes of legislative apportion- ment,50 constitutional provision for the appointment of the registrar of voters by the governor,” and the establishment of a tax assessing board for Orleans Parish.” A further relevant factor is the fact that New Orleans and Orleans Parish form the only complete city-parish consolidation in the state.” The boundary lines of the city of New Orleans and of the parish of Orleans are coter- minal. Furthermore, the governments of the two subdivi- sions are consolidated to a great extent. This consolidation sometimes makes it difficult or inconvenient to place New Orleans under the general rules applicable either to mu- nicipalities or to parishes. Examples of special constitu- tional consideration probably resulting from this are those concerning the rates of taxation in the city and parish” and the application of homestead tax exemptions to New Orleans city taxes.” Another factor, less tangible but possibly present, is the custom of separate treatment of New Orleans, which of itself tends to encourage further special treatment on new questions. Difficulties and Disadvantages of Special Treatment of New Orleans. The difficulties and disadvantages of this practice of special treatment are many. It tends to divide the state into two parts, each with its own public law; the division of the state into the parish of Orleans and the * 1950 Census of Population, Preliminary Cowmts, Bureau of the $º U. S. Department of Commerce: Washington, D. C., August 30, 1950. * Article III, Sections 2, 3, 4, and 5. * Article VIII, Section 18. * Article XIV, Sections 9 and 20. * See Appendix I, “Development of the Governmental Structure of New Orleans.” See also East Baton Rouge. * Article X, Section 10; Article XIV, Sections 8, 11, 12, 23.1, 23.2, 24, 24.5, 24.16, and 25. * Article X, Section 4 (9). 20 Present Constitution and Projet §." “country” parishes is an aggravated result. It impedes the uniform development of principles of local government in Louisiana. The fact that many of these provisions must be frequently amended requires the people of the state as a whole to decide many matters which are largely local in character by the approval or rejection of constitutional amendments. When the people are required to pass upon such local questions, it is not surprising that many become confused or remain uninformed on issues of state-wide im- portance. The practice also makes the constitution lengthy and in many parts almost unintelligible. The accumulation of numerous amendments with many duplicate provisions, the continuance in the constitution of obsolete provisions, and the continuation of the practice of incorporation by reference tends to create a confused constitution, as is evi- denced by Section 23 and following of Article XIV. Practice in Other State Constitutions. That large metropolitan areas do not necessarily demand extensive special constitutional consideration seems demonstrated by the most recent attempts at state constitutional revision. The constitutions of New York, Missouri, Georgia, and New Jesery as recently revised contain comparatively few special provisions concerning New York City, St. Louis, Atlanta, and Newark, respectively. New York City is specifically considered in eight sections of the New York constitution as amended in 1938;” St. Louis in fourteen * The provisions of the New York constitution dealing with New York City may be summarized as follows: (a). Courts (Article VI, Sections 11 and 15). Section 11 of Article VI describes the organiza- tion of the county courts throughout the state but special exceptions are made in the case of the county courts of the counties in the city of New York. Section 15 concerns the city courts of New York. By these two sections the civil jurisdiction of the county courts of the counties in New York City is transferred to the city court of the city of New York and certain other special jurisdiction is given this municipal court. No special consideration is given New York City as regards the other courts because the provisions establishing these courts are very general and the legislature is given much leeway in describing the courts. (b). Indebtedness (Article VII, Sections 2, 4, 7 and 7a). Section 2 of Article VII places certain restrictions on political subdivisions concerning the period of time for which indebted- ness may be contracted. New York City is exempted from this provi- sion to the extent of being allowed for certain specified purposes to issue bonds to be outstanding for a longer period of time. Section 4 specifies the total indebtedness outstanding which local subdivisions may incur; special provisions are made for New York City. Sections 7 and 7a specify certain other purposes for which New York City may incur indebtedness without regard to the limitations placed on local governments in this article. (c). Local officers (Article IX, Sections 5, 7, and 8). Sections 5 and 7 of Article IX provide for the election 21 §." New Orleans Studies sections of the Missouri Constitution of 1945;” and Atlanta and Newark are given no special consideration in the con- stitutions of Georgia (1945) and New Jersey (1947), respectively. Approach and Action of Institute in Regard to Special Treatment of New Orleans. The Institute, though recogniz- ing that the peculiar characteristics of New Orleans in some circumstances justify separate disposition in the constitu- tion, attempted to follow the principle that important policy considerations only should determine these instances. If the provision is local, it should come under the home rule charter of New Orleans; if the state has an interest and the subject matter is fundamental, it should remain in the constitution. of county officers (sheriffs, clerks of counties, district attorneys, and registers) in the counties of the state, other than those in New York City. Special provision is made for the appointment of clerks of the counties in New York City and for the election of sheriffs in these counties and for the removal of these officers. Section 8 gives the city council of New York City the power to abolish the office of any county officer other than judges, clerks of counties, and district attorneys, and to assign any or all functions of such officers to city officers, courts or clerks of counties, and to prescribe the powers, duties, qualifications, numbers, mode of selection and removal, terms of office and compensation of the persons holding such offices and the employees therein, and to assign to city officers any powers or duties of clerks of counties not assigned by the constitution. For the most part the language of the constitution of New York is sufficiently broad to cover New York City; in many cases this is effected by assigning to the legislature the task of providing detailed legislation. * The provisions of the Missouri constitution dealing with St. Louis may be summarized as follows: (a). Representation (Article III, Section 9). Article III, Section 9 provides that St. Louis is to have eighteen representatives. (b). Courts (Article V, Sections 29 (a)- 29 (g), etc.). The “St. Louis courts of criminal correction” are in- cluded with lists of various courts in several sections. Sections 29 (a)- 29 (g) provide for the non-partisan selection of judges of the supreme court, the courts of appeals, the circuit and probate courts within the city of St. Louis and Jackson County, and the St. Louis court of criminal correction. The electors of any judicial circuit outside of the city of St. Louis and Jackson County, may by a majority vote of those voting elect to have the judges of the courts of record therein appointed in the manner provided for the selection of the judges of the city of St. Louis and Jackson County. (c). Consolidation of the city of St. Louis and the county of St. Louis (Article VI, Sections 30(a) and (b), 31, 32(a) and (b), and 33). Sections 30 (a) and 30(b) of Article VI provide for the consolidation of city-county func- tions, the extension of the territorial limits of the city of St. Louis, and the establishment of metropolitan districts for the functional ad- ministration of services common to the area and for a board to present plans dealing with such matters. Section 31 recognized the city of St. Louis as both a city and a county. Section 32(a) provides a means whereby the St. Louis city charter may be amended, Section 32 (b) provides a method for revising this charter, and Section 33 provides for the certification, recordation, and deposit of amendments of the St. Louis city charter. In general St. Louis is treated as a city and a county under general provisions of the constitution. 22 Present Constitution, and Projet 3." The manner in which the Projet deals with these special provisions relating to New Orleans is summarized here- after.38 More extended discussion of each of the various changes is to be found under the particular Projet pro- visions concerned. Special consideration of New Orleans has been con- tinued in regard to apportionment.” The large population of New Orleans makes it advisable to continue constitu- tional division of New Orleans into wards and districts in apportioning representatives and Senators so that all portions of the city may be guaranteed representation in the state legislature. In general it may be said that the Projet treats the courts of New Orleans in the same manner as it provides for those of other parishes, except that the distinction between the Civil District Court and the Criminal District Court has been retained.” This distinction has been re- tained out of deference to a firmly established principle which has proved very satisfactory in practice. The distinc- tion is also carried out in providing for the usual parish officers although these officers are otherwise treated along with parish officers in general." The constitutional provision fixing the time of the parochial and municipal elections in New Orleans has been deleted.” The legislature has been given the power to fix the time of parochial elections; the time of municipal elec- tions has been left to the cities themselves (or possibly the legislature by general law).” Also, the special provision authorizing the governor to appoint the registrar of voters for Orleans Parish has been eliminated so that under the Projet the registrar of voters will be appointed by the governing authority of the city and parish as is the case * See Appendix IV for a complete listing of the provisions of the present constitution concerning New Orleans in particular and the sections of the Projet under which they are discussed. * Present constitution Article III, Sections 2-5, and 9; Projet Article III, Sections 5-9 and Article VII, Section 6. .* Present constitution Article VII, Sections 31, 43, 52, 75-97; Projet Article VI, Sections 24, 25 and 26. * Present constitution Article VII, Sections 65, 66, 70 and 71; Projet Article VI, Sections 40-42. * Present constitution Article VIII, Section 10. ** Projet Article VII, Section 7. 23 Voi. IV © &ie. 1 New Orleans Studies in other parishes.* These changes are in accord with the policy of giving home rule to municipalities. Since the Projet abolishes the homestead tax exemp- tion on a statewide basis, the extension of the exemption to New Orleans city taxes found in the present constitution is rendered inoperative.” The provisions of the present constitution concerning the power of New Orleans to levy property taxes have been made a part of a home rule charter for New Orleans.” The power of taxation is to be exercised under the home rule charter subject to limitations which the legislature may place upon the maximum rate and sources as provided in Section 5 of Article X of the Projet. The provisions of the present constitution concerning the power of New Orleans to tax property are discussed fully in Chapter 4 and the exercise of this power under a home rule charter (Article X, Section 3 of the Projet in particular) is con- sidered in Chapter 3. - Basic principles of city civil service systems for all municipalities having populations in excess of one hundred thousand are set out in the Projet.” These principles, which will be applicable to New Orleans, are set out in full so that they may not be emasculated by the legislature as was possible under the provision of the present constitution prior to the civil service amendment of 1952.98 In regard to tax assessors New Orleans is not given special treatment. Instead of the board of seven assessors provided by the present constitution, New Orleans is given one assessor as are the other parishes of the state.” It was felt greater uniformity could be secured by having a single assessor for the parish of Orleans. |Under the Projet the office of state tax collector for the parish of Orleans is abolished and the civil sheriff is made * Present constitution Article VIII, Section 18; Projet Article VII, Section 14. * Present constitution Article X, Section 9(b); Projet Article IX, Section 5. * Present constitution Article X, Section 10; Article XIV, Sec- tions 8, 11, 12, 23.1, 23.2, 24, 24.5, 24.16, and 25. Projet Article X, Sections 3 and 5. * Projet Article XII; present constitution Article XIV, Section 15. * Act 18 of 1952 amending Section 15 of Article XIV. This amendment was, of course, adopted some time after the completion of the Projet. * Present constitution Article XIV, Sections 9 and 20; Projet Article X, Section 17. 24 Present Constitution and Projet §." ex officio tax collector. 79 The withdrawal of the state from the property tax field makes the present arrangement un- necessary. That provision of the present constitution which grants to the people of New Orleans the right to choose their own public officers has been broadened so as to include all mu- nicipalities.” Furthermore, the general principle of home rule which is suggested by the provision is made effective by giving New Orleans a home rule charter under Section 3 of Article X. The present constitutional provision is fully discussed in Chapter 2 and Article X, Section 3 of the Projet is fully discussed in Chapter 3. The provision concerning the Vieux Carre Commission has been abandoned in favor of a general provision author- izing municipalities “to zone . . . to preserve the character of buildings, monuments, structures, and areas of historical importance.” The provisions of the present constitution concerning the Sewerage and Water Board,” the Board of Liquidation, City Debt, and the power of New Orleans to borrow money and issue bonds and certificates of indebtedness,” the Public |Belt Railroad Commission and Public Belt system,” the Public Ferry system,7° and the Upper Pontalba Building bonds” have all been placed in a home rule charter for New Orleans under Article X, Section 3. In general, it may be said that on these matters New Orleans under its home rule charter is to be subject to the various provisions of Article X applicable to all home rule municipalities. These provisions of the present constitution in general deal with municipal powers and functions and are of such a complex character that all of Chapters 4, 5, and 6, and the major portion of Chapter 3 have been devoted to them. ** Projet Article VI, Section 40; present constitution Article XIV, Section 21. ** Present constitution Article XIV, Section 22; Projet Article X, Section 7. ** Present constitution Article XIV, Section 22A; Projet Article X, Section 19. ** Article XIV, Section 23. ** Article XIV, Sections 24, 24.2–24.11, 24.12–24.22, 27, 28, 31.1, 31.3, and 31.4. * Article XIV, Sections 26, 27, 28, and 31.3. ** Article XIV, Section 31.1. ** Article XIV, Section 31.4. 25 §." New Orleans Studies In view of the fact that the Board of Commissioners of the Port of New Orleans is a state agency in which the entire state has an interest and to the support of which taxpayers of the entire state contribute, it was considered advisable to retain the provisions on this board in the Projet.” In so doing, however, the Institute revised the provisions and stated them in a more concise and logical fashion. Because of the unusual nature of the powers of the Board of Levee Commissioners of the Orleans Levee District in regard to the Lakefront Improvement Project, they have been carried over into the Projet;” however, an attempt was made to eliminate the obsolete provisions and to restate those remaining in a concise and logical manner. No special consideration has been given to the Orleans Parish School Board in the Projet.” It is to be governed under the general provisions of the Public Education and Local Government articles.** Thus, it may be seen that each instance of special consideration of New Orleans has been analyzed and every effort has been made to provide for each in the Projet in a manner consistent with the attempt to give New Orleans home rule and to provide a concise and logical constitution by eliminating or revising the bulky special provisions of the present constitution. * Present constitution Article VI, Sections 16, 16.1–16.4, and 17; Projet Article XIII, Section 5. * Present constitution Article XVI, Section 7; Projet Article XIII, Section 4. * Present constitution Article XII, Sections 15 and 16. * Projet Article XI (Section 6 in particular) and Article X (Section 5 in particular). 26 Chapter Two HISTORY OF THE MOVEMENT FOR HOME RULE FOR NEW ORLEANS Howard Lee McBain has defined municipal home rule in the following manner: Broadly construed the term “municipal home rule” has reference to any power of self-government that may be conferred upon a city, whether the grant of such power be referable to statute or constitution. In American usage, however, the term has become as- sociated with those powers that are vested in cities by constitutional provisions, and more especially pro- visions that extend to cities the authority to frame and adopt their own charters. . . .” The home rule movement began in 1875 with the in- clusion in the Missouri constitution of a provision authoriz- ing St. Louis and Kansas City to formulate, adopt, and amend their own charters subject to the constitution and general laws of the state.” Since then it has spread to a number of other states; constitutional provision for munici- pal home rule now exists in at least twenty-one states.” In 1946 home rule was given recognition in Louisiana and to a very limited degree. A 1946 constitutional amendment” authorized the people of the parish of East Baton Rouge, including the city of Baton Rouge, to adopt a charter for the government of the parish and several municipal corpora- tions and other political subdivisions and districts situated within the parish. Two years later a constitutional amend- mentº authorized the people of Shreveport to formulate and adopt a charter for the government of that city. In 1950 the legislative charter of New Orleans was declared to be a * The Law and Practice of Municipal Home Rule (New York: Columbia University Press, 1916), p. v. * William Anderson, American Government, 3rd ed. (New York: Henry Holt and Company, 1947), p. 105. * Jefferson B. Fordham, “Model Constitutional Provisions for Municipal Home Rule,” American Municipal Association, p. 9. * An amendment proposed by Act 389 of 1946 adding Section 3 (a) to Article XIV. Louisiana had a brief experience with home rule from 1879 to 1898. See Public Affairs Research Council, Home Rule for Louisiana Municipalities, 1952. * An amendment proposed by Act 529 of 1948 adding Section 37 to Article XIV. 27 Vol. IV º &ºis. 2 New Orleans Studies “home rule charter” by constitutional amendment" and the people of New Orleans were authorized to replace it with a new home rule charter. In 1952 the power and authority to adopt home rule charters was extended to all municipali- ties." These recent developments are indicative of the rapid growth of a favorable attitude toward municipal home rule which has culminated in a broad general grant of home rule powers to Louisiana’s cities, apparently patterned after that included in Article X, Section 2 of the Projet. Al- though each of these grants of authority for establishing home rule charters is of interest and significance to the development of home rule in Louisiana, only the provision concerning New Orleans will be considered here. HISTORY OF THE NEW ORLEANS CONSTITUTIONAL “HOME RULE” PROVISION The basic governmental structure and powers of New Orleans were provided by special legislative charter almost from its incorporation after the Louisiana Purchase. Such charters were, and could be, amended only by legislative act. Supplementing and superimposed upon these charters were special constitutional provisions outlining certain of the powers of and limitations on the city and establishing special boards and commissions to exercise governmental functions within the city. These provisions, which are dis- cussed in their present form in the preceding chapters, served to establish limitations upon both the city and the legislature; but one provision of the various constitutions of the state—the so-called “home rule” provision—was designed to insure to the people of New Orleans some degree of control over the officers invested with power to admin- ister municipal governmental functions. In the present con- stitution this provision is found in Article XIV, Section 22 (in part) which provides as follows: The electors of the City of New Orleans and of any political corporation which may be established * An amendment proposed by Act 551 of 1950 amending Section 22 of Article XIV. This amendment was adopted after the completion of the Projet. The most recent special charter, Act 159 of 1912 as amended, was declared by Act 551 of 1950 to be a home rule charter until continued or replaced as provided in the act. * Act 245 of 1952 adding Section 40 to Article XIV. This amend- ment was adopted after the completion of the Projet. 28 Vol. IV Movement for Home Rule Chap. 2 within the territory now, or which may hereafter be embraced within the corporate limits of said city, shall have the right to choose their public officers. . . . This section shall not prohibit the election of any officer by the Council or governing authority or appointment by the Mayor, nor the filling of vacancies for the unex- pired term as now or hereafter provided by law; nor shall it apply to the Board of Liquidation, City Debt, or to any Board of Civil Service Commissioners or Examiners; nor shall it be construed as restricting the police power of the State, or as prohibiting the Legis- lature from appointing, or authorizing the appointment of, any board or commission with full authority in the City of New Orleans other than that of controlling the ordinary governmental functions of municipal govern- ment. . . . The genesis of this provision was Article VI, Section 23 of the Constitution of 1812 which provided as follows: The citizens of the town of New-Orleans shall have the right of appointing the several public officers neces- sary for the administration and the police of said city. . . . A provision of similar character appeared in every Loui- siana constitution except that of 1868.* The effect of each of these constitutional provisions has been to require, to one degree or another, that the exercise of police power by or in the city of New Orleans be controlled by officers or bodies subject directly or indirectly to the will of the people of the city. The scope of the grant seems to have been greatest under the Constitutions of 18989 and 1913.19 * Constitution of 1845, Article 128; Constitution of 1852, Article 124; Constitution of 1864, Article 133; Constitution of 1879, Article 253; Constitution of 1898, Articles 319 and 320; Constitution of 1913, Article 319; and Constitution of 1921, Article XIV, Section 22. * Article 319: “The electors of the City of New Orleans and of any political corporation which may be established within the territory now, or which may hereafter be, embraced within the corporate limits of said city, shall have the right to choose the public officers, who shall be charged with the exercise of the police power and with the administration of the affairs of said corporation in whole or in part.” Article 320: “This article shall not apply to the Board of Liqui- dation of the City Debt, nor shall it be construed as prohibiting the establishment of Boards or Commissioners [sic], the members of which are elected by the Council or appointed by the Mayor with the consent of the Council. As to all other existing boards or Commissions affected by it, said article shall take effect from and after the first municipal election which shall be held in the City of New Orleans after the adop- tion of this Constitution; provided that nothing herein contained shall be so construed as to prevent the Legislature from creating Boards or Commissioners [sic], whose powers shall extend in and beyond the Parish of Orleans, or as affecting present Boards of that character, or the Board of Directors of the public schools; provided, 29 §. New Orleans Studies Under the 1898 and 1913 constitutional provisions, the court determined and uniformly applied the principle that it was the constitutional intent that there be no distinction between the police power of the city and the state and, consequently, that in exercising the police power in (not only by) New Orleans, or in dealing with its affairs, the officers and agencies to be employed had to be provided in the ways required by the constitutional provisions.” Thus, for example, in a case contesting the validity of certain functions to be exercised by the state fire marshal in the city of New Orleans, the following opinion was given: There can be no serious denial of the fact that the said functions of the said fire marshal are local in character, and that their exercise in any city con- stitutes an exercise of the police power of such city and an administration in part of its affairs. If such functions as these are not of that character, it would be hard to conceive of any that would be. They are essentially and manifestly such. And, such being the case, a statute which authorizes an officer appointed by the Governor (not elected by the electors of the city of New Orleans) to exercise them in that city, that hereafter, in creating any Board with such powers, or in filling vacancies therein, at least two-thirds of the members thereof shall be from the City of New Orleans, and elected by the people or Council thereof, or appointed by the Mayor as hereinabove provided.” * Article 319: “The electors of the City of New Orleans and of any political corporation which may be established within the territory now, or which may hereafter be embraced within the corporate limits of said city, shall have the right to choose the public officers, who shall be charged with the exercise of the police power and with the administration of the affairs of said corporation in whole or in part. This article shall not apply to the Board of Liquidation of the City Debt, nor shall it be construed as prohibiting the establishment of boards or commissions, the members of which are elected by the Coun- cil or appointed by the Mayor with the consent of the Council. Noth- ing herein contained shall be so construed as to prevent the General Assembly from creating boards or commissions, whose powers shall extend in and beyond the Parish of Orleans, or as affecting present boards of that character; provided, that hereafter, in creating any board with such powers, or in filling vacancies therein, at least two- thirds of the members thereof shall be from the City of New Orleans, and elected by the people or Council thereof, or appointed by the Mayor as herein provided.” * Board of Public Utilities in and for City of New Orleans v. Yº green. Railway and Light Company, 145 La. 308, 82 So. 289 1919). 30 Vol. IV Movement for Home Rule Chap. 2 contravenes said articles . . . of the Constitution, and is in that respect null and void.” The result of this interpretation of the constitutional grant was such that the supreme court once said that “the city of New Orleans had erected within its limits a sov- ereignty within a sovereignty.” The strength of this provision coupled with several other provisions of the Constitutions of 1898 and 1913, which were designed to give control of the municipal gov- ernment to the dominant local political machine, the “Old Regulars,” was one of the principal causes leading to the calling of the 1921 constitutional convention. In a message to the legislature of 1920, Governor Parker had the follow- ing to say in this connection: With the thought uppermost in mind that the people of Louisiana earnestly desire that an end be put to ring-rule; that the government of New Orleans be returned to the people, and the State at large be freed from an overwhelming and concentrated power, I have been at great pains to cause investigations to be made seeking a cure for the evils complained of. I find at every turn constitutional inhibitions written therein with the most obvious intent of insuring to the bosses of the city freedom from legislative inter- ference or legislative power to protect the people either of the State or city. While I have found it possible to Suggest some practical legislation, I have concluded, upon the advice of the ablest lawyers, that to accom- plish the full purpose of the people will require many constitutional changes. >}: :}; :k :: Louisiana is situated unlike any other State in the Union in that it has a dominant great city which *State v. Lafayette Fire Insurance Co., 134 La. 78, 82, 63 So. 630 (1913). See also State eac rel. Saunders v. Kohnke, 109 La. 838, 33 So. 793 (1903), where an act of the legislature was held unconstitutional on the ground that it violated the constitutional provisions by pro- viding for membership on the Sewerage and Water Board by means other than those allowed by the constitution. Contrast this case with the case of State e2; rel. Porterie v. Walmsley, 183 La. 139, 162 So. 826 (1935), discussed later in the text, which concerned an almost identical set of facts but arose after the adoption of the changed provision of the Constitution of 1921. See also Board of Health of the State of Louisiana v. Susslin, 132 La. 569, 61 So. 661 (1913), where legislation concerning public health in New Orleans was upheld only because of a special constitutional provision authorizing it. The case of Benedict v. City of New Orleans, 115 La. 645, 39 So. 792 (1905) is also in point. * State eac rel. Porterie v. Walmsley, 183 La. 139, 161, 162 So. 826 (1935). 31 Vol. IV & §e. 2 New Orleans Studies has become an overwhelming and dangerous element to State government if not intelligently dealt with. . . . This presents a situation which should have the most careful attention of the coming Constitutional Convention and your next legislative session in order that the city of New Orleans may be protected in all her rights and yet may not become a menace to the balance of the State.14 One of the changes made by the 1921 constitutional convention was to rewrite the “home rule” provision. Both the 1913 and 1921 constitutional provisions are set out below; the italicized portions of the first were material deletions made in rewriting the provision and the italicized portions of the second were material additions to the provision. The electors of the City of New Orleans and of any political corporation which may be established within the territory now, or which may hereafter be embraced within the corporate limits of said city, shall have the right to choose the public officers, who shall be charged with the eacercise of the police power and with the administration of the affairs of said corporation in whole or in part. This article shall not apply to the Board of Liquidation of the City Debt, nor shall it be construed as prohibiting the establish- ment of boards or commissions, the members of which are elected by the Council or appointed by the Mayor with the consent of the Council. Nothing herein con- tained shall be so construed as to prevent the General Assembly from creating boards or commissions, whose powers shall extend in and beyond the Parish of Orleans, or as affecting present boards of that char- acter; provided, that hereafter, in creating any board with such powers, or in filling vacancies therein, at least two-thirds of the members thereof shall be from the City of New Orleans, and elected by the people or Council thereof, or appointed by the Mayor as herein provided.14a The electors of the City of New Orleans and of any political corporation which may be established within the territory now, or which may hereafter be embraced within the corporate limits of said city, shall have the right to choose their public officers. This section shall not prohibit the election of any officer by the Council or appointment by the Mayor, nor the filling of vacancies for the unexpired term as now or hereafter provided by law; nor shall it * Senate Journal (1920), pp. 548-549. **a Constitution of 1913, Art. 319. 32 Vol. IV Movement for Home Rule Chap. 2 apply to the Board of Liquidation, City Debt, or to any Board of Civil Service Commissioners or Exam- iners; nor shall it be construed as restricting the police power of the State, or as prohibiting the Legislature from appointing or authorizing the appointment of, any board or commission with full authority in the City of New Orleans other than that of controlling the ordi- mary governmental functions of municipal govern- 'ment. 14b The action of the constitutional convention was not interpreted by the court until 1935. In the case of State ea, rel. Porterie v. Walmsley,” the court was called upon to review a statute almost identical with one it had declared unconstitutional under the “home rule” provision of the Constitution of 1898 which was substantially indentical with that of the Constitution of 1913. After reviewing the entire history of the “home rule” provision, the court declared that the constitutional convention had intended by its redraft of the provision to “reinvest” the state with its “unrestricted police power,” and found the function of Sewerage, water, and drainage in New Orleans to be one in which the entire state has an interest and one, conse- quently, within the police power of the state. This interpretation materially reduced the scope of the “home rule” provision. Although under the Constitutions of 1898 and 1913, the provision was of sufficiently broad Scope to give to New Orleans a considerable degree of freedom from state control, today it grants its bit of pro- tection of local self-government only in regard to the con- trol of “the ordinary governmental functions of municipal government,” and this is further curbed by the possibility that many of the functions of government normally classi- fied as “ordinary governmental functions of municipal government” in regard to other municipalities (such as sewerage, water, and drainage) might be considered of state importance because of the size and importance of the city of New Orleans. Thus, this provision, though for a number of years referred to as a “home rule” provision, offered little to limit the power of the legislature in regard to New Orleans. It required only that the people of New Orleans, by elec- tion or through appointment by their elected municipal “b Constitution of 1921, Art. XIV, Sec. 22. ** 183 La. 139, 162 So. 826 (1935). 33 §. New Orleans Studies officers, control the selection of those officers and bodies charged with administration of “ordinary governmental functions of municipal government.” A further limitation upon this power arose from the fact that certain such officers and boards were specifically excluded from its ap- plication. Because of the limited application of the pro- vision, the exercise of many functions of government was delegated to officers and bodies totally or partially inde- pendent of control by the mayor and council. The legisla- ture, following no consistent pattern in exercising the power accorded it under the constitution, established agencies, boards, and commissions without regard to the development of an effective over-all government. In 1942, for example, in addition to many administrative officers and boards under the direct appointive and administrative power of the mayor and council, there were twenty-five independent and quasi-independent boards, including three self-perpetuating boards, exercising local governmental power in the city; eleven state officers and boards, subject largely to the ap- pointive power and control of the governor, functioned primarily within the city.18 THE 1946 CENTRALIZATION CHARTER AMENDMENT Except for the constitutional officers and bodies, the basis for remedying this situation was provided by an amendment to the city charter proposed by Act 301 of 1946. This amendment abolished the police and fire boards and authorized the centralization of executive and legislative power in the mayor and council by amending Section 4 (j) to provide (in part) as follows: . . . The commission council shall have the author- ity to take over, administer, possess and exercise all executive and legislative powers and duties heretofore had, possessed and exercised by all other legislative and administrative officers handling or vested with any department or subdivision of government within the city of New Orleans, whether herein specifically enu- merated or not, it being the intention that all the powers and duties of government in the city of New Orleans or parish of Orleans and the control of all real public property, and all the powers and duties of boards and commissions other than those provided for * See the chart Organization of the Government of the City of New Orleans as of May 1, 1942, prepared by the Bureau of Govern- mental Research, Inc., New Orleans, La., 1942. 34 Vol. IV Movement for Home Rule Cºe. 2 by the constitution shall be transferred and vested in the city of New Orleans, but the commission council may subsequent to the effective date of this act re- establish and delegate to such boards and commissions duties, obligations and responsibilities that may be set forth in proper ordinances. All boards and commissions created by existing ordinances shall remain in full force and effect until further action by the commission council. The commission council is authorized to require all boards and commissions of the city to turn over to the commission council all funds, property and records in their possession. The commission council is author- ized to require all boards and commissions of the city receiving regular appropriations from the General Fund of the city of New Orleans to deposit all direct receipts and revenues of such boards, commissions and/or agencies to the general fund of the city or to such specific fund or funds in the City Treasury as may be designated by the commission council. THE RECENT CONSTITUTIONAL HOME RULE AMENDMENT Following some skirmishing in 1948 between the state and city administrations,” there arose in New Orleans a movement of considerable force, led by Mayor DeLesseps Morrison, for granting the city full home rule. And, fol- lowing statements by Governor Earl Long favoring the granting of more power to New Orleans, a proposal for a constitutional amendment designed to give to the city a considerable degree of home rule was introduced during the 1950 legislative session. The proposed amendment, which resulted from work of a special committee appointed by the governor for this purpose, was adopted by the legis- lature and by the people of the state in the November 1950 election. The amendment, proposed by Act 551 of 1950, 18 and adopted subsequent to the adoption of Article X, Section 3 ** Conflict between the state and city administrations reached a peak with the passage of Act 234 of 1948, which changed the basic organization of the city government from a commission form to a mixed form, partly commission and partly aldermanic. The change was upheld in City of New Orleans v. Board of Supervisors of Elec- tions for the Parish of Orleans, 216 La. 116, 43 So. (2d) 237 (1949). * Article XIV, Section 22 was amended to read as follows: The electors of the City of New Orleans and of any political corporation which may be established within the territory now, or which may hereafter be embraced within the corporate limits of said city, shall have the right to choose their public officers, and the form of government of said City. This section shall not prohibit the election of any officer by the Council or governing authority, or appointment by the Mayor, nor the filling of vacancies for the unexpired term as now or hereafter provided by law; nor shall it apply to the Board of 35 Vol. IV c §e. 2 New Orleans Studies Liquidation, City Debt, or to any Board of Civil Service Commis- sioners or Examiners; nor shall it be construed as restricting the police power of the State, or as prohibiting the Legislature from appointing, or authorizing the appointment of, any board of commis- sion with full authority in the City of New Orleans other than that of controlling the ordinary governmental functions of municipal government. Subject to the limitations elsewhere contained in this Constitution, the City of New Orleans is hereby declared to have a home rule charter consisting of Act 159 of 1912 as amended through the Regular Legislative Session of 1950, which said home rule charter may be amended or replaced only as hereinafter provided. Reference in this Section of Act 159 of 1912, as amended through the Regular Legisla- tive Session of 1950, shall not be construed as placing said Act into or making it a part of this Constitution. The City of New Orleans, in addition to the powers expressly conferred upon it by Act 159 of 1912, as amended through the Regular Legislative Session of 1950, shall have the right and authority to adopt and enforce local police, sanitary and similar regulations and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and municipal functions. The City of New Orleans shall, however, not exercise any power or authority which is inconsistent or in conflict with any general law. Nothing contained in this section shall be construed as giving to the City of New Orleans any rights, powers, authority or jurisdiction over any constitutional officers, boards and commissions, their deputies, subordinates and employees, or over any State, district and parochial officers, boards, commissions and funds, their deputies, sub- ordinates and employees. The amounts to be appropriated and paid by the City of New Orlelans for the expenses, including salaries and maintenance, of constitutional officers, boards, commissions, their deputies, subordinates and employees and State, district and paro- chial officers, boards, commissions and funds, their deputies, subordi- nates and employees, shall not, without the approval and consent of said City, be increased beyond the amounts which at the date of the adoption of this constitutional amendment are required to be con- tributed by the City; nor shall such amounts be reduced by the City without the consent of the Legislature. Without previous legislative sanction, the City of New Orleans shall make no changes in the pension systems of the New Orleans Fire Department, the New Orleans Police Department, or the Sewerage & Water Board of said City, nor shall it, without such sanction, de- crease the salaries or wages, or increase the hours of employment of members of the New Orleans Police and Fire Departments as fixed by law at the date of the adoption of this constitutional amendment. The Legislature is hereby prohibited, subsequent to the Regular Session of 1950, from amending, modifying or repealing the herein established or future home rule charters of the City of New Orleans other than by general law which uniformly applies, both in terms and in effect, to all cities of the State. However, the Legislature shall have the right to classify cities according to total population based upon the last available Federal census and to enact legislation limited in its effect to any such class, but any legislation so enacted which is applicable to fewer than the five largest cities of the State, including the City of New Orleans, shall not become operative in the City of New Orleans until submitted to and approved by a majority of the qualified electors of the City of New Orleans voting thereon at an election to be held in said city in the manner hereinafter prescribed. An election shall be held by the people of the City of New Orleans at the General Election to be held on the first Tuesday fol- lowing the first Monday in November, 1952, at which there shall be submitted to the qualied voters in the City of New Orleans one or 36 Vol. IV Movement for Home Rule Č. 2 more plans of government. One plan to be submitted shall be the Charter of the City of New Orleans as it exists at the time of said election, consisting of Act 159 of 1912 as amended, through the regular Session of 1950. A second plan of government may be submitted by the Commis- sion Council. Additional plans may be submitted by means of citizens’ petition provided that there shall be annexed to the petition proposing each such additional plan the signature of at least ten thousand persons qualified to vote in the City of New Orleans, provided that at least two hundred fifty such persons must reside in each Ward in the City of New Orleans. Any plan or plans submitted to the electors as described in the last two preceding paragraphs must be published at length in the official journal of the City of New Orleans not later than 60 days prior to said election. Plans of government submitted by means of citizens’ petitions shall contain the signatures of at least ten thousand persons qualified to vote in the City of New Orleans, provided that at least two hun- dred fifty such persons must reside in each Ward in the City of New Orleans. Opposite the signature of each citizen there shall be shown the ward and precinct in which he is registered to vote, and the number of his registration certificate. Before any petition and annexed plan is submitted to the Com- mission Council, it shall be first presented to the Registrar of Voters for the Parish of Orleans whose duty it shall be to check the names of the petition against the registration records within ten days after the petition is presented to him. If the Registrar finds that at least ten thousand of the names on the petition are those of persons qual- ified to vote in the City of New Orleans, he shall immediately pre- pare a certificate to that effect and attach it to the petition and return the petition to the party or parties who presented it to him. Thereafter the plan and petition with the annexed certificate of the Registrar of Voters shall be presented to the Commission Coun- cil or governing authority of the City of New Orleans who shall within ten days after the plan is presented to the Council or govern- ing authority and without the exercise of any discretion as to the constitutionality or propriety of the contents of the plan, cause it to be published at length in the official journal of the City of New Orleans at the expense of the city. Any such plan or plans of government submitted by means of citizens’ petitions must be filed with the Clerk of the Commission Council or governing authority not later than July 31, 1952. Should the Commission Council of the City of New Orleans submit an alternative plan of government, said plan shall be approved by the vote of five (5) or more members of the Council. This action of the Commission Council must be taken not later than July 31, 1952, and notice thereof and contents of the plan shall be published at length in º ºfficial journal of the City of New Orleans as hereinabove proV10 ed. All plans other than that embodying the existing charter shall include provisions for the following: (a) That the reorganization of the form of government effected by the plan shall occur on May 1, 1954, and that the first officials elected pursuant to the plan shall take office on that date. (b) That the provisions of the plan relating to the qualifica- tion of candidates for official positions and the conducting of elec- tions of officials shall become effective on a date fixed in the plan and not later than December 1, 1953, and that the first election of officials pursuant to the plan shall occur on a date or dates #. fixed in the plan between January 1, 1954, and April 15, 37 Vol. IV e &ºe. 2 New Orleans Studies Not later than September 15, 1952, the Commission Council shall certify to the Board of Supervisors of Election* for the Parish of Orleans and to the Secretary of State the necessity for conducting a referendum for the purpose of either retaining Act 159 of 1912, as amended, through the regular 1950 session of the Legislature as the home rule charter, or selecting an alternative plan of government as a home rule charter, in accordance with the following plans and shall certify the plans to be voted upon, identifying each by number and by a brief description or name. Plan No. 1 shall be designated as “Existing Charters.” If the Commission Council has timely exercised its rights to propose an alternative plan of government, such alterna- tive shall be listed as Plan No. 2 and the description or name thereof shall be determined by the Commission Council. Other plans shall be numbered in sequence according to the time of presentation to the Commission Council and shall be further identified by descriptions or names which may be submitted to the Commission Council by the peti- tioners offering the respective plans. If such descriptions or names are not submitted by September 1, 1952, the plan shall be identified by the name of the person whose signature appears first on the peti- tion. No description or name shall exceed twenty words. The Secretary of State and the Board of Supervisors of Elections for the Parish of Orleans shall cause the proposition of adopting a charter to be included on the official ballot, shall cause all plans cer- tified by the Commission Council to be listed on the ballot, and shall cause the election as to that proposition to be conducted in conjunction with the election of presidential Electors on the first Tuesday follow- ing the first Monday in November, 1952, under the direction of the Board of Supervisors of Elections for the Parish of Orleans. The Election Commissioners shall prepare separate tabulation blanks or statements disclosing the result of the voting on the charter plans and shall dispose of them in the manner provided for the dis- position of tally sheets in the General Election Law, except that one set of the tabulation blanks, in lieu of being forwarded to the Secre- tary of State, shall be forwarded to the Commission Council of the City of New Orleans. At noon on the Monday following the election the Mayor, or in his absence, the Acting Mayor, in the presence of the Commission Council and any other persons who choose to be present, shall break the seals of the envelopes or packets containing the tabulations blanks and immediately proceed to compile the votes for each of the plans included on the ballot. The plan receiving the high- est number of votes shall be declared by the Commission Council to have been adopted by the Electors. The Commission Council shall forthwith promulgate the returns of the election and shall cause a proces verbal of the election to be filed with the Recorder of Mort- gages of the Parish of Orleans. If the plan receiving the largest num- ber of votes is any plan other than the existing charter, the Mayor of the City of New Orleans shall within thirty days file certified copies of such plan with the Recorder of Mortgages for the Parish of Orleans and with the Secretary of State. When filed with both of these officials, it shall become the charter of the City of New Orleans º take effect as provided therein, subject to the requirements of this CU. The home rule charter of the City of New Orleans herein estab- lished, or any subsequent home rule charter of the City of New Orleans, may be amended or replaced only by the affirmative vote of a majority of the qualified electors of the municipality voting upon same, and proposals to amend or replace such charter may originate only in the following manner: (a) By ordinance duly adopted by the Commission Council or other governing body of the municipality; or (b) By petition or not less than ten thousand of the duly qualified registered voters of the municipality, filed with the Com- * As it appears in the enrolled and engrossed bill. 38 Vol. IV Movement for Home Rule Č. 2 of the Projet by the Institute,” amended Section 22 of Article XIV. The first paragraph of the amendment is the same as the provision discussed above except that in addi- tion to granting the electors of New Orleans the right to choose their public officers, it also gives them the right to choose “the form of government” of the city. Then fol- lows a provision declaring the legislative charter of the city (Act 159 of 1912 as amended) to be a home rule charter to be amended or replaced only in the manner provided in the amendment. In addition to the powers expressly conferred upon New Orleans by its special legislative charter, the amend- ment granted to the city “the right and authority to adopt mission Council, or other governing body of the municipality, setting forth the proposed amendments or substitute home rule charter. When such amendments or substitute charters are proposed by ordinance of the Commission Council, or other governing body of the municipality, as aforesaid, such ordinance shall provide that the same shall be submitted to the electors at the next general election for members of Congress to be held in the municipality, provided the date of such election is not less than ninety (90) days after the effective date of such ordinance, or at a special election called for that purpose, the date of which shall be fixed at not less than ninety (90) days after the effective date of such ordinance. When such amend- ments or substitute charters are proposed by petition, as aforesaid, the Commission Council, or other governing body of the municipality shall, within sixty (60) days after receipt of such petition, provide by ordinance that the proposed amendments or substitute charters shall be published in the manner hereinbefore provided and shall be submitted to the electors at the next general election for members of Congress to be held in the municipality, provided the date of such election is not less than ninety (90) days after the effective date of such ordinance, or, when the petition so demands, at a special election called for the purpose, the date of which shall be fixed at not less than ninety (90) nor more than one hundred twenty (120) days after the effective date of such ordinance. Any charter or amendment so approved by a majority of the electors of the municipality voting on same shall become effective at the time and under the conditions fixed in such charter or amendment, but not until duly authenticated copies thereof have been filed by the Mayor within 30 days after said election in the offices of the Secretary of State and Recorder of Mort- gages for the Parish of Orleans, provided, that no substitute charter or amendment abolishing any elective office, reducing the remunera- tion, or shortening the term thereof, shall become effective until after the expiration of the current term of the incumbent officials elected to such office. * The first bill introduced in the session on this matter (Senate Bill No. 21) embodied the text of the Projet Article X, Section 3. Although the act as adopted does not include the text of the Projet provision, the approach to the situation is the same—i.e., the New Orleans legislative charter is declared to be a home rule charter. And the provisions of the amendment limiting the legislative power of the state in regard to New Orleans and those granting home rule powers to the city are in many respects similar to those which would be applicable to New Orleans under Article X of the Projet. 39 §...", New Orleans Studies } and enforce local police, Sanitary and similar regulations and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and municipal functions.” These grants are not without limitations, however; the city may not “exercise any power or authority which is in- consistent or in conflict with any general law.” Further- more, there is a prohibition against construing the amend- ment as giving the city “any rights, powers, authority or jurisdiction over any constitutional officers, boards and commissions, their deputies, subordinates and employees, or over any State, district and parochial officers, boards, and commissions, their deputies, subordinates and employees.” The first part of this limitation removes a number of matters largely of municipal concern from the scope of the home rule power; among these are (1) the composition and powers of the Board of Liquidation, City Debt (a self- perpetuating board having control over the power of the city to issue its general revenue bonds)” and (2) the composition and powers of the Public Belt Railroad Com- mission.” As mentioned above, the amendment declared the city’s legislative charter to be a home rule charter. This was to be effective only until the adoption of a home rule charter at the presidential election in November 1952, at which the voters of the city were to elect to remain under the existing charter or to substitute for it an entirely new plan of government. One of the alternatives presented to the voters was the existing charter. A new plan of city government was submitted by the Commission Council of * In particular Article XIV, Section 24 ratifying and confirming Act 4 of 1916. See Chapters 4 and 5 of “Municipal Bond Issuance and Administration by the City of New Orleans,” included as Appendix II. * Article XIV, Section 26. Other limitations included in the amendment are as follows: (1) the amounts required to be paid by the city for “expenses, including salaries and maintenance” of constitu- tional officers, boards, and commissions may not be increased beyond the amounts which are required to be contributed by the city at the date of the adoption of the amendment; and such amounts may not be reduced by the city without consent of the legislature; and (2) the city may not, without previous legislative sanction, make changes in the pension systems of the New Orleans Fire Department, the New Orleans Police Department, or the Sewerage and Water Board of the city, and it may not, without such sanction, decrease the salaries or wages, or increase the hours of employment of members of the New Orleans Police and Fire Departments. 40 Vol. IV Movement for Home Rule Čie. 2 New Orleans. The plan submitted by the Commission Council received the larger vote and became effective on May 1, 1954. The charter may be amended or replaced only by the affirmative vote of a majority of the qualified electors of the city who vote on the question. Proposals may originate in the following ways: (1) by ordinance of the Commission Council or other governing body of the city and (2) by peti- tion of not less than ten thousand voters of the city, filed with the Commission Council or other governing body. An attempt is made by the amendment to eliminate special legislation for New Orleans. It provides that the legislature may not amend, modify, or repeal the New Orleans home rule charter “other than by general law which uniformly applies, both in terms and in effect, to all cities of the State.” The legislature may, however, classify cities according to population and enact legislation limited in its effect to any such class, but any legislation so enacted which is applicable to fewer than the five largest cities of the state does not become operative in New Orleans until submitted to and approved by a majority of the electors of the city. The amendment confers a considerable degree of home rule upon New Orleans, and its people should be able to determine for themselves the structure of its government and the administration of its affairs. New Orleans has under this amendment adopted a home rule charter after a long period of extensive constitutional and legislative domination. The Projet continues and ex- tends these home rule powers, but it is probable that the constitutional convention will want to evaluate the pro- visions in comparison with the Projet, and these studies have been prepared with a view to that necessity. Article X, Section 3 of the Projet, which will be dis- cussed in Chapter 3, would further extend the scope of this movement. 41 Chapter Three NEW ORLEANS IN THE PROJET AND IN A NEW CONSTITUTION Many of the instances of special treatment found in the present constitution have been considered and provided for on an individual basis in the manner described in the last part of Chapter 1. The most difficult problem of this sort arises from the provisions discussed and analyzed in Chapters 4, 5, and 6. These provisions deal largely with municipal functions which are directly relevant to any con- sideration of municipal home rule for New Orleans. The result of the Institute’s consideration of these interrelated problems is to be found in the first and third paragraphs of Article X, Section 3 of the Projet which provide as follows: The legislature shall provide for the incorporation and government of the cities, towns, and villages of the state by general law only, and it shall not amend, modify, or repeal the charter of any municipality by local or special law, except that a special legislative charter now in effect may be amended, modified, or repealed by special or local law as long as the munici- pality continues to operate under such charter. >< *; k The city of New Orleans is hereby declared to have a home rule charter consisting of Act 159 of 1912 as amended, Act 6 of 1899 E.S. as amended, Act 4 of 1916 as amended, and the following sections of Article XIV of the Constitution of 1921 as amended : Section 23; Section 23.1 (Act 197 of 1938); Section 23.2 (Act 533 1948); Section 24 (Act 182 of 1924, Act 178 of 1924, Act 205 of 1928, and Act 340 of 1936); Sections 24.2 through 24.11 (Act 3 of 1927 E.S.); Sections 24.12 through 24.22 (Act 2 of 1930 E.S.); Section 25 (Act 260 of 1928); Section 26; Section 27 (Act 391 of 1940); Section 28 (Act 154 of 1928 and Act 315 of 1944); Section 31.3 (Act 385 of 1938); and Section 31.4 (Act 541 of 1948). The legislature shall have no power to change the composition, powers, functions, and duties of the Board of Liquidation of the City Debt. :k :: *k These home rule charters may be amended or re- placed by other home rule charters as provided in Article X, Section 2. 43 Vol. 1 e §. New Orleans Studies These provisions are the consequence of three basic purposes: (1) to give New Orleans a home rule charter, (2) to treat New Orleans along with the other munici- palities of the state in so far as possible, and (3) to eliminate from the constitution or to clarify the present bulky and largely incomprehensible provisions of Article XIV which concern only New Orleans. One of the principal purposes of this chapter is to analyze and discuss Projet Article X, Section 3. There are, however, many approaches other than that presented by the Projet. Consequently, a further purpose of this chapter is to explain, discuss, and evaluate several alternative ap- proaches which were considered in the process of arriving at an acceptable provision. In addition, a comparison has been made of the Projet approach and the recent constitu- tional amendment giving New Orleans a degree of home rule.” This new constitutional amendment, passed subse- quent to the final adoption of the Projet provision, has so changed the position of New Orleans in relation to the legislature as possibly to require re-evaluation of the Projet provision by the constitutional convention. Because of the complex character of the constitutional provisions, and to a greater extent because of the belief that the subject matter of these constitutional provisions concerning New Orleans is primarily a matter of concern to the legislature and the people of New Orleans and one which should be largely subject to their control, not a great deal of consideration has been given to changes in the sub- stance of the various constitutional provisions. Conse- Quently, the matters to be considered in this chapter con- cern primarily “approaches” which might have been or may be utilized in dealing with the present constitutional provisions and not substantive changes in the constitutional provisions to be adopted in the new constitution. SUBSTANTIVE QUESTIONS ARISING FROM PRESENT CONSTITUTIONAL PROVISIONS In some approaches questions of substantive change do not arise because the entire matter is committed to the will of the legislature or the people of New Orleans or both. However, under others a part or all of the present pro- * Act 551 of 1950 amending Article XIV, Section 22. 44 tº ſº a Vol. IV In a New Constitution Čºs. 3 visions would be retained as constitutional material, thus bringing into question possible substantive changes to be included in the new constitution. Because of this there follows a brief statement of some of the questions of sub- stance which may bear consideration. Should New Orleans be given general power to issue revenue bonds? Under the present constitutional provisions there is considerable doubt as to whether New Orleans can issue revenue bonds” except to the extent of the special constitutional authorizations,” although other municipalities may issue such bonds under Article XIV, Section 14 (m). A provision giving to New Orleans such a general power might be advisable. Should New Orleans be given general power to issue refunding bonds? There is also question as to whether New Orleans may issue refunding bonds except for the limited purpose of refunding bonds outstanding in Novem- ber of 1916.4 Economy in municipal fiscal administration would seem to warrant granting to all municipalities the power to refund bonds. Should the purposes for which New Orleans may issue bonds be set out? Although the present constitution in general defines the purposes for which municipalities may issue bonds,” it is questionable whether these provisions have application to New Orleans. Perhaps it would be advisable to attempt to set out the purposes for which New Orleans may issue its bonds. Should the debt limit for New Orleans be changed? The constitutional debt limit applicable to all cities of the state except New Orleans sets the issuance of bonds for any one purpose to ten percent of the assessed value of property in the city.” The constitution limits New Orleans, however, to the issuance of bonds for all purposes not in excess of ten percent of the assessed value of property in the city." This great difference perhaps warrants recon- sideration of the New Orleans debt limit. * See the introduction to the analysis of Act 4 of 1916 in the Analysis section of Chapter 4. * See Article XIV, Sections 27, 28, 31.1, 31.3, and 31.4. * See the analysis of Section 6 of Act 4 of 1916 in the Analysis section of Chapter 2. * Article XIV, Section 14. * Article XIV, Section 14 (f). * Article XIV, Section 24 (Act 4 of 1916, Section 13). 45 §. New Orleans Studies Several questions concerning the Board of Liquidation, City Debt, may warrant consideration. As is shown in Chapter 4, the Board of Liquidation is a self-perpetuating board. A majority of its members are not responsible to the people or elected officers of New Orleans. The board administers a large part of the debt of the city and its approval is necessary for the issuance of bonds. Although the board has apparently been very helpful in restoring and maintaining a high credit standing for the city, the question of change in regard to the composition and powers of the board may warrant consideration. Should a change be made in the manner of selecting members so that the people will have greater influence on the board? Should the Board of Liquidation, City Debt, be retained? Should the power of the board to prevent the issuance of bonds be limited or abolished? Should greater restrictions be placed upon the power of the board to fix the terms and conditions of the bonds issued 2 Should the Board of Liquidation, City Debt, or some other officer or group be given the power to administer all of the bonds of the city? At the present time the Board of Liquidation administers the bonds of the city dependent upon property taxation for service while the Public Belt Railroad administers most of the city’s revenue bonds. Would it be advisable to have a single bond-administering agency for the city? Should the property tax limit applicable to New Or- leans be increased or decreased? The present tax limit on New Orleans was established in 1916.8 Since that time several constitutional amendments have been adopted authorizing the levy of additional special taxes not to be included in computing the tax limit.” This fact suggests that perhaps the maximum rate of property taxation in New Orleans warrants reconsideration. Possible Approaches. As was mentioned above, there are many possible approaches which might be taken in dealing with the Article XIV provisions. Several of those considered in the process of arriving at the approach em- ployed in Article X, Section 3 of the Projet warrant con- sideration here. * Act 4 of 1916, Section 15 (Article XIV, Section 24). * Act 260 of 1928 (Article XIV, Section 25) and Act 197 of 1938 (Article XIV, Section 23.1). 46 * * * * Vol. IV In a New Constitution Čºp, 3 One possibilty is to carry over the present constitu- tional provisions. The chief argument for this is that because most of the outstanding bonds of New Orleans have been issued under the terms of the present constitu- tional provisions, any change in them might interfere with the rights of bondholders and thus impair the good credit standing of the city. There are several ways in which the retention of the present constitutional provisions might be accomplished. One would be to adopt the present constitu- tional provisions verbatim. This would operate most advan- tageously to the holders of bonds of New Orleans, and there- fore reflect favorably on the credit of the city. For those who considered that the provisions involve matters which should not be subject to change by either the legislature or people of New Orleans but only by constitutional amend- ment, this approach would have the advantage of retaining all of the present provisions as part of the new state con- stitution changeable on l y by constitutional amendment. However, there are several objections to such a course. In the first place, it would lengthen the new constitution, and not reduce the complexity and obscurity of the present con- stitution. The provisions of the present constitution are very lengthy and detailed. Duplication, the practice of in- corporation by reference, and the continuation of obsolete provisions make this portion of the present constitution difficult to understand. One of the purposes of a new consti- tution should be to eliminate in so far as possible this con- fusion and to state clearly the principles included in the con- stitution. Were this most confused portion of the present constitution carried over into the new constitution, this purpose would by no means have been accomplished. Furthermore, it is questionable whether any or all of the matters concerned in these provisions should be continued in a form subject to change only by constitutional amend- ment. Perhaps it is advisable to allow either the legislature or the people of New Orleans or both to change some or all of the provisions. Besides, the new constitution will probably be more difficult to amend than the present con- stitution; this factor increases in importance when it is observed that a large number of constitutional amendments have apparently been necessary to keep the present con- stitutional provisions up to date. 47 §:...'. New Orleans Studies A second way in which the provisions of the present constitution might be continued in the new constitution would be to incorporate them by reference. The advantages of this would be the same as those of the course discussed above. The arguments against this course are also the Same as those mentioned above. However, there is the further objection that a constitutional provision would in itself state no principles and would serve only the function of referring the matter to a previous constitution which it self incorporates statutory provisions by reference. The confusion caused by the practice of incorporation by reference followed in the present constitution should militate against the pursuit of such a practice in a new constitution. An example of this approach is to be seen in a draft of an Institute advisory committee on New Orleans concerning the Board of Liquidation, City Debt, which was as follows: Board of Liquidation, City Debt, as now organized and created and with all the rights, powers, duties, and functions prescribed by existing laws or the exist- ing Constitution or amendments thereof, shall be con- tinued while any bonds of the City of New Orleans, issued through said Board, and authorized by the exist- ing or any previous Constitution or amendments thereof, or by existing laws of the State of Louisiana, are outstanding and unpaid; and all taxes which may be levied for the payment of said bonds shall, day by day as collected, be paid over to said Board, and shall by it be applied in payment of the principal and interest of said bonds; and said Board shall, with respect to all bonds authorized by any previous laws or constitutional provisions or amendments to constitutional provisions, be entitled to exercise all the rights and enforce the performance of all the obligations, the same as it is authorized to do under the laws or constitutional pro- visions existing at the time of the adoption of this Constitution with respect to any of the presently out- standing bonds of said City of New Orleans; and all vested rights of the present or future holders of said bonds or any of them, are hereby recognized, main- tained and preserved. All funds, property and things of value held by Board of Liquidation, City Debt, for bonded debt purposes, other than taxes now or here- after levied, and particularly all funds, property and things of value, now or hereafter held by said board under Act 133 of the General Assembly of the State of Louisiana for the year 1880 and all amendments 48 tº º Vol. IV In a New Constitution Chap. 3 thereto, shall when released from contract obligations or dedications imposed by law or constitutional pro- visions existing at the time of the adoption of this Constitution, be used and employed in the discretion of said Board in payment and retirement of any bonds of the City of New Orleans then outstanding. All of the provisions of the following Acts of the General Assembly of Louisiana or the Legislature of Louisiana, namely; Act 110 of 1890, Act 6 of the Extra Session of 1899, Act 4 of 1916, Act 3 of the Extra Session of 1927, and Act 197 of 1938, and all amend- ments thereof, which became and are now a part of the existing Constitution of Louisiana, are hereby recognized as being in full force and effect the same as if set forth in full as part of this Constitution, and all the rights, powers, duties and functions of the Board of Liquidation, City Debt, in connection with or respect to the several classes of bonds that may be issued in accordance with said statutes and constitutional provi- sions, are hereby recognized, maintained and preserved. No limitation imposed by other provisions of this Constitution upon the authority of the City of New Orleans shall be held to include, apply to or affect the powers and rights herein confirmed. In case of fire, flood, pestilence, storm or other public calamity, or riot or emergency expenditures for preservation of law and Order, the City of New Orleans shall have power, by a two-thirds vote of all the mem- bers of the Commission Council, or its successor as the governing body of said City, concurred in by a three- fourths vote of all the members of the Board of Liqui- dation, City Debt, to borrow money and issue and negotiate bonds in such sum, not exceeding Five Hun- dred Thousand Dollars ($500,000), as shall be neces- sary in any one such emergency; all such bonds shall be executed and sold as is provided for in Act 4 of the General Assembly of Louisiana for the year 1916. The limitation that the total issue of bonds of the City of New Orleans, as provided in the existing Constitution, shall not exceed ten percentum (10%) of the assessed valuation of the taxable property of the City according to the last completed assessment for City taxation, shall not be applicable to the issuance of said emergency bonds. A third way in which the provisions of the present constitution might be carried into the new constitution would be by restating them in logical form, eliminating the duplicate and obsolete material. The “Restatements” in- cluded in Chapters 4, 5, and 6 are examples of the type 49 Vol. IV & &E. 3 New Orleans Studies of draft which might be used. This approach would have most of the advantages of the two discussed above but would in addition be free of obsolete and duplicatory mate- rial and would constitute a logical statement of the constitu- tional material. The disadvantages of such an approach are the same as those mentioned above except for the objections to incorporation by reference, illogical organi- zation, and continuation of obsolete and duplicate material. Another approach would be to retain in the constitu- tion the most important principles and to relegate the remainder of the subject matter either to the legislature or to a home rule charter of the city or both. This is actually a compromise between retaining the lengthy present provisions and placing the subject matter under the complete control of the legislature or the people of New Orleans under a home rule charter or both. The approach would allow for a limited degree of flexibility yet continue the constitutional status of the basic principles. Examples of this approach somewhat modified are the drafts concern- ing certain of the New Orleans boards submitted by the Institute Subcommittee on Local Government.10 These drafts follow : Board of Liquidation, City Debt The Board of Liquidation, City Debt, of the City of New Orleans is hereby recognized and continued. The said Board of Liquidation, City Debt, shall con- sist of nine (9) members: (1) Six shall be appointive and shall serve during good behavior, subject to removal for cause only by a court of competent juris- diction; and (2) Three members shall be ex officio members consisting of the Mayor and two other mem- bers of the governing body of the City of New Orleans as designated by the said governing body. The appointive or syndicate members of said Board at the time of the effective date of the Constitution shall be continued in office until their death, resignation, or * The drafts, it will be noticed, employ to an extent incorporation by reference. Also, several substantive changes have been made in the present constitutional provisions, among these being (1) that the city has been given general constitutional authority to issue revenue bonds, and (2) that the Board of Liquidation, City Debt, is made the “exclusive public body for the issuance, servicing and payment of all bonded indebtedness and interest thereon incurred by the City of New Orleans of every kind and for every purpose whatsoever and also certificates of indebtedness secured previously by special assess- ment.” 50 * a s tº Vol. IV In a New Constitution &#. 3 removal from office. Any vacancy in the position of an appointive member shall be filled by the concur- rence of three of the remaining appointive members. The ex officio members shall serve for the terms for which they are elected as Mayor or members of the governing body of the City of New Orleans. The Board of Liquidation, City Debt, shall hence- forth be the sole and exclusive public body for the issu- ance, Servicing and payment of all bonded indebtedness and interest thereon incurred by the City of New Or- leans of every kind and for every purpose whatsoever and also certificates of indebtedness secured previously by Special assessment. The said Board shall also be responsible for the selection of the Assessor for the City of New Orleans as provided elsewhere in this Constitution. All of the vested rights of present and future holders of bonds issued by the City of New Orleans, or by the Sewerage and Water Board of the City of New Orleans, through the Board of Liquidation, City Debt, are hereby recognized, maintained and preserved to the extent necessary to satisfy the obligations here- tofore incurred by the City of New Orleans through the Board of Liquidation, City Debt. With respect to the bonds heretofore issued, the Board shall have all powers heretofore vested in it by Article XIV, Sec- tions 24, and 24.1 to 24.22 inclusive, of the Constitu- tion of 1921 as amended. The issuance of any future bonds or other evi- dences of indebtedness secured primarily by a pledge of ad valorem taxes upon taxable property in the City of New Orleans, shall be upon resolution adopted by a vote of two-thirds of all the members of the governing body of the said City and approved by a vote of seven members of the Board of Liquidation, City Debt; provided that no such debt shall be incurred until approved by a majority in number and amount of the property taxpayers, who shall have been as- sessed for property in said City as shown by the last assessment made prior to the submission of the prop- osition to the said property taxpayers who are qualified to vote under the Constitution and laws of this State, voting at an election called by an ordinance adopted by a vote of two-thirds of all the members of the governing body of said City and approved by at least seven members of the Board of Liquidation, City Debt. Such election shall be held in accordance with the general laws of the State governing property tax- payers elections. No indebtedness shall be authorized under this paragraph which, when added to all out- 51 §. New Orleans Studies standing bonds of the City of New Orleans, and bonds authorized but unissued that are secured primarily from ad valorem taxes, shall cause the total amount of such debt, issued and authorized, to exceed ten percentum of the total assessed value of all taxable property in the City of New Orleans. - The City of New Orleans may issue for street paving purposes certificates on its faith and credit pursuant to authority granted in its charter to an amount not to exceed any special assessments which shall be made for such purposes. Such certificates shall be issued by the Board of Liquidation, City Debt, upon authority of a resolution adopted by a two-thirds vote of the governing authority of said City and approved by at least six members of the Board of Liquidation, City Debt. The City of New Orleans may from time to time issue bonds secured solely by the revenues of any publicly owned utility. Such bonds shall be issued upon the authority of a resolution adopted by a two- thirds vote of the governing body of the City of New Orleans and approved by at least seven members of the Board of Liquidation, City Debt, and by the majority of the qualified voters of said City voting at an election held for said purpose. In case of fire, flood, pestilence, storm or other public calamity, or riot or emergency, expenditures for the preservation of law and order, the City of New Orleans may by a two-thirds vote of the govern- ing body of said City concurred in by seven members of the Board of Liquidation, City Debt, borrow money and issue bonds in such sum, not exceeding five hundred thousand dollars ($500,000) as shall be necessary in any such emergency. Sewerage and Water Board The Sewerage and Water Board of the City of New Orleans shall be continued as now constituted and shall exercise the powers vested in the said Board by law or under Article XIV, Section 23 of the Con- stitution of 1921, until such composition and powers are modified by the provisions of a charter adopted by the people of said City in accordance with the Home Rule provisions of this Constitution as set forth in Section 3. Public Belt Railroad Commission The Public Belt Railroad Commission of the City of New Orleans shall be continued as now constituted and shall exercise all of the powers now vested in 52 tº tº Vol. IV In a New Constitution Chap. 3 the said Commission by law or under Article XIV, Sections 26, 27, 28 and 31.3 of the Constitution of 1921 as amended, until such composition and powers are modified by law adopted by the Legislature and approved by a majority of those voting in a general election in the City of New Orleans or by the pro- visions of a charter adopted by the voters of the City of New Orleans in accordance with the Home Rule provisions of this Constitution as set forth in Section 3. The bonds, notes and other evidences of indebt- edness heretofore issued by the City of New Orleans acting through the Public Belt Railroad Commission are hereby recognized as obligations of the said City and Commission to the extent authorized in Article XIV, Sections 26, 27, 28, 31.3 of the Constitution of 1921 amended and no action shall be taken, the effect of which would be to alter the obligations of the contract entered into thereunder. ARTICLE X, SECTION 3 OF THE PROJET Design and Purpose. Article X, Section 3 of the Projet is the approach to this problem suggested by the In- stitute. It gives New Orleans a home rule charter and at the same time eliminates from the constitution many of the lengthy, confusing provisions concerning New Orleans. The effect of the provision is that New Orleans is to have a home rule charter consisting of its special legislative charter,” the statute providing for the composition and powers of the Sewerage and Water Board,” and all of the provisions of Article XIV which deal in detail with municipal functions of New Orleans. It was realized that these various items as a group would not constitute a logical and complete charter, but it was contemplated that they would serve only until a new charter could be adopted under the general provisions of Article X, Section 2. Although the Projet merely makes home rule available to other municipalities (except Baton Rouge), it directs that New Orleans shall have a home rule charter. This mandatory provision was adopted on the belief that home rule for New Orleans was a matter of such importance and urgency as to warrant action by the constitutional conven- tion. Although New Orleans is specifically given home rule, the principles under which its home rule charter is to func- * Act 159 of 1912 as amended. * Act 6 of 1899 E.S. as amended. 53 Vol. IV & §e. 3 New Orleans Studies tion are those provided in Article X for all municipalities. There is one specific exception to this, however: the legis- lature cannot change the composition, powers, functions, and duties of the Board of Liquidation, City Debt, one of the oldest and most highly respected of the city’s govern- mental agencies. But the intended implication of this limita- tion is that even though the legislature cannot make any change in regard to the board, the people of the city can by changing their home rule charter. This is consistent with the attempt of the Projet to give the people of munici- palities wide latitude in providing for their government. The holders of outstanding bonds issued under the pro- visions of the present constitution are protected by a sched- ule provision preserving their rights.” New Orleans Under Article X. As the government of New Orleans is to function under the general provisions of Projet Article X, a review of those principles with par- ticular reference to New Orleans is in order. The home rule charter of New Orleans could be amended or replaced upon proposal by the legislative body of the city or petition of not less than ten percent of the electors and adoption by the electors of the municipality.” The city could under its home rule charter “adopt and enforce local police, sanitary, and similar regulations, . . . levy taxes, and . . . do and perform all other acts pertain- ing to its local affairs, property, and government which are necessary or proper in the legitimate exercise of its corporate powers and municipal functions;” but the legis- lature would have to “fix the maximum rate” and might “limit the source” of taxation by the city.” Subject to such conditions and limitations as the legis- lature might prescribe, New Orleans could incur indebted- ness and issue negotiable bonds when authorized by a majority in number and amount of the property taxpayers qualified to vote.” The legislature could not, however, change the composition, powers, duties, and functions of the Board of Liquidation, City Debt.” Furthermore, it * Article XV, Section 6. ** Article X, Section 2. * Article X, Section 5. ** Ibid. ** Article X, Section 16. * Article X, Section 3. 54 tº ºr ºr º Vol. IV In a New Constitution §. 3 would seem that the provisions of the present constitution placing further conditions upon the authorization of bonds would continue to be effective as self-limitations contained in the city’s home rule charter. Under proper authorization by the legislature, New Orleans could issue certificates of indebtedness” and reve- nue bonds.” Under the Projet the legislature could not amend, modify, or repeal the New Orleans home rule charter by local or special law,” but it might so act by general law.” It might also classify municipalities including New Orleans according to population and enact legislation limited in its effect to any class, but no statute based upon such a clas- sification which is applicable to fewer than five municipal- ities could become operative in New Orleans until approved by a majority of the electors of the city.” Thus, the general principles of Article X of the Projet would give to New Orleans rather broad powers of home rule and would also protect the city from special legislation. Comparison of the Projet Provision and the Recent Constitutional Home Rule Amendment. As was pointed out in Chapter 2, since the adoption of Article X of the Projet, New Orleans has been given a degree of home rule by constitutional amendment.* The provisions of this amendment, outlined in Chapter 2, are quite similar to the provisions of Article X of the Projet. One difference which warrants special mention, however, is the difference in the scope of the home rule powers contemplated. Although both the recent constitutional amendment and the Projet author- ize the city to “do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its cor- porate powers and municipal functions,” the recent amend- ment specifically prohibits exercise of power by the city over any of the officers, boards, or commissions provided * Article X, Section 16. * Article X, Section 21. * Article X, Section 1. * Article X, Sections 1 and 6. * Article X, Section 4. * Act 551 of 1950 amending Section 22 of Article XIV. * The quoted material is taken from the 1950 amendment, but Projet Article X, Section 5 has language of the same effect. 55 §. New Orleans Studies for by the present constitution,” while the Projet specifical- ly extends the scope of the New Orleans home rule charter to include many of these matters.” This broader Scope of the Projet was designed, as was mentioned above, to give the people of New Orleans greater and more direct control of matters largely of only local or municipal concern. CONCLUSION The problem of the relation of New Orleans to the Loui- siana constitution is one having many facets and ramifica- tions. An attempt has been made to bring to light many of the questions involved and to explain the attempt made by the Institute to provide properly for New Orleans in the Projet. Although exhaustive analysis and discussion of all of the many issues which may arise in this field would re- quire time and space far beyond the limitations of this work, it is hoped that sufficient analysis and discussion have been presented to assist a constitutional convention with a solu- tion of this most difficult problem. * “Nothing_contained in this section shall be construed as giving to the City of New Orleans any rights, powers, authority or jurisdic- tion over any constitutional officers, boards and commissions, their deputies, subordinates and employees, or over any State, district and parochial officers, boards, commissions and funds, their deputies, sub- ordinates and employees.” * Article X, Section 3. 56 Chapter Four CONSTITUTIONAL PROVISIONS CONCERNING THE POWER OF NEW ORLEANS TO TAX PROPERTY, BORROW MONEY, AND ISSUE BONDS In Chapter One an attempt was made to describe the many special provisions of the present constitution which give special treatment to New Orleans. Greater attention, however, should be given to those portions of Article XIV which deal exclusively with the power of New Orleans to tax and borrow money, and related matters. These provi- sions, which deal primarily with municipal functions, are extensive in content and broad in scope. They have been added to the constitution largely by amendments adopted since 1921. These provisions, which constitute Sections 23, 23.1, 23.2, 24, 24.2–24.22, 25, 26, 27, 28, 31.1, 31.3, and 31.4 and cover approximately forty-three pages of the 1948 edition of the constitution published by the secretary of state, furnish the subject matter which will be considered in this and the following two chapters." Thorough examination has been made of these provi- sions in an attempt to clarify the almost incomprehensible manner in which they appear in the constitution. This dif- ficulty of understanding is caused by several factors. Most of the provisions were added by amendment in a piece-meal fashion so that there is little over-all organization of this portion of the document. The situation is further compli- cated through the incorporation by reference of amend- ments to previous constitutions, statutes enacted by the legislature, and even municipal ordinances. An additional difficulty is caused by the fact that much of the material, both in the text of the constitution and in the incorporated matter, is obsolete or superseded, and that there is consid- erable duplication of material, particularly in regard to the details of bond issues. All of these factors lend to the con- fusion of this portion of the constitution. * Present constitution, Article X, Section 10 (in part) and Ar- ticle XII, Section 16 are also considered because they are relevant though not of basic importance. 57 §.", New Orleans Studies This chapter deals with the constitutional power of New Orleans to borrow money, tax property, and issue bonds; thus, Sections 23, 23.1, 23.2, 24, and 24.2–24.22, and 25 (and Article X, Section 10 and Article XII, Section 16) are here considered. Chapter 5 concerns the organization, powers, and duties of the Sewerage and Water Board and involves principally Section 23. Chapter 6 deals with the provisions authorizing the issuance of revenue bonds for particular purposes and related matters; the sections con- sidered are Sections 26, 27, 28, 31.1, 31.3, and 31.4. A consistent general pattern of approach is employed in all of these chapters. With regard to each subject there appears first a statement of the history and content of the constitutional provisions involved. Then follows a “Restate- ment” in which an attempt has been made to eliminate obsolete and duplicate material from the constitutional pro- visions and to rearrange the remaining material logically without change in meaning. An understanding of the con- tent of the constitutional provisions on the subjects con- cerned may be secured by studying these two parts of each chapter. The third part of each chapter is an “Analysis” wherein an attempt is made to analyze in detail the various constitutional provisions under consideration, including those incorporated by reference. In this analysis an attempt has been made to integrate the various constitutional pro- visions and to point out the material which has become obsolete and that which is duplicated or superseded. The “Analysis” is included in each chapter primarily for pur- poses of reference in connection with particular provisions and problems. A. HISTORY AND CONSTITUTIONAL PROVISIONS Municipalities of Louisiana, except New Orleans, de- rive their borrowing and taxing powers from general pro- visions contained in Article XIV of the constitution. Spe- cial consideration is given in this article to the manner and extent to which New Orleans may exercise these powers. In order to understand these special provisions it is necessary to study their history and to compare them with the general provisions governing municipalities. For this discussion these special provisions are divided accord- ing to the subject matter into four classes: (1) the power of New Orleans to issue bonds and the administration of 58 Power to Taa; and Borrow Vol. IV e O tº History Chap. 4 its bonded debt; (2) the power of New Orleans to issue public improvement certificates; (3) the power of New Orleans to tax property, and (4) the power of New Orleans to anticipate the collection of its taxes. THE POWER OF NEW ORLEANS TO ISSUE BONDS AND THE ADMINISTRATION OF ITS BONDED DEBT History.” New Orleans was brought to the verge of bankruptcy during the 1870’s by the maturing of debts re- sulting from excessive purchases of railroad stock prior to the Civil War and by fiscal maladministration and decreas- ing property values during the Civil War and Reconstruc- tion period. A constitutional amendment in 1874° prohib- ited the city of New Orleans from increasing its bonded debt. From this date until 1916, the city was given no gen- eral power to issue bonds of its own accord, although other municipalities were given such power.” Instead, each par- ticular bond issue was authorized by legislative act or con- stitutional amendment, principally by constitutional amend- ment. During the seventies several attempts were made to consolidate and refund the high interest-bearing debt. Only one attempt—the “Premium Bond Plan,” which was based upon a lottery—proved successful to any extent. In 1880 the legislature created the “Board of Liquidation, City Debt” and turned over to this group the consolidation and refunding of the debt of the city. The board, consisting of six “syndicate” members who were appointed for life and authorized to fill vacancies in their number and three mem- bers of the city administration proper serving ex officio, was successful in the pursuit of its duties and was finally able to re-establish the credit of the city through the is- suance of the “Constitutional Bonds” in 1890. These bonds were authorized by an amendment to the Constitution of 1879." The amendment authorized a $10,000,000 bond issue * For a more detailed account of the development of the power of New Orleans to issue bonds, see Chapters 2 and 3 of the mono- graph, Municipal Bond Issuance and Administration by the City of New Orleans (included as Appendix II of this Part) upon which this account is based. * Act 22 of 1874, amending the Constitution of 1868 by adding Article 163. “Municipal corporations and other local subdivisions, except New Orleans, were given authority by the Constitutions of 1898 and 1913 [Articles 281 and 281 (Section 1), respectively] to issue bonds on their own initiative by securing approval of the local taxpayers. * Act 110 of 1890. 59 Vol. HV & &ºis. 4 New Orleans Studies to be used by the Board of Liquidation to consolidate and refund the debt of the city. In order to guarantee the pay- ment of interest and principal of these bonds a special one percent ad valorem property tax was authorized. This tax was to be levied until 1942. The proceeds of this tax were to be paid over day by day as collected to the Board of Liquidation for use in fulfilling the bonded debt obligations. If the city did not levy and collect the tax in any year, the board was authorized to do so and to use the tax collecting agency of the state for this purpose. Since the adoption of this amendment in 1890, all of the major legislation con- cerning the power of New Orleans to borrow money and issue its bonds has been enacted as constitutional amend- ments, probably due in large part to the necessity of estab- lishing further dedications of the proceeds of the constitu- tionally established one percent debt tax. In 1899 the city was authorized by constitutional amendment (proposed by Act 6 of 1899 E.S.) to issue $12,- 000,000 of “Public Improvement Bonds” for construction and extension of the sewerage, water, and drainage system. For the payment of interest on these bonds there was dedi- cated a part of the proceeds of the special one percent debt tax remaining after meeting the obligations of the Consti- tutional Bonds and the proceeds of another two mill special ad valorem property tax (the “sewer and water” tax) authorized by the amendment to be levied until 1942. The principal was to be paid through the levy of the one percent debt tax from 1942 until paid (1950). As in the case of the Constitutional Bonds, the preparation and sale of the bonds and the administration of the special tax funds were placed in the hands of the Board of Liquidation. The proceeds from this bond issue proved insufficient to complete the planned system; consequently, as the pro- ceeds of the one percent debt tax and the two mill sewer and water tax increased because of increasing assessment values, constitutional amendments in 1906 and 1908 author- ized the issuance of the “New Public Improvement Bonds” based on the surplus of these two taxes.” The proceeds from the sale of these bonds were used for completing the system. The issuance and administration of these bonds was also placed under the Board of Liquidation. * Acts 19 of 1906 and 116 of 1908. 60 Power to Taac and Borrow Vol. IV History chap. A No further dedications of the proceeds of the special debt taxes were made until 1916. The administration of several small bond issues was, however, placed in the hands of the Board of Liquidation during this interval.” In 1916 a constitutional amendment proposed by Act 4 of 1916 returned to the city the power to issue bonds on its own initiative. Under this amendment the city might issue bonds for general municipal purposes upon approval by a majority of the elector-property taxpayers of the city. Coupled with this return of power to the city was the establishment of the Board of Liquidation, City Debt as a permanent part of the government of the city. The city could issue bonds under this amendment only with approval by a three-fourths vote of the members of the Board of Liquidation. Furthermore, the board was placed in control of the issuance and administration of bonds authorized by the amendment. To provide for the payment of interest and principal of these bonds a part of the proceeds of the two special debt tax levies was dedicated during the term of the levy of the taxes. Additionally, however, the city, and in default of the city the Board of Liquidation, was authorized to levy an additional tax sufficient to meet the obligations of the bonds issued under the amendment. The city (or the board) was authorized to levy such a tax each year after the expira- tion of the authorizations for the levy of the special debt taxes. When the Constitution of 1921 was drafted, the provi- sions of Act 110 of 1890 and the 1916 amendment were in- corporated by a reference made in the first paragraph of Section 24 of Article XIV; consequently, they form the basic law upon this subject today. In 1927 an amendment to the Constitution of 1921 changed certain particulars of Act 4 of 1916 regarding the issuance of bonds for sewerage, water, and drainage purposes. By this amendment (proposed by Act 3 of 1927 E. S., adding Sections 24.2-24.11 to Article XIV) approval by a three-fourths vote of the members of the Sewerage and Water Board in addition to approval by the property taxpayers and the Board of Liquidation is required for the * See Appendix II. 61 §.", New Orleans Studies issuance of bonds for sewerage, water, and drainage pur- poses. New Orleans now exercises the power to borrow money primarily under the 1916 and 1927 amendments. Several issues of bonds have been floated under each amend- ment and most of these bonds are still outstanding.8 PRESENT CONSTITUTIONAL PROVISIONS AND HOW THEY DIFFER FROM THOSE GOVERNING MUNICIPALITIES IN GENERAL Authorization of Issuance. Under special constitu- tional provisions New Orleans may secure authorization for the issuance of bonds for general purposes by securing approval of the purpose and amount by a majority in num- ber and amount of the elector-property taxpayers voting at a special election called by an ordinance approved by two- thirds of the Commission Council and three-fourths of the Board of Liquidation, City Debt.” When the purpose is work on the sewerage, water, and drainage system, the proposi- tion must be approved by three-fourths of the Sewerage and Water Board also.19 For the purpose of meeting an emer- gency the city may issue up to $500,000 in bonds without the necessity of securing taxpayer approval; upon a two-thirds vote of the council and a three-fourths vote of the Board of Liquidation.” There is special authority to issue refunding bonds as to bonds of the city outstanding in 1916, and this power may be exercised at the discretion of the Board of Liquidation, City Debt.” As to other municipalities of the state, all that is re- Quired by the constitution in this regard is that the bond issues be approved by a majority in number and amount of the elector-property taxpayers voting at a special elec- tion on the question.” Refunding bonds may be issued at * For information on these bond issues see Exhibits I, II, and III at the end of Appendix II. * Act 4 of 1916, sec. 4 (Article XIV, Section 24); see Restate- ment, Section 1 (a). * Act 3 of 1927 E. S., sec. 2 (Article XIV, Section 24.3); see Restatement, Section 1 (b). * Act 2 of 1930 E. S., sec. 11 (Article XIV, Section 24.20); see Restatement, Section 1 (c). * Act 4 of 1916, sec. 6 (Article XIV, Section 24); see Restate- ment, Section 1 (d). * Article XIV, Section 14 (a). 62 Power to Taac and Borrow Vol. IV g O * , History Chap. 4 any time for bonds outstanding without the necessity of taxpayer approval.” Bonded Debt Limits. There are two special constitu- tional limits on the bonded debt of New Orleans. Bonds issued for sewerage, water, and drainage purposes may not exceed five percent of the assessed value of property in the city.” The total issue of bonds by New Orleans (with cer- tain types of bonds excepted) may not exceed ten percent of the assessed value of the property in the city.” Concerning the other cities of the state, the bonded debt for any one purpose (with certain stipulated excep- tions) may not exceed ten percent of the assessed value of property in the city.” It is obvious that the debt limit pro- visions regarding other municipalities of the state are much more liberal than those restricting New Orleans. Terms of the Bonds. Bonds issued by New Orleans under the special constitutional authority may not exceed a term of fifty years and must be in serial form, payable in substantially equal annual installments beginning not more than two years from their date of issue. Within the limits of these particulars, the Board of Liquidation is empowered to fix the terms of the bonds.18 Bonds issued by other municipalities may not exceed forty years in term, bear greater interest than six percent, or be sold at less than par; the bonds must be due and pay- able in annual installments commencing not later than three years from their date.” The proper municipal authority fixes the terms of the bonds within these limitations. Provisions for Payment of Interest and Principal. New Orleans is authorized to levy a special ad valorem property tax each year sufficient to meet obligations arising under the bonds.” If the council does not levy such a tax, the Board of Liquidation, City Debt, is authorized to do so * Article XIV, Section 14 (g). * Act 3 of 1927 E. S., sec. 2 (Article XIV, Section 24.3); see Restatement, Section 2 (b). * For limitations and exceptions, see Act 4 of 1916, sec. 13 (Article XIV, Section 24). See also Restatement, Section 2 (a). * Article XIV, Section 14 (f). * Act 4 of 1916, sec. 10 (Article XIV, Section 24) and Act 3 of 1927 E. S., sec. 6 (Article XIV, Section 24.7); see Restatement, Section 3. * Article XIV, Section 14 (h). * Act 4 of 1916, sec. 7 (Article XIV, Section 24) and Act 3 of ś #, S., sec. 4 (Article XIV, Section 24.5); see Restatement, €CUlOIl 4, 63 Vol. IV © ë. 4. New Orleans Studies and to use the collection facilities of the state for collect- ing it.” The other municipalities of the state are authorized and required to levy in each year a special ad valorem tax in excess of all others sufficient to meet the interest and principal requirements of each year.” If a municipality does not levy such a tax “any person in interest” may force its imposition and collection through the proper court.” Further, the legislature may authorize the taxing officer of the state to impose and collect such tax.” Issuance and Administration of the Bomds. The special constitutional provisions concerning New Orleans place extensive control of the bonded debt of the city (not including the bonds issued for purposes connected with the Public Belt Railroad) in the hands of the Board of Liquida- tion, City Debt.” The organization of the board has re- mained unchanged since its original establishment in 1880. It consists of nine members; six of these are the “syndicate” members who serve for life and fill vacancies in their own number; the remaining three are the mayor and two other officers of the city government, serving ex officio.2% Aside from the powers mentioned above in connection with the authorization of the issuance of bonds, the board is charged with arranging the terms of the bonds, their preparation and sale, and the payment of interest and principal on the bonds.” The proceeds of the special tax levied to provide for the obligations of the city must be turned over to the board day by day as collected for use in making the neces- sary payments,” and if the city does not levy and collect this tax the board may do so. No constitutional provision is made delegating the powers of bond issuance and administration of other munic- * Act 4 of 1916, sec. 14 (Article XIV, Section 24) and Act 3 of 1927 E. S., sec. 9 (Article XIV, Section 24.9); see Restatement, Section 4. ** Article XIV, Section 14 (a). * Article XIV, Section 14 (i). * Article XIV, Section 14 (j). * See Act 4 of 1916 (Article XIV, Section 24) and Act 3 of 1927 E.S. (Article XIV, Section 24.2–24.11) passim.; see also Restate- ment, Section 6. * Act 4 of 1916, sec. 14 (Article XIV, Section 24), and Act 3 of 1927 E. S., sec. 9 (Article XIV, Section 24.10) adopting, in effect, Act 133 of 1880, sec. 1; see Restatement, Section 6. * See note 25 above. * Act 4 of 1916, sec. 14 (Article XIV, Section 24), and Act 3 of 1927, E. S., sec. 9 (Article XIV, Section 24.10). 64 Power to Taac and Borrow º Vol. IV History Chap. 4 ipalities. Generally, the various duties are performed by the appropriate department of municipal government under the supervision of the governing body of the city. THE POWER OF NEW ORLEANS TO ISSUE PUBLIC IMPROVEMENT CERTIFICATES History. From time to time throughout its early his- tory the city of New Orleans was authorized to issue certifi- cates of indebtedness to capitalize the portion of paving costs assessed against adjoining property owners. At the time of the adoption of the 1916 amendment, the city issued such certificates under the authority of its charter.” Act 4 of 1916, a thorough-going statement of the power of New Orleans to tax and to borrow money, included in Section 12 certain limitations on the power of the city to issue pav- ing certificates. After this provision was brought into the Constitution of 1921 (Article XIV, Section 24), several amendments were added to the constitutional section in Order to change the provisions of the 1916 amendment.” These amendments, which constitute additions to Article XIV, Section 24, today form the constitutional law on this subject. Present constitutional provisions and how they differ from those governing municipalities in general.” For street paving purposes, street widening and straightening, light- ing and tree planting, New Orleans, pursuant to legislative authority, may issue certificates on its faith and credit. These certificates are primarily chargeable against the Special assessments with respect to which they are issued and secondarily against other revenues of the city. Such certificates may not be issued in excess of the special assessment made for the purpose and may not exceed $15,000,000 in total amount outstanding at any one time, provided, however, that they may be issued at such amount in excess of $15,000,000 as may be fixed by two-thirds vote of all the members of the governing body of the city. * Act 159 of 1912, Article 47 as amended by Act 23 of 1914, and other statutes. * Amendments added to Article XIV, Section 24, by Acts 178 of 1924, 205 of 1928, and 340 of 1936. * This statement involves a number of questions which arise in interpreting the three amendments on this subject found in Article XIV, Section 24. Here the interpretation is based upon the conclu- sions reached in the Analysis and given effect in Section 8 of the Restatement. 65 §.", New Orleans Studies There are no provisions in the constitution concerning the issuance of special assessment certificates by munici- palities other than New Orleans. The matter is left entirely to the legislature. THE POWER OF NEW ORLEANS TO TAX PROPERTY History. Not only did Act 4 of 1916 establish the basis of New Orleans’ power to borrow money as it pres- ently exists, but it also provided the limitations of the power of New Orleans to tax property. Section 15 of the act established a limit on taxation for all municipal pur- poses. Largely because of this provision, other special constitutional tax authorizations have been enacted to sup- plement the taxing authority of the city. Thus, when the 1916 amendment was incorporated into the Constitution of 1921 by the constitutional convention, it was accom- panied by other special constitutional authorizations. Also, since the adoption of the Constitution of 1921, several additional special tax authorizations have been provided by constitutional amendments. All of these authorizations will be outlined below. Present constitutional provisions and how they differ from those governing municipalities in general. Section 15 of Act 4 of 1916 (Article XIV, Section 24 of the Consti- tution of 1921) established for New Orleans a six and one- half mill ad valorem property tax limit for all municipal purposes except for bonded debt service. In addition, the constitution authorized the city to levy the following special ad valorem property taxes: Constitutional Millage Citation Purpose 3 XIV, 25 (as amended by Police and fire (maximum) Act 260 of 1928) protection 2 XIV, 23.1 (added by Act Sewerage, water, and 197 of 1938) drainage construction and extension purposes XIV, 23.2 (added by Act Sewerage, water, and (maximum) 533 of 1948) drainage, construction and extension purposes 1/5 X, 10 Establishing and main- (maximum) taining a zoological garden 66 Power to T'aa, and Borrow e Vol. IV History Chap. 4 The provisions of Act 4 of 1916 do not include taxes levied for debt and school purposes. Consequently, the fol- lowing constitutional tax authorizations are not included in the computation: Constitutional Millage Citation Purpose Variable ac- XIV, 24 (Act 4 of 1916, Bonded debt cording to sec. 7); 24.5 (Act 3 of requirements need (no 1927 E.S., sec. 4); and maximum) 24.16 (Act 2 of 1930 E.S., sec. 5) 10 XII, 16 (as amended by Public school (maximum) Act 537 of 1948) maintenance, etc. Same Same but approval of (maximum) property taxpayers required As to municipalities generally, the following constitu- tional provisions define their power to tax property.” Municipalities may exercise the power of taxation for public purposes under authority granted by the legislature subject to constitutional limitations.” They may levy for all purposes a tax not exceeding twelve mills except when the municipality is exempt from the parish tax or main- tains its own public schools, in which case a fifteen mill tax may be levied.* This general provision is further subject to the broad exception “except as otherwise provided in this Constitution.” This exception seems to include the following list of special constitutional authorizations: 1. Article X, Section 10: For constructing, improv- ing, or maintaining works of permanent public improve- ment, the title to which is in the public, a municipality may levy a special tax not to exceed five mills for any one purpose or twenty-five mills for all purposes. 2. Article XIV, Sections 14 (a) and 31.2: A special tax may be levied to meet principal and interest payments on municipal bonds. 3. Article XIV, Section 11: For the purchase and improvement of fair grounds and for premium awards for fairs, the legislature may authorize the levy of a special * Some of these authorizations might be construed to apply to New Orleans; however, no taxes have been levied by the city under these authorizations. * Article X, Section 5. * Article XIV, Section 12 as amended by Act 559 of 1950. 67 Vol. IV O §e. 4 New Orleans Studies tax not to exceed one mill and to run for not more than ten years. 4. Article XIV, Section 19: For giving aid to railway enterprises, water transportation lines, waterworks, elec- tric light and power plants, and motor bus lines for carry- ing passengers, the legislature may authorize a city, with taxpayer approval, to levy a tax not to exceed five mills per annum for ten years. 5. Article XIV, Section 12: For providing sufficient revenues to provide for a three-platoon police system, cities having a population of 75,000 or more may levy a special tax not exceeding one mill. 6. Article XIV, Section 12: For maintaining a munici- pal employees’ pension and relief fund, cities having a popu- lation of 13,000 and not more than 20,000 may, with tax- payer consent, levy a special tax not exceeding one mill. (Amended by Act 537 of 1952.) THE POWER OF NEW ORLEANS TO ANTICIPATE THE COLLECTION OF ITS TAXES History. The amendment of 1916 also dealt with the power of New Orleans to borrow money in anticipation of the collection of its taxes. By Section 12 the city was authorized to issue tax anticipation notes, which were pay- able only out of the then uncollected taxes. This provision was brought into the Constitution of 1921 by the reference made to Act 4 of 1916 in Article XIV, Section 24. An amend- ment to Section 24 of Article XIV, proposed by Act 340 of 1936, supplemented the provisions of the 1916 amendment in regard to the issuance of tax anticipation notes. In addi- tion, it provided for the issuance of negotiable tax antici- pation certificates or warrants which were acceptable in payment of the taxes in anticipation of which they were issued. Present constitutional provisions and how they differ from those governing municipalities in general. New Or- leans may, in any calendar year in anticipation of the col- lection of the taxes of such year and for any of the pur- poses for which such taxes are levied, borrow the sums necessary, but not in excess of the uncollected taxes of the year, and issue its notes or other evidences of indebtedness therefor.” These obligations are payable only out of the * Article XIV, Section 24 (as amended by Act 340 of 1936); see Restatement, Section 8 (a). 68 Power to Taac and Borrow Vol. IV Ols Restatement Chap. 4 taxes in anticipation of the collection of which they are issued. Money may be borrowed in this manner only to pay for current municipal expenses. No money may be borrowed in this manner to pay for works of public improvement. New Orleans may, in anticipation of the collection of license, franchise, and real and personal property taxes (excluding the Police and Fire Department tax) of any calendar year and for any of the purposes for which such taxes are levied, issue negotiable tax anticipation certificates or warrants in an amount not in excess of the uncollected designated taxes.” These are issued under terms established by the governing body of the city and may be negotiated at a discount not greater than two percent. Such certificates or warrants are receivable in payment of the designated tax for the year anticipated. If the city has issued the tax anticipation notes described above to cover designated taxes, it cannot issue these certificates or warrants unless (1) they are issued in anticipation of the collection of desig- nated taxes (for the calendar year in question) other than the designated taxes which have been pledged to secure the tax anticipation notes or (2) they are countersigned by a trustee designated by the holders of the majority in amount of the tax anticipation notes and unless the full amount of the city's portion of the proceeds of the sale of such certificates is paid directly to the trustee for immediate application to the retirement of the tax anticipation notes. There are no constitutional provisions concerning the power of other municipalities to anticipate the collection of their taxes. B. RESTATEMENT Introductory note: The following material is designed to present in logical form the law of the present constitution on the power of New Orleans to tax property, borrow money, and issue bonds (except revenue bonds). It is not intended as a proposed draft of a constitutional provision on these subjects; rather, it is intended to state in logical form the provisions of the present constitution on these topics in accordance with the conclusions reached in the “Analysis” which follows. All obsolete material has been deleted and duplication has been eliminated wherever pos- * Article XIV, Section 24 (as amended by Act 340 of 1936); see Restatement, Section 8 (b). 69 Vol. IV º §º. 4 New Orleans Studies sible. In certain instances authorizations have been merged in order to eliminate needless repetition of detail. Also, certain provisions have not been included because it is assumed that they would be covered by a schedule provision such as Article XV, Section 6 of the Projet protecting out- standing debts. Wherever a question of interpretation is involved, the issue has been stated in a footnote. In so far as possible, the language of the present constitution has been used. Following this restatement there are con- cordance tables showing the sources of the various provi- sions of the restatement and the disposition in the restate- ment of the material of the present constitution. The pattern of organization followed in this restate- ment may be outlined as follows: I. Issuance of bonds and incurrence of indebtedness Section 1. Power of the city of New Orleans to issue bonds (a) For general municipal purposes (b) For sewerage, water, and drainage purposes (c) For emergency purposes (d) For refunding purposes (e) General provisions Section 2. Bonded debt limitations (a) For all municipal purposes (b) For sewerage, water and drainage purposes Section 3. Terms of and procedure for issuing bonds Section 4. Payment of interest and principal of bonds Section 5. Administration of sewerage, water, and drainage funds Section 6. The Board of Liquidation, City Debt II. Payment of current expenses by the city of New Or- leans Section 7. Limitations on the appropriation of munici- pal funds Section 8. Power to borrow money for current pur- poSeS (a) Tax anticipation notes - (b) Tax anticipation certificates or warrants (c) Public improvement special assessment certifi- cates 70 Power to Taa, and Borrow Vol. IV Restatement cºe. 4. III. General municipal and special taxes Section 9. General alimony tax for the city of New Orleans Section 10. Sewerage, water, and drainage construc- tion taxes Section 11. Fire and Police Department tax Section 12. Zoological garden tax IV. The Orleans Parish School Board Section 13. Power of Orleans Parish School Board to levy taxes and incur indebtedness Section 14. Power of Orleans Parish School Board to borrow in anticipation of the collection of taxes V. General provisions Section 15. Restraints on other boards established under the authority of the governing body of the city of New Orleans Section 16. No limitations in the constitution to apply to or affect the powers herein granted Section 17. These provisions self-operative I ISSUANCE OF BONDS AND INCURRING OF INDEBTEDNISS SECTION 1. Power of the city of New Orleans to issue bonds. (a). General municipal purposes. The city of New Orleans may issue and negotiate bonds for gen- eral municipal purposes when authorized by a vote of a majority in number and amount of the property tax- payers, who shall have been assessed for property in said city as shown by the last assessment made prior to the submission of the proposition and who are otherwise qualified to vote under the constitution and laws of this state, voting at an election called by an ordinance adopted by a vote of two-thirds of all the members of the governing body of the city, which ordinance, before such election is ordered, shall also be adopted by a vote of three-fourths of all the mem- bers of the Board of Liquidation, City Debt. The elec- 71 §.", New Orleans Studies tion shall be called, held and conducted in such manner as the ordinance shall prescribe; provided, however, that due notice of the election shall be published for thirty days in the official journal of the city (four weekly insertions of the notice constituting a publica- tion for thirty days, provided thirty days intervene between the date of the first insertion and the date of the election). No bonds shall be issued under this provision for any other purpose or for any greater amount than that stated in the submission of the proposition to the taxpayers. (b). Sewerage, water, and drainage purposes. At the request of the Sewerage and Water Board made by resolution adopted by a vote of three-fourths of all the members of said board, the city of New Orleans may issue and negotiate bonds for sewerage, water, and drainage construction and extension pur- poses when authorized in the same manner and under the same conditions as is provided for the issuance of bonds in (a) above. (c). Emergency purposes. In case of fire, flood, pestilence, storm, or other public calamity, or riot or emergency expenditures for preservation of law and order, the city of New Orleans shall have the power, by a two-thirds vote of all the members of the govern- ing body of the city, concurred in by a three-fourths vote of all the members of the Board of Liquidation, City Debt, to borrow money and issue and negotiate bonds in such sum, not exceeding five hundred thou- Sand dollars, as shall be necessary in any one such emergency. (d). Refunding purposes. For the purpose of refunding all or any part of the bonded indebtedness of the city of New Orleans existing on November 7, 1916,” bonds of the city may from time to time be issued and negotiated. When any of the issues of the bonds of the city outstanding at that time shall be- come callable according to their terms or the statutes under which they are respectively issued, or when 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 * This is the date of the adoption of Act 4 of 1916. The authoriza- tion in that act is effective as to the bonds outstanding “at the time of the adoption of this amendment.” See Analysis discussion of Sec- tion 6 of this act. 72 Power to Taac and Borrow Restatement §." the consent of all the holders of any such issue of 56 bonds can be secured, the Board of Liquidation, City 57 Debt, shall have the right in its discretion to call and 58 pay any one or more of said issues of bonds, and shall 59 be authorized by resolution duly adopted to issue and 60 negotiate bonds to provide the funds necessary for 61 that purpose; provided, however, that in no event shall 62 the par value of the bonds so sold and negotiated 63 exceed the par value of the bonded indebtedness 64 thereby to be refunded. 65 (e). General provisions. All of the bonds issued 66 under this section shall be exempt from all taxation 67 for state, parish, municipal or other local purposes. 68 Savings banks, tutors of minors, curators of inter- 69 dicts, trustees and other fiduciaries may invest the 70 funds in their hands in said bonds. Said bonds may 71 be used for deposit with any officer, board, municipal- 72 ity, or other political subdivision of the state of Lou- 73 isiana in any case where, by present or future laws, 74 deposit of security is required. Said bonds may be 75 registered and released from registry under such rules 76 as the Board of Liquidation, City Debt, may prescribe. 77 SECTION 2. Debt limitations. l (a). All municipal purposes. The total issue of 2 bonds by the city of New Orleans for all purposes 3 shall never exceed ten per centum of the assessed 4 valuation of the property in the city according to the 5 last completed assessment for city taxation; provided, 6 however, that (1) in the computing of this limitation 7 no bonds authorized and issued for Public Belt Rail- 8 road purposes or for the acquisition or construction 9 of any revenue producing public utility,” or certifi- 10 cates of indebtedness primarily chargeable against 11 special assessments for street paving, street widen- 12 * In Section 13 of Act 4 of 1916 this provision included also “Bonds which may hereafter be issued for water supply.” But, Sec- tion 2 of Act 3 of 1927 E.S. (Article XIV, Section 24.3) seems to have eliminated this exclusion in providing that bonds issued for “sewerage, water, and drainage purposes” are to be included in computing the ten percent debt limit. 73 Vol. IV Chap. 4 New Orleans Studies ing, tree planting, and other such purposes,” [au- 13 thorized by Section 8 (c)] shall be considered;40 and 14 that (2) emergency bonds authorized by Section 1 15 may be issued even though said limitation shall have 16 been reached. 17 (b). Sewerage, water, and drainage purposes. 18 The total issue of bonds by the city of New Orleans 19 for sewerage, water, and drainage construction and 20 extension purposes shall never exceed five per centum 21 of the assessed valuation of property in said city ac- 22 cording to the last completed assessment for city tax- 23 ation. 24 SECTION 3. Terms of and procedure for issuing bonds. 1 All bonds issued under the provisions of Section 1 2 shall bear such rate of interest or, from time to time, 3 different rates of interest, and shall, except as herein 4 otherwise specially provided, be in such form, terms 5 and denominations, and payable at such times and 6 places within a period not exceeding fifty years from 7 the date thereof, as the Board of Liquidation, City 8 Debt, shall determine. The bonds shall be issued in 9 serial form and shall be payable in annual install- 10 ments commencing not more than two years from 11 ** Under the present provision (Section 13, Act 4 of 1916) only certificates issued for “street paving” purposes are mentioned. How- ever, since the certificates issued for the other purposes mentioned are of the same character and arise out of a later amendment of the authorization of certificates for street paving purposes, it seems likely that these certificates would also be considered as not to be included in the computation; consequently, they have been included here. See Analysis discussion on Section 24 of Article XIV of the constitution. * Section 13 of Act 4 of 1916, which provides for this limitation, contains a further exclusion: “the bonds issued for water, sewerage, and drainage purposes (namely, the $12,000,000 Public Improvement Bonds issued under said Act 6 of 1899 and the $8,000,000 New Public Improvement Bonds issued under Act 19 of the General Assembly of the state of Louisiana for the year 1906, and acts amendatory thereof and supplemental thereto, as well as such bonds, hereby or hereafter authorized, into which the aforesaid bonds or any part thereof may be refunded).” This exclusion was deleted because both of the issues named have been retired and because all subsequent bonds issued for sewerage, water, and drainage purposes have been and must be issued under Act 3 of 1927 E. S., which specifically pro- vides that bonds issued thereunder are to be included in computing the general debt limitation [Section 2 (Article XIV, Section 24.3) I established by Section 13 of Act 4 of 1916. Thus, it would seem that for all practical purposes, this exclusion is no longer applicable; therefore, it was not included in the Restatement. See Analysis dis- cussion of Section 2 of Act 3 of 1927 E. S. (Article XIV, Section 24.3). 74 Power to Taac and Borrow Restatement 3.", their respective dates. The installments payable in 12 each year shall be so fixed that when the annual in- 13 terest is added thereto, the several annual total 14 amounts of principal and interest to be paid shall 15 be as nearly equal as practicable; provided said in- 16 stallments may be fixed at five thousand dollars or 17 the nearest multiple thereof, and provided that the 18 last installment may, at the option of the Board of 19 Liquidation, City Debt, be any amount less than the 20 next preceding installment.** The bonds shall be 21 signed by the mayor and commissioner of finance 22 of the city of New Orleans or persons exercising simi- 23 lar functions, and countersigned by the president or 24 vice-president and the secretary or assistant secre- 25 tary of the Board of Liquidation, City Debt, and the 26 coupons attached to said bonds shall bear the facsim- 27 ile signatures of said commissioner of finance and 28 Said Secretary or assistant secretary. In case any 29 such officer whose signature or countersignature ap- 30 pears upon Such a bond or coupon shall cease to be 31 such officer before delivery of said bond or coupon 32 to the purchaser, such signature or countersignature 33 shall, nevertheless, be valid for all purposes. 34 All of the bonds issued under the provisions of 35 Section 1 shall be sold by the Board of Liquidation, 36 City Debt, to the highest bidder or bidders on Sealed 37 proposals, after due advertisement of not less than 38 five insertions in the official journal of the city of 39 New Orleans (the first insertion to be at least fifteen 40 days prior to the date of sale), and such other ad- 41 vertisements in said city or elsewhere, as said Board 42 of Liquidation, City Debt, may in its discretion di- 43 rect, provided said Board of Liquidation, City Debt 44 45 may reject any and all bids. ** The material of this section is that found in the various amend- ments of the present constitution which contain the bond authoriza- tions (Act 4 of 1916, Act 2 of 1930 E. S., and Act 3 of 1927 E. S.). The only variation of the procedure of Act 3 of 1927 E. S. from that of Act 4 of 1916 is the addition of the somewhat minor power to set the amount of the last installment at an amount less than the last preceding payment, which is in the Restatement extended to the pro- cedure to be employed in the issuance of all bonds authorized. It would seem that even under Act 4 of 1916 and Act 2 of 1930 E. S. this power would necessarily be implied. 75 §...", New Orleans Studies SECTION 4. Payment of interest and principal of bonds. The full faith and credit of the city of New Orleans is pledged for the payment of the principal and interest of all bonds issued under Section 1. For the payment of interest and principal on the bonds authorized by Section 1 and for all outstanding bonds which have been issued for general municipal and Sewerage, drainage, and water purposes,” there shall be levied annually by the city of New Orleans a tax on all of the taxable property of that city sufficient to meet the interest and principal requirements of the various issues as they become due. The proceeds of these taxes shall be paid over to the board day by day as collected and applied to the payment of interest and principal of said bonds. In case the city of New Orleans, at any time, shall fail or neglect to levy and collect a tax sufficient to cover the payments due on the bonded debt of the city, or in case the municipal government of the city should be abolished, or in case the present territory of the city should be transferred to other municipal corporations and no proper and efficient provision is made by law to compel those municipal governments to levy and collect said special tax, or, in case said municipal corporations refuse or neglect to exercise to this end a proper and efficient taxing power bestowed upon them,” then, in any of these events, the Board of Liquidation, City Debt, shall itself, by proper resolution, have power to levy said tax, and to collect the same; and, in said levy and collection, to use any and all the machinery, rights, 29 30 ** This expresses in general terms the power and duty of the city of New Orleans to levy a tax annually to provide for interest and principal of outstanding bonds, including those bonds which have already been issued under Act 4 of 1916, Act 3 of 1927 E. S., and Act 2 of 1930 E. S. ** The possible situations here covered are those which were envisaged at the time of the authorization of the Constitutional Bonds by Act 110 of 1890. Several of the situations here covered, though of importance at the time that amendment was added to the constitution, seem to have lost their urgency and, therefore, might well be elimi- nated. 76 Power to Taac and Borrow Restatement §." powers, and authority established by the state for the 31 levy and collection of the state taxes.** 32 SECTION 5. Administration of sewerage, water, and 1 drainage funds. The proceeds of all sales of bonds 2 issued under the authority of Section 1 (b) and of 3 the taxes levied under Section 10 shall be used solely 4 and exclusively for the construction and extension of 5 the sewerage, water, and drainage system of the city 6 of New Orleans. All such proceeds shall be deposited 7 in such bank or banks as pay the highest rate of 8 interest consistent with the safety of such deposits, 9 election of such bank or banks to be made by the 10 Board of Liquidation, City Debt viva voce, with the 11 approval of the governing body of the city. All dis- 12 bursements made by the Sewerage and Water Board 13 out of such funds shall be in the form of warrants or 14 drafts on the Board of Liquidation, City Debt setting 15 forth the amount thereof, the persons to whom pay- 16 able, and the purpose for which the payment is made; 17 and the Board of Liquidation, City Debt is charged 18 with the duty of taking care that no irregular or im- 19 proper or unlawful payments are made out of such 20 funds. 21 The Sewerage and Water Board shall have power 22 to apportion these funds among the objects, sewerage, 23 water, and drainage construction and extension, but 24 any such apportionment shall be made by a vote of not 25 less than ten members of the board, exclusive of the 26 mayor, and shall also be approved by the mayor in 27 writing; in case ten members of the board and the 28 mayor cannot agree on an apportionment, the matter 29 “This power of the Board of Liquidation, City Debt was first extended by Act 110 of 1890 giving the board the power to collect the one percent debt tax. Coupled with this power and duty there was a further guarantee to the effect that if the board did not comply with the law on this matter, the tax might be levied and collected by any court of competent jurisdiction. When the power of the board in this regard was extended to other bonds, it was extended merely as a power and duty of the board. Did this carry with it the jurisdic- tion of the courts to enforce the provision? The provision has been written into this draft on the conclusion that it did not. See Analysis discussion of Section 7 of Act 110 of 1890. 77 Vol. IV e &ºe. 4 New Orleans Studies shall be referred to the city council, which shall have 30 power to make the apportionment.” 31 No contract or expenditures of any kind shall ever 32 be made in anticipation of the collection of these 33 I'êVe]]|U16S. 34 The Sewerage and Water Board shall have the 35 right to do construction and extension work on the 36 Sewerage, water, and drainage systems with its own 37 forces in those cases where the amount of work in- 38 volved in the particular project does not exceed the 39 total value of two thousand dollars. For all contract 40 work where the amount involved in the project is a 41 sum in excess of two thousand dollars, the board shall 42 and must let same out by contract to lowest bidder by 43 sealed proposals after at least six notices during a 44 fifteen-day period calling for bidders, in the official 45 journal of the city, on detailed plans and specifications 46 approved by the board on file in its office to be fur- 47 nished to prospective bidders on application. One of 48 such specifications shall always be that the contractor 49 shall give bond with some surety company authorized 50 * There is question as to whether the provisions of this para- graph and the remainder of this section apply to the use of the funds received from all three of these sources: (1) proceeds of sale of bonds issued under Act 3 of 1927 E. S. (Article XIV, Section 24.2–24.11), (2) proceeds of the two mill tax levied under Act 197 of 1938 (Article XIV, Section 23.1), and (3) proceeds of the three mill tax levied under Act 533 of 1948 (Article XIV, Section 23.2). These provisions were included primarily because of the following provision contained in Act 197 of 1938 (Article XIV, Section 23.1): “All the provisions, conditions, and limitations contained in Act No. 6 of the Extra Session of the then General Assembly of the State of Louisiana for the year 1899, and all laws amendatory thereof, affect- ing the use and expenditure of the residue or surplus remaining in the Public Improvement Fund shall apply to the use and expenditure of the proceeds of the said two (2) mills tax to be levied and collected under this amendment.” No similar provision is found in Act 533 of 1948 (Article XIV, Section 23.2). However, it seems likely that this was merely an oversight in drafting that amendment and so the concerned provisions were made applicable to the proceeds of the three mill tax also. The language contained in Act 3 of 1927 E. S. (Article XIV, Section 24.2–24.11) has about the same effect as that of Act 197 of 1938 (Article XIV, Section 23.1) quoted above; it pro- vides (Section 8—Article XIV, Section 24.9) as follows: “The pro- ceeds of all sales of bonds under the provisions of this amendment shall be held by the Board of Liquidation, City Debt, and paid over on the warrant of the Sewerage and Water Board in the manner and under the conditions provided in said Act No. 6 of the Extra Session of 1899 and the amendments thereof, and shall be used exclusively for construction and extension of the sewerage, water and drainage system of the City of New Orleans in such proportions as the Sewer- age *Wºr Board may determine, free from the limitations fixed in sai ct.” 78 Power to Taac and Borrow Restatement §." to do business in the state of Louisiana as security 51 Satisfactory to the board, in a sum at least twenty-five 52 percent of the estimated amount of his bid for the 53 faithful performance of his contract. The board may 54 publish other notices and calls for bids as may be 55 deemed necessary. Every contract for construction 56 work exceeding twenty-five thousand dollars in amount 57 shall be approved by ordinance of the governing body 58 of the city before it shall be operative and binding on 59 the board and shall be executed by a public act before 60 the city notary, for fees to be agreed upon between the 61 notary and the board at the expense of the contractor. 62 In every case the board shall have power to reject all 63 bids and readvertise for new bids. 64 No member of the Sewerage and Water Board 65 shall borrow money from any contractor or shall ever 66 be interested, directly, or indirectly, in any contract 67 or in the losses or profits of any contract for labor, 68 supplies, material, or construction made by the board 69 nor for six months after the termination of his con- 70 nection with the board, under the penalty of dismissal 71 from the board and the absolute nullity of such con- 72 tract; nor shall any member of the board ever be 73 surety for any contractor, or officer, or employee of 74 the board, under a similar penalty. In case any 75 member of the board shall be director or stockholder 76 in any corporation, or shall be agent for any person, 77 which or who may be pecuniarily interested in any 78 subject before the board, he shall not at any meeting 79 of the board or of any of its committees discuss or 80 vote on any such subject. 81 In all contracts made and executed by the board 82 for construction purposes there shall be contained a 83 clause that the contractor shall give the preference in 84 employment to bona fide residents of the city of New 85 Orleans, both as skilled or unskilled labor (except 86 confidential clerks, chief superintendents, and chief 87 engineers) as long as any resident labor is ready, 88 willing, and able to do the work required; that the 89 penalty for each violation of this clause shall be the 90 forfeiture of the sum of twenty-five dollars for each 91 person so unlawfully employed to be deducted by the 92 79 Vol. IV tº če. 4. New Orleans Studies board from the contract price due the contractor; and that the general superintendent of the board shall have the authority to dismiss all persons em- ployed in violation of this clause; provided, that this clause shall not apply to skilled mechanics and ma- chinists brought to the city by the manufacturers of machinery solely for the purpose of erecting and test- ing the same. No person shall be considered a bona fide resident of the city of New Orleans for purposes of this provision unless he has actually resided in the city of New Orleans for one year prior to his employ- ment. SECTION 6. The Board of Liquidation, City Debt. The exclusive control and direction of all matters relating to the bonded debt of the city of New Orleans is hereby vested in the Board of Liquidation, City Debt,” a body corporate, with right of existence during the time any of the bonds authorized by and issued under Section 1 are outstanding, and during the time the taxes authorized by Section 10 are levied, with power to sue and be sued, to have a corporate seal, to make reasonable rules and regulations for the conduct of its business, and to employ counsel and a reasonable clerical force. The Board of Liquidation, City Debt shall consist of a permanent syndicate of six citizens of the city of New Orleans and the mayor, commissioner of pub- lic finance, and commissioner of public safety of the city of New Orleans serving ex officio. The syndicate members of the board shall fill all vacancies in their number from death, resignation, or otherwise. Any member of the Board of Liquidation, City Debt who removes his domicile from the city of New Orleans, or who is convicted of any crime against the state, * This provision first appeared in Act 133 of 1880, Section 2. At the time of the passage of that act, exclusive control of the bonded debt of New Orleans was vested in the Board of Liquidation. Since that time, however, inroads have been made into this extensive power of the board. Thus, the control and administration of Public Belt Railroad bonds are not vested in the board; neither are the control and administration of public improvement assessment certificates. Consequently, there is a question as to whether such a provision should be reenacted as a part of a new constitution although it is included here for purposes of completeness. 80 Power to Taac and Borrow Restatement §." or who is declared insolvent or bankrupt, or who 23 becomes incapacitated to perform his duties, shall for- 24 feit his membership, and it shall be the duty of said 25 board to declare his membership vacant, and to elect 26 his successor. Any member may be removed by a two- 27 thirds vote of the whole board for misfeasance, mal- 28 feasance in office, or for neglect of his duties as a 29 member; or he may be removed on similar grounds by 30 any court of competent jurisdiction at the suit of any 31 bondholder or ten taxpayers. In case all or the ma- 32 jority of the offices of members of said board should, 33 for any reason become vacant, so as to prevent a 34 Quorum of said board, any court of competent juris- 35 diction shall have the power and authority, on the 36 application of holders of at least ten thousand dollars 37 of bonds authorized by Section 1,47 to be had contra- 38 dictorially with the city of New Orleans and the sur- 39 viving members of the board, if there be any, to fill 40 enough of said vacancies to constitute a quorum, and 41 the quorum so obtained shall fill the remainder of the 42 vacancies. None of the members of the board shall 43 receive any compensation for his services. 44 It is hereby made a felony, punishable, on convic- 45 tion, by fine not exceeding five hundred dollars and 46 imprisonment at hard labor not exceeding ten years, 47 for the fiscal agent or any member of the Board of 48 Liquidation, City Debt to divert or misappropriate 49 any portion of the debt and interest funds entrusted 50 to its administration from its legitimate channel.” 51 One of the members of the board shall be elected 52 president and another vice president, the latter to act 53 in the absence or disability of the president. The board 54 shall select a secretary (not a member of the board), 55 who shall give bond for the faithful performance of 56 his duties in the sum of twenty thousand dollars, and 57 * This provision comes from Act 110 of 1890. The provision there is that the petition must be by holders of Constitutional Bonds. Here the provision is extended to include any holders of bonds issued under Section 1. * There is considerable doubt as to whether this provision, which first appeared in Act 133 of 1880, Section 7, has been extended by reference to the functions and duties of the Board of Liquidation under subsequent legislation. It is included here, however, because it was felt desirable to include all provisions which might possibly be a part of the constitution. 81 Vol. IV <> §e. 4. New Orleans Studies this bond shall be renewed every three years. He shall 58 hold office at the pleasure of the board and shall 59 receive such salary as is fixed by the board. The funds 60 of the board shall be deposited with the fiscal agent 61 of the city of New Orleans or with some chartered 62 bank in the city of New Orleans selected by the board. 63 The city of New Orleans shall provide, in the city 64 hall or elsewhere, proper offices and quarters for the 65 board and its officers, books, records, and archives. 66 The clerical office expenses, counsel fees, and cost of 67 preparing and selling bonds shall be paid from the 68 tax fund created by Section 4.49 On the first of Jan- 69 uary and July of each year, the board shall make, 70 in printed form, to the governing body of the city, a 71 detailed report of all its transactions and doings, 72 receipts and expenditures, with the names of all its 73 employees, and the amount of compensation paid to 74 each.50 75 All funds, property and things of value now or 76 hereafter held by the Board of Liquidation, City Debt 77 for bonded debt purposes shall, when released from 78 contract obligations or dedications imposed by law or 79 constitutional provisions, be used and employed in the 80 discretion of said board in payment and retirement 81 of any bonds of the city of New Orleans then out- 82 standing.” 83 II PAYMENT OF CURRENT EXPENSES BY THE CITY OF NEW ORLEANS SECTION 7. Limitations on the appropriation of 1 municipal funds. No money shall be drawn from the 2 treasury of the city of New Orleans without specific 3 ** There is in the present constitution no clear statement as to the source for paying the expenses of the Board of Liquidation. Here an attempt has been made to state as a general principal the practice which seems to have been followed in the past. e * The duty of making reports as to its operations is required by Act 110 of 1890 and Act 6 of 1899 E. S. Although the applicability of these acts in regard to this requirement after 1950 is not clear, a specific statement is here made of the general requirement of a report, * Are there any property, funds, etc., which are now dedicated to certain purposes which will henceforth be released from such dedi- cations? It would seem that this provision had meaning at the time of its origin (1916) but not at present. Notice that it is not directed toward the preservation of these property rights, etc., but merely (at least specifically) toward, the power of the board in regard to such sources after the dedications have expired. 82 Power to Taac and Borrow Restatement 3.", appropriation therefor previously made nor shall said 4 city make any contract or incur any debt or obliga- 5 tion for any purpose whatsoever unless sufficient funds 6 not otherwise appropriated to pay and discharge same 7 are actually in the treasury of the city at the time of 8 making the contract or incurring the debt or obliga- 9 tion and are specifically set aside and dedicated to 10 Said purpose, unless herein otherwise provided. The 11 foregoing limitation and restriction shall not apply or 12 be held to apply to contracts or obligations incurred 13 with respect to the furnishing to the city of light, heat, 14 power, water, telephone service or garbage removal 15 or destruction. 16 SECTION 8. Power to borrow money for current pur- 1 p0SeS. 2 (a). Taa: anticipation notes. The city may, in 3 any calendar year, in anticipation of the collection of 4 the taxes of such calendar year, and for any of the 5 purposes for which such taxes are levied, borrow such 6 Sums as shall not be in excess of the amount of the 7 uncollected taxes of such year, and may issue its notes 8 or other evidences of indebtedness therefor and such 9 sum, notes or other evidences of indebtedness shall be 10 payable only out of the taxes of the calendar year in 11 which said loan or loans are first made and for which 12 indebtedness said taxes shall be pledged, and said 13 indebtedness shall not be payable out of any other 14 funds or monies whatsoever. 15 No authorization shall be required for such loans 16 other than a resolution adopted by a majority of the 17 governing body of the city which shall have been pub- 18 lished in one issue of a daily newspaper of general 19 circulation in the city of New Orleans. Nor shall any 20 formality be required to make effective such loans 21 and pledges, mortgages, or hypothecations” securing 22 same other than the execution of a written contract 23 with the said city of New Orleans. Any loan made 24 pursuant to any such resolution shall be conclusively 25 deemed to be secured by all taxes as hereinafter de- 26 27 fined, unless otherwise expressly stated in such reso- * It is not clear as to what the words “mortgages or hypotheca. tions” were intended to refer in the original amendment, Act 340 of 1936. 83 #. Y. New Orleans Studies lution. Nor shall the validity of any such loan or of the security thereof be affected or impaired by the application of the proceeds of such loan, when the resolution authorizing same recites that the loan is being made for a purpose which is authorized by this constitution. No money shall be borrowed by the said city except for municipal purposes of the current calendar year, and in no event shall any money be borrowed in this manner by the city to make or pay for works of public improvement. When in any year loans are made to said city in anticipation of uncollected taxes, no reduction in assessments of such year as same appear on the rolls returned to the Board of Assessors of the Parish of Orleans by the Louisiana Tax Com- mission shall be made, except to correct a dual assess- ment, or except to correct an assessment of property which is exempt under the constitution, or except to correct a manifest clerical error in an assessment, unless such reduction has been authorized by a final judgment of a court of competent jurisdiction. Nor shall any redemption or other law be passed which would relieve the tax debtors from paying in full the taxes levied under such assessments, until such loans shall have been repaid in full, in principal and in interest; nor shall any other law be passed which would lessen or impair the security of such loans. It shall be the ministerial duty of the authorities charged with the enforcement of the collection of taxes due the city of New Orleans to cause to be sold for said taxes all property upon which taxes are not paid. Said sales shall be made not later than the first day of October of the calendar year next succeeding the year in which said taxes become delinquent. This ministerial duty may be enforced by the pledgees of said taxes by mandamus. (b). Taac anticipation certificates or warrants. The governing body of the city of New Orleans may, except as herein otherwise provided, in any calendar year, in anticipation of the collection of the designated taxes of such calendar year, and for any of the pur- poses for which such taxes are levied and not other- 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 84 Power to Taa, and Borrow Vol. IV Restatement Chap. 4 wise, issue its negotiable tax anticipation certificates 70 or warrants in an amount not in excess of the uncol- 71 lected designated taxes of such calendar year as such 72 taxes are hereinafter defined. Such certificates or 73 warrants may be in such denominations and with 74 maturities and rate of interest from maturity as the 75 governing body of the city may fix, and the governing 76 body may negotiate said warrants at a discount of not 77 more than two percent. Each warrant or certificate 78 shall recite on its face the class or type of tax for 79 which issued, that is, whether for real property tax, 80 personal property tax, or other tax, as the word taxes 81 is hereinafter defined. Subject to the limitations here- 83 inafter contained, such warrants or certificates shall be 84 receivable at their par value, in payment in whole or 85 part of the particular class or type of the tax for which 86 issued for the particular year in which said certifi- 87 cates or warrants shall have been issued, and for no 88 other class or type of tax, and for no other year. If 89 for any calendar year, the governing body of the city 90 of New Orleans shall, in anticipation of the collection 91 of designated taxes for such year, borrow any sums 92 and issue its note or notes secured by the pledge of 93 designated taxes as provided by paragraph (a) above, 94 it shall have no right to issue or negotiate certificates 95 or warrants as provided for in this paragraph after 96 any such loan or loans shall have been made and 97 while same shall be outstanding and unpaid, unless: 98 (1) Such certificates or warrants are issued in 99 anticipation of the collection of designated taxes for 100 the calendar year in question, other than the desig- 101 nated taxes which have been pledged to secure said 102 note or notes, or 103 (2) If issued in anticipation of the collection 104 of the designated taxes for the calendar year that 105 have been pledged to secure such note or notes, then 106 such warrants may not be issued until first counter- 107 signed by a trustee designated by the holders of the 108 majority in principal amount of said previously 109 issued tax anticipation note or notes, and unless the 110 full amount of the city’s portion of the proceeds of the 111 sale of such certificates or warrants shall be paid 112 directly to the said trustee for immediate application, 113 85 Vol. IV • Chap. 4 New Orleans Studies pro rata, to the reduction of such outstanding tax 114 anticipation note or notes until such time as such out- 115 Standing tax anticipation note or notes have been 116 paid in full in principal and in interest. 117 The word “taxes” as used in paragraphs (a) and 118 (b) shall include license taxes, franchise taxes, and 119 taxes upon personal and real property (including the 120 tax levied under Section 11) and all interest and pen- 121 alties upon such taxes; provided, that in exercising 122 the authority herein conferred, the governing body of 123 the city of New Orleans shall first ascertain the 124 amounts necessary to service its bonded debt payable 125 from the proceeds of any such taxes and shall take no 126 action which would impair the obligations of such 127 contracts. 128 (c) Public improvement special assessment cer- 129 tificates.” The city of New Orleans may issue for 130 street paving purposes, street widening and straight- 131 ening, lighting and tree planting,” certificates on its 132 faith and credit pursuant to legislative authority. 133 Such certificates shall be chargeable primarily against 134 special assessments in respect of which they are 135 issued, and secondarily against the revenues of the 136 city of New Orleans derived from taxation for general 137 municipal purposes and sources other than taxes 138 levied for debt purposes. Such certificates shall be 139 secured as herein and as otherwise provided for by 140 subsequent legislative authority not in conflict here- 141 with. Such certificates, for which the faith and credit 142 of the city of New Orleans shall be pledged, shall not be 143 issued in excess of any special assessment which shall 144 have been or shall be made for such purposes, and shall 145 * As is indicated in the Analysis of Act 178 of 1924 and Act 205 of 1928, it seems that there is question as to what is the law on this subject as a result of Act 340 of 1936. Here an attempt has been made to include what seems to be the correct interpretation of the legislation—i.e., that since Act 340 of 1936 provided that “Nothing herein contained shall be construed as altering or affecting the pro- visions of Section 24 of Article XIV of the Constitution of the State of Louisiana as amended,” the law on the subject was in no way changed by that amendment, and that, therefore, the constitutional law on this subject is that contained primarily in Act 205 of 1928. However, notes are made to particular points which are in doubt. * The purposes for which such certificates may be issued are “paving purposes, street widening and straightening, lighting, and tree planting” in Act 205 of 1928; in Act 340 of 1936, the only purpose mentioned is “paving.” 86 Power to Taac and Borrow Restatement §º Y not at any one time be outstanding in an amount in ex- 146 cess of fifteen million dollars, in face value, except how- 147 ever, that paving certificates may be outstanding at 148 any one time at such amount in excess of fifteen 149 million dollars as may be fixed by two-thirds vote 150 of all the members of the governing body of the city.” 151 The governing body of the city of New Orleans 152 shall budget annually and appropriate out of the 153 general revenues of the city of New Orleans derived 154 from taxation a sum of not less than four hundred 155 thousand dollars, and shall dedicate, use and employ 156 the monies so budgeted and appropriated for the pay- 157 ment of the city’s proportion of the cost of paving 158 streets and roadways, including subsurface drainage, 159 as may be from time to time established and provided 160 by law.56 161 (d). Money borrowed for the police and fire 162 departments of the city of New Orleans shall be bor– 163 rowed only by the city of New Orleans and only in 164 accordance with provisions of this section. 165 III GENERAL MUNICIPAL AND SPECIAL AD VALOREM PROPERTY TAXES SECTION 9. General alimony taa. For general munici- 1. pal purposes, exclusive of the support and main- 2 tenance of the public schools and the payment of 3 the bonded debt of the city of New Orleans, said 4 city may in each year levy upon all taxable property 5 within said city a tax not exceeding six and one-half 6 mills on the dollar of the assessed valuation thereof; 7 provided, however, that if the taxes levied by the city 8 of New Orleans in any one year for bonded debt pur- 9 poses be less than ten mills, said city may levy for 10 its general purposes such additional tax which, when 11 added to the tax of six and one-half mills hereby 12 authorized, the taxes levied for the payment of the 13 principal and interest of its bonds as they mature 14 15 and the tax of three mills under Section 10, shall * Although this power is mentioned in Act 205 of 1928, no pro- vision is specifically made for it in Act 340 of 1936. See comment in footnote 53. * This paragraph is contained in Act 205 of 1928 but not in Act 340 of 1936. See comment in footnote 53. 87 §.", New Orleans Studies 1 6 not exceed in the aggregate sixteen and one-half mills.57 SECTION 10. Sewerage, water, and drainage construc- tion and eactension taa!es. For the sole and exclusive purpose of the construction and extension of the sew- erage, water, and drainage system, the city of New Orleans shall levy and collect annually through the year 1991* a special ad valorem tax of two mills on the dollar upon all the taxable property, real, personal and mixed, in the city of New Orleans, such tax to be levied over and above all other taxes authorized to be levied by the city. For the same purpose, but in addition to this tax, the governing body of the city of New Orleans shall also levy and collect annually through the year 2000° a special ad valorem tax of three mills on the dollar upon all the taxable property, real, personal and mixed, in the city of New Orleans; provided, however that should the tax authorized to be levied in any year for bonded debt purposes by Section 469 exceed seven mills, the tax hereby authorized shall be reduced to 1 the extent of the excess, and when the levy of said tax 20 for bond debt purposes under Section 4 reaches or ex- 21 ceeds ten mills, the tax hereby authorized shall be sus- 22 pended. 23 The proceeds of these taxes shall be paid over to 24 the Board of Liquidation, City Debt day by day as col- 25 lected by the proper officials of the city and shall be 26 deposited with the fiscal agent banks of the Board of 27 Liquidation, City Debt to the credit of a special fund 28 * There is question as to the status of this provision. See the comment on Section 15 of Act 4 of 1916 in the Analysis. In this con- nection see Section 10, paragraph 2 of the Restatement. * The amendment provides that the tax be levied “for the year 1942, and annually thereafter for a term of fifty years.” * The amendment provides that the tax be levied “for the year 1951, and annually thereafter for a term of fifty years.” * In Act 533 of 1948 (Article XIV, Section 23.2) the tax con- cerned is that levied under Act 4 of 1916 and Act 3 of 1927 E. S. Thus, strictly speaking, the tax levied under Act 2 of 1930 E. S. would not be considered and, therefore, would not be exactly that levied under Section 4 of the draft. However, it seems likely that the failure to name Act 2 of 1930 E. S. in Act 533 of 1948 was merely an over- sight made by the drafters and that for this purpose the reference to Act 4 of 1916 might be construed as covering also the bonds issued under Act 2 of 1930 E. S. Therefore, here the total tax concerned in Act 533 of 1948 is treated as including Act 2 of 1930 E. S. and, therefore, coextensive with that authorized by Section 4. 88 Power to Taac and Borrow Restatement §." called “Construction and Extension Fund of the Sew- 29 erage and Water Board.” They shall be administered 30 by the board in accordance with the provisions of 31 Section 5. 32 SECTION 11. Fire and police department taa. For 1 the exclusive purposes of maintaining a double platoon 2 system in the fire department and a triple platoon 3 system in the police department and increasing the 4 pay of officers and men in said departments, the city 5 of New Orleans shall levy annually a special tax, not 6 exceeding three mills on the dollar on all taxable 7 property in said city. The proceeds of this tax shall 8 be used for these purposes according to such appor- tionment as the Commission Council may make from 10 time to time; provided, however, that one-half the 11 avails of said tax in excess of two mills shall be used 12 exclusively for the purpose of increases in the pay of 13 officers and men in the fire department, while the 14 other half shall be used exclusively for the purpose of 15 increases in the pay of officers and men in the police 16 department. 17 SECTION 12. Zoological garden taa. For the purpose 1 of establishing and maintaining a zoological garden, 2 the city of New Orleans may levy annually a special 3 tax not to exceed one-fifth of one mill on the dollar 4 on all taxable property in the city, provided that the 5 rate, purpose, and duration of such special tax shall 6 have been submitted to the resident property tax- 7 payers qualified to vote in said city, and a majority 8 of those voting, in number and amount, shall have 9 voted in favor thereof. 10 IV THE ORLEANS PARISH SCHOOL BOARD SECTION 13. Power of the Orleans Parish School 1 Board to levy taa:es and incur indebtedness. The Or- 2 leans Parish School Board, or its successor in law, 3 shall levy annually a tax not to exceed ten mills on the 4 dollar on the assessed valuation of all property within 5 the city of New Orleans assessed for city taxation, 6 and shall certify the act to the governing body of the 7 89 Vol. IV ſº §s. 4. New Orleans Studies city of New Orleans which shall cause said tax to be entered on the tax rolls of said city and collected in the manner and under the conditions and with the interest and penalties prescribed by law for city taxes. The money thus collected shall be paid daily to said board. No portion of said tax in excess of three and three-fourths mills shall be used for the purpose of purchasing, constructing, repairing and maintaining buildings for public school purposes; for the purchase, repairs and renewal of physical equipment; for fuel, light and power, and janitors’ salaries. The Orleans Parish School Board may incur in- debtedness and issue negotiable promissory notes, bonds, or other evidences of debt, to bear no greater rate of interest than other municipal bonds, to run not more than forty years, the principal and interest thereof payable as said board may determine, for the purpose of purchasing grounds, and constructing and repairing buildings for public school uses, based upon said three and three-fourths mills tax; and there shall be levied and collected annually for the years dur- ing which any of said obligations may be outstanding a tax not exceeding said three and three-fourths mills sufficient to pay the principal and interest thereof. In addition to this ten mills tax, the Orleans Par- ish School Board, or its successor in law, when so au- thorized by a vote of a majority, in number and amount, of the qualified property taxpayers of the city of New Orleans, who vote at an election held for that purpose in the manner provided for the issuance of bonds, shall levy an additional tax not to exceed five mills on the assessed valuation of all property within the city of New Orleans assessed for city taxation, said additional tax to be certified, levied, and collected in the same manner as the ten mills tax hereinabove provided for. No portion of this five mills tax in excess of four mills shall be used for the purpose of purchas- ing, constructing, repairing and maintaining build- ings for public school purposes; for the purchase, repairs and renewal of physical equipment; for fuel, light and power, and janitors’ salaries. If and when said additional five mills tax has been approved by said taxpayers' election the Orleans 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 90 Power to Taac and Borrow Restatement §." Parish School Board shall have the right to incur in- 51 debtedness and issue negotiable promissory notes, 52 bonds, or other evidences of debt, to bear no greater 53 rate of interest than other municipal bonds, to run 54 not more than forty years, the principal and interest 55 thereof payable as said board may determine, for the 56 purpose of purchasing grounds, and constructing and 57 repairing buildings for public school use, based upon 58 four mills of said five mills tax; in which event there 59 shall be levied and collected annually for the years 60 during which any of said obligations may be out- 61 standing an additional tax not exceeding said four 62 mills sufficient to pay the principal and interest 63 thereof. 64 All obligations issued under this section shall be 65 exempted from taxation of every kind, and a legal in- 66 vestment for persons non sui juris, and as security 67 for all public deposits. 68 SECTION 14. Power of Orleans Parish School Board 1 to borrow in anticipation of the collection of taa!es. The 2 Orleans Parish School Board may in any calendar 3 year, in anticipation of the collection of the taxes of 4 such calendar year and for the purpose for which such 5 taxes are levied, borrow such sums as shall not be in 6 excess of the amount of its uncollected taxes of such 7 year, and may issue its notes or other evidences of in- 8 debtedness therefor, and such sums, notes or other 9 evidences of indebtedness shall be payable only out 10 of the taxes of the calendar year in which said loan 11 or loans are first made and for which indebtedness 12 said revenues shall be pledged, and said indebtedness 13 shall not be payable out of any other funds or monies 14 whatsoever; provided, however, no monies shall be 15 borrowed by the board for any other purposes than 16 current purposes, and in no event shall any money be 17 borrowed in this manner by the board to make or to 18 pay for permanent improvements; and provided 19 further, that the board shall not make any contract or 20 incur any debt or obligation unless sufficient funds, not 21 otherwise appropriated, to pay and discharge the same 22 are actually in the treasury of the board at the time 23 of making said contract or incurring said debt or 24 obligation and are specially set aside and dedicated 25 91 §.", New Orleans Studies to said purpose, except as may be hereinabove spe- 26 cially provided. 27 The Orleans Parish School Board shall annually, 28 prior to the beginning of the scholastic year, prepare 29 a budget of its receipts and expenditures and said 30 budget, before it becomes effective, must be approved 31 by the governing body of the city of New Orleans, 32 and all appropriations by or expenditures of said 33 board not included in the said budget shall likewise 34 before becoming effective be approved by said gov- 35 erning body; provided that nothing herein shall be 36 taken or construed as authorizing the governing body 37 of the city to change, alter, substitute, or eliminate any 38 of the items of the budget thus submitted, the true 39 intent and meaning hereof being that the said body 40 shall have no authority whatsoever in or over said 41 budget except to the extent of ascertaining whether 42 the proposed expenditures as exhibited by said budget 43 are within the probable and estimated revenues of the 44 Orleans Parish School Board. 45 V GENERAL PROVISIONS SECTION 15. The inhibitions herein established against the city of New Orleans and the Orleans Par- ish School Board, or either of them, concerning bor- rowing money, anticipating their revenues, capitaliz- ing their funds or issuing notes or other evidences of debt, shall apply to all boards, commissions, or bodies created by or under the authority of the gov- erning body of the city of New Orleans.” SECTION 16. No limitation imposed by other pro- visions of this constitution upon the authority of the * This section is substantially identical with Section 20 of Act 4 of 1916. In Act 4 as originally written the meaning and scope of this provision was rather clear because the mentioned powers were largely denied to the city and to the school board (particularly the latter). But later amendments to the constitution (Article XII, Sec- tion 16 and Article XIV, Section 24) gave the city and the school board considerable power to borrow money, etc. Thus, when this section is written into the Restatement without compensating for this change, there is some confusion. Under the circumstances it would seem necessary to limit the provision to “inhibitions . . . against the city of New Orleans” rather than against the school board also. This would approximate the end desired under the origi- nal Act 4 of 1916. 92 Power to Taa: and Borrow Vol. IV Restatement Chap. 4 city of New Orleans shall be held to include, apply to, or affect the powers and rights herein confirmed. SECTION 17. The provisions hereof are self-operative, and the city of New Orleans and the several boards and bodies herein referred to shall carry the same into effect. i 93 CONCORDANCE TABLES I Present Constitution Restatement Constitution Incorporated Material Reprinted at Article Section Act No. Section Pages Lines Section Pages Lines X 10 327 1–9 12 89 XII 16 327, 328 1–69 13 89–91 XIV 23 328 1–5 Obsolete XIV 23 Incorporated Act 329 5–13 6 of 1899 E.S. 1–4 392–394 Obsolete 6 of 1899 E.S. 5 394 1–11 Obsolete 6 of 1899 E.S. 5 394 12–21 5 77–80 22–104 6 of 1899 E.S. 6 394 Obsolete; but see Sec. 6 6 of 1899 E.S. 7 394 6 82 69–75 6 of 1899 E.S. 8–23 395–398 (See Chapter 5) 6 of 1899 E.S. 24–29 398, 399 5 77–80 22–104 6 of 1899 E.S. 30–36 399, 400 (See Chapter 5) XIV 23 329 13–44 (See Chapter 5) XIV 23 329 45–50 Obsolete XIV 23.1 329, 330 1–19 10 88, 89 1–10 88, 89 24–32 XIV 23.1 330 20–27 4 76 12–14 5 77 1–21 77–80 22–104 10 88, 89 30–32 XIV 23.1 330 28–36 5 77 12–21 XIV 23.1 330 37–41 6 80 5–9 XIV 23.1 330 42—44 17 93 XIV 23.2 330, 331 1–18 10 88, 89 11–31 XIV 23.2 332 61–69 5 77 12–21 XIV 23.2 332 70–74 6 80 5–9 XIV 23.2 332 75–77 17 93 º XIV 24 Incorporated acts and consti- tutional provisions 110 110 110 110 110 110 133 133 133 133 133 133 110 110 110 110 110 110 110 of Of of Of Of of Of of Of of Of of of 1890 of 1890 of 1890 of 1890 of 1890 of 1890 of 1880 of 1880 Of 1880 of 1880 of 1880 of 1880 of 1890 of 1890 of 1890 Of 1890 of 1890 of 1890 Of 1890 1916 1916 1916 1916 1916 1916 1916 1916 1916 1916 1916 1916 332, 383, 385 385 384 385, 386 377 377, 378 378 378 378, 386 386 386 386 386 387 387 449 449, 450 450 450 450 451 451 332 332, 333 451 333 384 386 378 379 450 333 1–76 1–16 16–28 28–37 1–3 1–6 6–7 7–24 24–29 1–3 4–21 21–25 17–24 24–53 54–76 1–4 Obsolete Obsolete; but see comment in Analysis 4 Obsolete; see comment in Analysis and footnote 44 of the Restatement Obsolete 76–77 Incorporated Act 6 Obsolete 6 Obsolete 6 Obsolete 6 6 6 Obsolete 6 6 Obsolete 80 82 81 80 81 81, 82 80, 81 81 (See XV, 6 of Projet) Obsolete 1 (a) 1 (c) 1 (d) 4 Obsolete 4 Obsolete 4 Obsolete Obsolete 71, 72 72 72, 73 76 76 76 13–19 76–83 45–51 3–12 43–44 52–75 19–32 32—44 1–27 37–47 48–65 4–12 4–12 § CONCORDANCE TABLES (Continued) I Present Constitution Restatement Constitution Incorporated Material Reprinted at Article Section Act No. Section Pages Lines Section Pages Lines 4 of 1916 9 451 5–13 1 (e) 73 66–77 4 of 1916 10 452 1–20 3 74, 75 1–34 4 of 1916 10 452 21–22 6 82 67–69 4 of 1916 11 452 3 75 35–45 4 of 1916 12 452, 453 Obsolete; but see Section 8 4 of 1916 13 453 2 (a) 73, 74 1–17 4 of 1916 14 453 1–11 6 80, 82 1–75 4 of 1916 14 453 4–7 4 76 12–14 4 of 1916 14 453 11–20 6 82 76–83 4 of 1916 15 453 9 87–88 4 of 1916 16 454 Obsolete 4 of 1916 17 454 Obsolete; but see 13 87, 88 1–18 4 of 1916 18 454 Obsolete; but see 13 90 32–48 4 of 1916 19 455 1–4 13 90 19–31 90, 91 49–64 4 of 1916 19 455 4–20 14 91, 92 1–27 4 of 1916 19 455 21–35 14 92 28–45 4 of 1916 20 455 15 92 4 of 1916 21 455 1–3 17 93 1–4 4 of 1916 21 455 4–18 Obsolete Art. 271 (Constitution of 1879) as amended by 51 of 1920 375 Obsolete XIV 24 333 77–80 16 92, 93 XIV 24 333 80–82 6 - 82 58–60 XIV 24 333 83–92 Obsolete $ XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV XIV 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24.2 24.3 24.3 24.4 24.4 24.5 24.5 24.6 24.6 24.7 24.7 24.8 24.9 24.10 24.10 24.11 334 3.35 336 336 336 336, 337 337 337 337, 338 338 338 338, 339 339 339–341 341 341 341 341 342 342 . 342, 343 343 343 343, 344 344 344 344 344, 345 345 345 345 345 93–156 157–220 205–219 221–225 225–230 231–246 247–259 260–272 273–287 287–294 295–321 321–354 355–383 384–439 439–457 458–463 1–29 29–39 1–4 4–41 1–9 9–17 1–6 6–16 1–31 31–33 1–6 6–8 10–16 See the comment concerning this material in the Analysis See the comment concerning this material in the Analysis 8 (c) 187 152–161 Obsolete; see the comment concerning this provision in the Analysis 8 (d) 87 8(a) 83, 84 7 82, 83 Obsolete 8(a) 83 8 (b) 86 8(a) 84 8 (c) 86, 87 Obsolete 8 (b) 84–86 8 (b) 86 17 93 (See XV, 6 of Projet) 1 (b) 72 2 (b) 74 4 76 Obsolete Obsolete 4 76 Obsolete 1 (e) 73 3 74, 75 6 82 3 75 5 77–80 6 80 4 76 17 93 16–33 1–15 118–122 34–63 129–151 64–117 118–128 28–36 18–24 1–4 4–12 66–77 1–34 67–69 35–45 12–21 1–7 12–14 Ş CONCORDANCE TABLES (Concluded) I Present Constitution Restatement Constitution Incorporated Material Reprinted at Article Section Act No. Section Pages Lines Section Pages Lines XIV 24.12 345, 346 (See XV, 6 of Projet) XIV 24.13 346 Obsolete XIV 24.14 346 1–4 Obsolete XIV 24.14 346 4–8 2 73, 74 XIV 24.15 346 1–4 4 76 1–4 XIV 24.15 346, 347 4–29 Obsolete XIV 24.16 347 1–11 Obsolete XIV 24.16 347 11–17 4 76 4–12 XIV 24.17 347 1–6 Obsolete XIV 24.17 347 6–16 (See XV, 6 of Projet) XIV 24.18 348 Obsolete XIV 24.19 348 Obsolete XIV 24.20 348 1–6 6 80–82 XIV 24.20 348, 349 6–10 4 76 12–22 XIV 24.20 349 10–16 4 76 XIV 24.21 349 17 93 XIV 24.22 349 1–13 1 (c) 72 37–47 XIV 25 349 11 87 § CONCORDANCE TABLES II Restatement Present Constitution * Constitution Incorporated Material Reprinted at Section Pages Lines Article Section Act No. Section Pages Lines 1 (a) 71–72 1–27 4 of 1916 4 450 1 (b) 72 28–36 | XIV 24.3 341, 342 1–29 1 (c) 72 37–47 | XIV 24.22 4 of 1916 5 349 1–13 4 of 1916 5 450 1 (d) 72–73 48–65 4 of 1916 6 450 1 (e) 73 66–77 4 of 1916 9 451 5–13 XIV 24.6 344 6–16 2 (a) 73–74 1–17 4 of 1916 13 453 2 (b) 74 18–24 | XIV 24.3 342 29–39 3 74–75 1–34 4 of 1916 10 452 1–20 XIV 24.7 344 1–31 3 75 35–45 4 of 1916 11 452 XIV 24.8 344, 345 4 76 4 of 1916 7 450 1–3 4 76 1–4 XIV 24.4 342 1–4 4 76 1–4 XIV 24.15 346 1–4 4 76 4–12 4 of 1916 7 451 21–25 4 76 4–12 4 of 1916 8(a) 332 24–53 XIV 24.5 343 9–17 4 76 4–12 | XIV 24.16 347 11–17 4 76 12–14 | XIV 23.1 330 20–27 4 76 12–14 4 of 1916 14 453 4–7 4 76 12–14 | XIV 24.10 345 6–8 4 76 110 of 1890 7 385 16–28 4 76–77 29–32 4. Of 1916 14 453 7–11 4 76 16–29 | XIV 24.10 345 10–16 5 77 12–21 | XIV 23.2 332 61–69 $3 CONCORDANCE TABLES (Continued) II Restatement Present Constitution Constitution Incorporated Material Reprinted at Section Pages Lines Article Section Act No. Section Pages Lines 5 1–12 | XIV 23.1 330 20–27 5 77 12–21 6 of 1899 5 394 12–21 5 77 12–21 | XIV 24.9 345 5 77 12–21 | XIV 23.1 330 28–36 5 77–80 22–104 | XIV 23.1 330 20–27 6 80–82 1–75 | XIV 23.9 4 of 1916 14 453 1–11 6 80 1–7 XIV 24.10 345 1–6 6 80 5–9 XIV 23.1 330 37–41 6 80 3–12 110 Of 1890 11 386 1–6 (3 80 5–9 XIV 23.2 332 70–74 6 80 13–19 133 of 1880 1 377 6 80, 81 19–32 110 of 1890 12 386 6 81 32–43 110 of 1890 13 387 6 81 43–44 110 of 1890 11 386 6–7 6 81 45–51 133 Of 1880 7 378 6 81, 82 52–75 110 of 1890 11 386 7–24 6 82 58–60 XIV 24 333 80–82 6 82 67–69 XIV 24.7 344 31–33 6 82 67–69 4 of 1916 10 452 21–22 6 82 69–75 6 of 1899 E.S. 7 394 6 82 76–83 133 of 1880 5 378 4 of 1916 14 453 11–20 7 82, 83 XIV 24 337 247–259 8(a) 83 1–15 XIV 24 337, 338 273–287 8(a) 83, 84 16–33 XIV 24 336, 337 231–246 8(a) 84 34–63 XIV 24 338 295–321 8 (b) 84–86 64–117 | XIV 24 339–341 384-439 E 89ý-89 ſ ††—zip !, L-91, 8-I 08- L \, 98-IZ OZ-$ 69-I 6-I 1,3-03 8I–8 9 I–I 6I-OI Į9–6I 8I-I 6I-I 08Z-93 Z 6.IZ-903 1,9ï-68Ť 1,97—68į į763-1,83 gț8 Iý8 088 Z88 99Ť 888 99Ť 99f; ggſ 1,38 1,38 6ý8 088 I88 ‘088 088 I88 ‘088 088 ‘6Z8 89Ť 988 988 Iý8 IŤ 8 888 IZ 03 6I 6I gI 9 I6 I JO 9 I6 I JO 9 I6 I JO 9Ț6 I JO 9I6 I JO † II’ſ， †Z I’83 3°8′Z † Z 9 I 0I 93 I’8Z Z°83 Z°83 I'8Z Zº83 I’83 † Z †Z † Z † Z į， AIX AIX AIX AIX AIX IIX AIX AIX AIX AIX AIX AIX AIX AIX AIX AIX AIX AIX †-I gț-8Z 1,3-I Z8–08 Ig–II 08–ýz Ig–II 0I-I I9 I-39 I IgI-6ZI 8ZI-8II ZZ I-8II 86 86 86 86 86 86 ‘Z6 36 Z6 Z6 ‘I6 I.6—68 68 68 68 68 ‘88 68 ‘88 68 ‘88 68 ‘88 88 88 ‘L8 1,8 1,8 L8 ‘98 98 98 0I 0I (p) 8 (0) 8 (9) 8 (q) 8 (q) 8 101 §.", New Orleans Studies C. ANALYSIS Introductory note: The first and second parts of this chapter were designed to provide general information con- cerning the material of the present constitution on the power of New Orleans to borrow money and tax; this last part offers a study of the detailed provisions of the present constitution on these subjects. Its primary purpose is to provide information concerning each of the many constitu- tional provisions. An attempt has been made to indicate all of the provisions which are obsolete or which have been superseded by later legislation. The analysis is based primarily upon the constitutional provisions as set out in Appendix III. The various provi- sions are analyzed in the order in which they appear in this appendix, which order is the same as that in which they appear in the constitution. All statutory legislation and amendments to previous constitutions incorporated by the text of the constitution are considered at the point in the constitutional material where incorporated; reference is made to the material contained in Appendix III for the text of these enactments. ARTICLE X, SECTION 10, p. 327, lines 1–9. This tax has never been levied, since the necessary approval by the prop- erty taxpayers was not secured." See the discussions intro- ducing the analysis of Act 4 of 1916 and of Section 15 of that act below in connection with Article XIV, Section 24, p. 332, lines 1–14. ARTICLE XII, SECTION 16, p. 327, lines 1–69. See the dis- cussion below in connection with Sections 17–19 of Act 4 Of 1916. ARTICLE XIV, SECTION 23, p. 328, lines 1–5. The spe- cial tax referred to here is the two mill sewer and water tax authorized by Section 1 of Act 6 of 1899 E.S. This tax was authorized to be levied for a period of forty-three years beginning in 1900 and ending in 1942; the proceeds of the tax were used to meet the obligations of the city under the Public Improvement Bonds which were issued by authority of Act 6 of 1899 E.S. By the terms of the authorization * A Fiscal and Administrative Swºrvey of the City of New Orleans, Swbmitted to the Commission Council of the City of New Orleans by the New Orleans Taac Revision Commission, December 5, 1933 (New Orleans, 1933), p. 23. 102 Power to Taac and Borrow e Vol. IV Analysis Chap. 4 this tax has not been levied since 1942; the obligations un- der these bonds have been met from another source (also dedicated by Section 1 of Act 6 of 1899 E.S.). This ratifi- cation of the tax in the constitution is obviously obsolete. ARTICLE XIV, SECTION 23, p. 329, lines 5–13; ACT 6 OF 1899 E.S. The act to which reference is made here is Act 6 of 1899 E.S. This act was initially ratified by an amend- ment of the Constitution of 1898 (proposed by Act 4 of 1899 E.S.). The language here used has generally been deemed to make some of the provisions of the act a part of the Con- stitution of 1921. Some of the provisions became part of the constitution because the power of the legislature to amend Act 6 of 1899 E.S. mentioned in this section of the constitution is limited by the act. Under Section 35 of that act the legislature is not allowed to amend the act in any way which would be violative of either (1) the provisions of the taxpayers’ petition under which the tax was original- ly levied or (2) the rights of holders of Public Improve- ment Bonds. Since the Public Improvement Bonds have been retired (in 1950) only the first limitation is now of importance. The effect of this limitation is discussed fully in the material concerning the Sewerage and Water Board. These provisions, thus removed from the amending power of the legislature, are deemed to be part of the constitution." The question of what provisions of the act are part of the constitution by virtue of this ratification is one which will not be considered in detail at this point, since the problem is more intimately connected with the Sewerage and Water Board and will be discussed in detail in that connection. From the following analysis it will appear that the pro- visions of this amendment, as such, are largely obsolete to- day. However, several provisions of the constitution con- cerned with the Board of Liquidation, City Debt (Article XIV, Sections 23.1, 23.2, and 24.9) recognize and extend the provisions, conditions, and limitations of this act to the use and expenditure of other funds dedicated to sewerage, water, and drainage construction purposes. ACT 6 OF 1899 E.S., Section 1, p. 392. This section au- thorizes the issuance of the “Public Improvement Bonds of the City of New Orleans” and provides for meeting the obligations of these bonds by authorizing the levy of a two mill tax until 1942 and a one percent tax from 1942 through * State eac rel. Saunders v. Kohnke, 109 La. 838, 33 So. 793 (1903). 103 §.", New Orleans Studies 1950. These bonds were issued as authorized, and the obliga- tions have been met in the manner prescribed. Conse- quently this section is now obsolete. ACT 6 OF 1899 E.S., Section 2, p. 393. This section con- cerns powers and duties of the Board of Liquidation, City Debt in regard to the issuance of these bonds; it is obsolete since these duties have been executed. ACT 6 OF 1899 E.S., Section 3, p. 393. This section con- cerns the terms of the bonds; since the bonds have been retired, the section is obsolete. ACT 6 OF 1899 E.S., Section 4, p. 394, lines 1–14. These provisions direct the Board of Liquidation to use the first proceeds of the sale of the bonds for retiring bonds pre- viously issued by the Drainage Commission. They have been executed and are therefore obsolete. ACT 6 OF 1899 E.S., Section 4, p. 394, lines 15–23. These were restraints upon the Drainage Commission in the further exercise of its duties. Although by this act the Drainage Commission was not merged with the Sewerage and Water Board, funds were allotted from the bond issue for use in carrying out the drainage program. Pursuant to this plan, the requirements of this section for retiring bonds previously issued by the commission and forbidding further issuance of bonds under the earlier authorization were in- cluded. All three Systems—sewerage, water, and drainage —were later merged and placed under the administration of the Sewerage and Water Board. Previously proceeds of the sale of public franchises were dedicated to the drainage program; the provision in lines 18–20 returned these funds to the city council. It would seem that the provisions of this paragraph are obsolete, except perhaps for the dedication of the proceeds of the sale of franchises to permanent public improvements. There seems to have been no later constitu- tional provisions on this matter since the adoption of this act (although Act 159 of 1912, as amended, Section 8, provides essentially the same dedication); the question, therefore, arises whether this provision of Act 6 of 1899 E.S. is a part of the Constitution of 1921 by virtue of the constitutional ratification contained in Article XIV, Section 23, page 329, lines 5–13. As mentioned in the statement above introduc- ing Act 6 of 1899 E.S., the question of what provisions are incorporated is postponed until analysis of the constitu- tional material on the Sewerage and Water Board; suffice it to say here that it is unlikely this would be held to be incorporated in the constitution, since it does not seem to have been one of the conditions of the taxpayers’ petition calling for the election on the two mill sewer and water tax. ACT 6 OF 1899 E.S., Section 5, p. 394. Although these provisions reciting the powers and duties of the Board of Liquidation in regard to sewerage, water, and drainage 104 Power to Taac and Borrow Vol. IV e O º Analysis Chap. 4 funds are obsolete as far as the two mill sewer and water tax and one percent debt tax are concerned, they have been extended by reference to the administration of certain other proceeds received by the Board of Liquidation for sewerage, Water, and drainage purposes under Article XIV, Section 24.9. By reason of this reference, it would seem that the Substance of the provisions of this section have present vitality. ACT 6 OF 1899 E.S., Section 6, p. 394. See the analysis of Act 110 of 1890 below, p. 111 ff., for a discussion of this reference. The provisions of this section expired under their OWn terms with the final retirement of the Public Improve- ment Bonds. The board, however, is continued for an in- definite time with the same powers and duties by similar grants of other constitutional provisions [principally Act 4 of 1916, Section 14 (Article XIV, Section 24) and Act 3 of 1927 E.S., Section 9 (Article XIV, Section 24.10)]. ACT 6 OF 1899 E.S., Section 7, p. 394. The comment made under Section 5 is also applicable here. ACT 6 OF 1899 E.S., Sections 8–23. These provisions concern principally the Sewerage and Water Board and will be considered in that connection in Chapter 5. ACT 6 OF 1899 E.S., Sections 24–29. Although these provisions concerning sewerage, water, and drainage funds are obsolete as far as the two mill sewer and water tax and one percent debt tax are concerned, they have in large part been extended by reference to the administration of pro- ceeds received from the two mill sewerage, water, and drainage construction tax (Article XIV, Section 23.1) and from the sale of sewerage, water, and drainage bonds (Article XIV, Section 24.9). See the comment on lines 20– 27 of Article XIV, Section 23.1 below. ACT 6 OF 1899 E.S., Sections 30–36. These provisions concern principally the Sewerage and Water Board and will be considered in that connection in Chapter 5. ARTICLE XIV, SECTION 23, p. 329, lines 13–44. These provisions concern only the Sewerage and Water Board and will be considered in that connection in Chapter 5. ARTICLE XIV, SECTION 23, p. 329, lines 45–50; ACT 19 OF 1906, pp. 419–422; ACT 116 OF 1908, p. 422; Amendments to the Constitution of 1898 proposed by Sections 11 and 12 of Act 19 of 1906 and 4 and 5 of Act 116 of 1908. These acts and amendments authorized the issuance of the “New Public Improvement Bonds” and provided for their service out of the excess proceeds of the two mill sewer and water tax and One percent debt tax. By the terms of the authoriza- tion, these bonds were to be retired by 1942, and this was done. Consequently the acts and amendments are obsolete. 105 §.", New Orleans Studies ARTICLE XIV, SECTION 23.1, p. 329. This section was added to the Constitution of 1921 by an amendment proposed by Act 197 of 1938. The amendment authorizes the levy of a special two-mill tax, the proceeds of which are to be “used solely and exclusively for the construction and extension of the sewerage, water and drainage system of the City of New Orleans and . . . deposited with the fiscal agent banks of the Board of Liquidation, City Debt, to the credit of a special fund called ‘Construction and Extension Fund of the Sewerage and Water Board.’” This tax, to be levied for 1942 and for fifty years thereafter, was designed to absorb the taxing differential left by the cessation of the levy of the two mill sewer and water tax levied until 1942 under Act 6 of 1899 E. S. Administration of the proceeds of this tax is generally to be in the same manner as under the 1899 legislation although there is some question as to the uses which may be made of the proceeds, a problem discussed below. It should be noted that Article XIV, Section 23.2 (added by amendment proposed by Act 533 of 1948) authorizes still another tax of three mills (maximum) similar in many respects to this two mill tax. ARTICLE XIV, SECTION 23.1, p. 329, lines 1–19. This paragraph authorizes the levy of the tax mentioned above. The requirement that the proceeds of the tax be turned over to the Board of Liquidation day by day as collected is a usual requirement where the board administers the pro- ceeds of a tax. Although the provision that the proceeds of this tax are to be “used solely and exclusively for the construction and extension of the sewerage, water and drainage system . . .” seems quite explicit when read by itself, some shadow of question as to the purposes for which the proceeds of the tax may be used is caused by the paragraph which follows providing that “All the pro- visions, conditions and limitations contained in Act No. 6 of the Extra Session of the then General Assembly of the State of Louisiana for the year 1899, and all laws amenda- tory thereof, affecting the use and expenditure of the residue or surplus remaining in the Public Improvement Fund shall apply to the use and expenditure of the pro- ceeds of said two (2) mills tax to be levied and collected under this amendment.” If the phrase “all laws amenda- tory thereof.” may be interpreted as including all subse- 106 Power to Taa, and Borrow Vol. IV {e Ols Analysis Chap. 4 quent constitutional amendments which in effect amended Act 6 of 1899 E. S. by changing the uses of the surplus of the Public Improvement Fund (amendments proposed by Acts 19 of 1908, 4 of 1916, 182 of 1924, and 3 of 1927 E. S.), then it would seem that the proceeds of this tax are subject to a primary dedication to the payment of interest on the principal of bonds which have been and, possibly, may be issued under Act 3 of 1927 E. S. and, possibly, Act 4 of 1916. There are several factors to be noted in support of this contention; they are that (1) this tax was presented to the voters as merely an “extension” of the two mill tax levied under Act 6 of 1899 E. S.; (2) the word “residue” used in conjunction with “surplus” in referring to the uses of funds of the Public Improve- ment Fund does not appear in Act 6 of 1899 E. S. at all but only in the subsequent constitutional amendments be- ginning with Act 4 of 1916; (3) Act 533 of 1948, propos- ing the addition of Section 23.2 to Article XIV, which authorizes the levy of another special three mill (maxi- mum) tax for sewerage, water, and drainage construction and extension purposes does not contain a similar pro- vision; and (4) the terms of the purpose as stated do not preclude the possibility of such use because they could quite possibly have been intended to include the payment of interest on the principal of bonds issued for construc- tion and extension purposes (as, for example, “construc- tion purposes” was used in the last sentence of Section 28 of Act 6 of 1899 E. S. as amended in limiting the uses of the old two mill sewer and water and one percent debt taxes which were by that enactment dedicated in part to paying interest on the Public Improvement Bonds). There is also strong argument that use of the tax is limited “solely and exclusively” to construction and exten- sion of the sewerage, water, and drainage system; among the arguments which may be made on this side are that (1) the specific language of the first paragraph is clearly definitive in outlining the purposes for which the tax pro- ceeds may be used; (2) the statement that the tax is to be levied “over and above all taxes now authorized to be levied by the City of New Orleans” implies that this is an entirely new and different tax, similar to the tax levied under Act 6 of 1899 E.S. only in limited respects; (3) the phrase “and all laws amendatory thereof.” includes only such amend- 107 Vol. IV tº č. 4. New Orleans Studies ments as have been made directly to Act 6 of 1899 E.S.; and (4) it should not be assumed or decided that a new tax was authorized to be levied to meet obligations for the payment of which tax levies had already been authorized [i.e., Article XIV, Section 24.4 (Act 3 of 1927 E.S., Sec- tion 3)]. As between these two interpretations it seems that the latter would be the one most likely to prevail in the event of dispute and consequently it has been followed in the Restatement. ARTICLE XIV, SECTION 23.1, p. 330, lines 20–27; ACT 6 oF 1899 E.S., “and all laws amendatory thereof.” (in part), pp. 400–411. As discussed above, there is question as to the scope of this incorporation. However, there are several pro- visions of Act 6 of 1899 E.S. which seem clearly to have been made applicable to the use and expenditure of the proceeds of this tax. These are set out in summary form below. Sec. 1, lines 17–20: Surplus used for “extending and completing” the sewerage, water, and drain- age system. (Superseded by statement of purposes in the amendment.) Sec. 5, lines 12–21: Funds paid over on warrant of Sewerage and Water Board, etc. (Substan- tially same provisions are set out as para- graph three of the amendment.) Sec. 24: Regulations of the manner in which con- struction work may be done, competitive bidding, etc. Sec. 25: No member of the Sewerage and Water Board may be interested in a construction contract with the board. Sec. 26, lines 1–18: Residents of the city must be used in construction work. Sec. 27: Procedure for apportioning surplus among sewerage, water, and drainage purposes. Sec. 28: Surplus may be used for construction pur- poses only and not for maintenance and operation. (Superseded by statement of pur- poses in amendment.) 108 Power to Taa; and Borrow Analysi Vol. IV 700lySQS Chap. 4 Sec. 29: No debt in excess of surplus on hand may be contracted; and construction revenues cannot be anticipated. Although Article XIV, Section 23.2 (added by an amendment proposed by Act 533 of 1948) authorizes the levy of another tax for the same purpose and under pro- visions identical in most respects with those of this section, no provision similar to that under discussion is there in- cluded. As mentioned above, there is ground for contending that the inclusion of the provision in the first amendment was intended to subject the proceeds of the two mill tax to use for debt purposes, but the better view seems to be that the omission of a similar provision in the 1948 amendment was unintentional. ARTICLE XIV, SECTION 23.1, p. 330, lines 28–36. This is the same procedure for handling sewerage, water, and drainage funds as provided for in Act 6 of 1899 E.S., Sec- tion 5. ARTICLE XIV, SECTION 23.1, p. 330, lines 37–41. This provision continued the Board of Liquidation during the collection of the tax authorized by this amendment (until 1991). There are several similar provisions in the present constitution continuing the Board of Liquidation, the most important of which are Article XIV, Section 24 (Act 4 of 1916, Section 14) and Article XIV, Section 24.10 (Act 3 of 1927 E.S., Section 9). ARTICLE XIV, SECTION 23.1, p. 330, lines 42–44. This merely declares the amendment to be self-operative. ARTICLE XIV, SECTION 23.2, p. 330. This section was added to the Constitution of 1921 by an amendment pro- posed by Act 533 of 1948. Under Act 110 of 1890, Section 7 and Act 6 of 1899 E.S., Section 1, a special one percent debt tax was authorized to be levied from 1892 through 1950. The proceeds of this tax were dedicated to meeting the bonded debt obligations of the city. After 1950 there is authorized to be levied instead a tax sufficient to meet the debt obligations of the city. It is estimated that the necessary tax for some years to come will be about seven mills. Consequently, the intended purpose of this amend- ment seems to have been to absorb, at least to the extent of three mills, the difference between the variable debt tax which is to be levied and the one percent debt tax previously 109 3.", New Orleans Studies levied [Constitutional Amendments—1948 (New Orleans: Bureau of Governmental Research, Inc., October 14, 1948), p. 5]. The provision is so drawn that the tax each year is to be the difference between these two, but not to exceed three mills, and to be used for sewerage, water, and drain- age construction purposes. There is question, however, as to whether this result is fully accomplished by this amend- ment; in this connection see the analysis of Act 4 of 1916, Section 15 below. ARTICLE XIV, SECTION 23.2, p. 330, lines 1–18. This paragraph is substantially the same as the first paragraph of Article XIV, Section 23.1 (lines 1–19). Therefore see the discussion above. ARTICLE XIV, SECTION 23.2, p. 331, lines 19–61. See the statement above introducing this section of the con- stitution. It seems likely that the reference made here to the taxes collected under Acts 4 of 1916 and 3 of 1927 E.S., was intended also to include that levied under Act 2 of 1930 E.S. (Article XIV, Sections 24.12–24.22). Act 2 of 1930 E.S., authorized the issuance of a single bond issue under terms and conditions varying in no particulars from bonds issued under the general terms of Act 4 of 1916 except that (1) no election by the taxpayers was required, (2) issuance of the bonds was not to be precluded by any debt limits, and (3) the obligations under the bonds were supported by a dedication of the proceeds of the one percent debt tax sub- sequent to and lower in rank than bonds issued under Act 4 of 1916. Although these bonds are often generally con- sidered as issued under Act 4 of 1916, deference to the fact that the authority for their issuance and for their service and retirement is by separate constitutional provision should have effected citation of their authority here. ARTICLE XIV, SECTION 23.2, p. 332, lines 61–69. This provision is identical with lines 28–36 of Article XIV, Sec- tion 23.1; therefore see discussion above. ARTICLE XIV, SECTION 23.2, p. 332, lines 70–74. This provision is identical with lines 37–41 of Article XIV, Sec- tion 23.1; therefore see discussion above. ARTICLE XIV, SECTION 23.2, p. 332, lines 75–77. This provision is identical with lines 42—44 of Article XIV, Sec- tion 23.1; therefore see discussion above. 110 Power to Taac and Borrow Vol. IV e O g Analysis Chap. 4 ARTICLE XIV, SECTION 24, pp. 332–341. The reason for grouping the amendments added to this section does not appear when reading the amended section. The section concerns the power of New Orleans to borrow money, to issue its bonds, and to tax. Before amendment, the section in the Constitution of 1921 consisted of ratification of Acts 110 of 1890 and 4 of 1916. Since Act 4 of 1916 sets out detailed provisions on borrowing, issuing bonds, and tax- ing, amendments have been necessary. Act 182 of 1924 for example is actually an amendment to Section 8 of Act 4 of 1916. Acts 178 of 1924, 205 of 1928, and 340 of 1916 have all been amendments to Section 12 of Act 4 of 1916. An understanding of this portion of the constitution de- pends upon familiarity with Act 4 of 1916 and Act 110 Of 1890. ARTICLE XIV, SECTION 24, p. 332, lines 1–14; ACT 110 OF 1890. This act authorizes the issuance of the Constitu- tional Bonds to consolidate the bonded debts of the city of New Orleans. Furthermore, it authorizes the levy of the one percent debt tax for fifty years from 1892 and provides many of the details of composition, organization, and powers of the Board of Liquidation which have been carried over in connection with later bond issues. Since the Constitutional Bonds have been retired, the act is of importance only in so far as its provisions have been ex- tended to later bond issues. ACT 110 OF 1890, Sections 1–6, pp. 383-385. These sections concern the issuance of Constitutional Bonds and the use of the proceeds from their sale. Since these pro- visions have been executed and the Constitutional Bonds have been retired, these sections are obsolete. ACT 110 OF 1890, Section 7, p. 385, lines 1–11. This is the first authorization of the one percent debt tax. From the proceeds of this tax, which was authorized to be levied until 1942, the general debt obligations of the city were to be met. This section is now obsolete. For a history of the one percent debt tax and the dedication of its proceeds, see the charts which form Exhibit VI at the end of Ap- pendix II of this part. ACT 110 OF 1890, Section 7, p. 385, lines 11–16. This requirement that the proceeds of the tax be paid over to the Board of Liquidation day by day as collected has also been extended to the variable tax levied after 1950 under the authority of Act 4 of 1916, Section 14 and Act 3 of 111 Vol. IV e &c. 4. New Orleans Studies 1927 E. S., Section 9. Otherwise, this provision appears to be obsolete. ACT 110 OF 1890, Section 7, p. 385, lines 16–28. This authorization to the Board of Liquidation to levy and collect the One percent debt tax if the city does not is specifically extended by Section 6 of Act 6 of 1899 E. S., to cover the levy of the one percent debt tax during the period 1942–50. Furthermore, Act 4 of 1916, Section 14, Act 2 of 1930 E. S., Section 9, and Act 3 of 1927 E. S., Section 9 extend this power of the board to the variable tax levied under these amendments after 1950. ACT 110 OF 1890, Section 7, p. 385, lines 28–37. It is not clear whether or not this authorization permitting the court to levy the tax if the board does not is carried over to the taxes authorized under Act 4 of 1916 and Act 3 of 1927 E.S. The language of these later acts carrying over this power is “said board shall with respect to all bonds authorized by this amendment be entitled to exercise all the rights and enforce the performance of all the obligations, the same as it is authorized to do under laws existing at the time of the adoption of this amendment with respect to any of the presently outstanding bonds of said city of New Orleans.” Thus, though it is clear that the board has the power to collect the tax if the city does not, the language is not so clear regarding the power of the court to collect the tax if the board does not do so. Unless the authorization to the board also carries with it the specific remedy set out in the law in case the board does not exercise its authority, this language does not carry over the particular authorization given to the court in this provision. In this regard, however, it should be noted that the remedies set out in Section 14 (i) and (j) of Article XIV of the constitution may be available in case the board does not levy the tax. It may be question- able whether or not the power of the board to levy and col- lect taxes is extended to the special taxes authorized under Act 197 of 1938 (Article XIV, Section 23.1) and Act 533 of 1948 (Article XIV, Section 23.2) since the language of these two amendments is not clear. It merely provides that “the Board of Liquidation, City Debt, as now organized and created, and with the powers, duties and functions pre- scribed by existing laws and by this amendment, shall be continued as long as said special tax is levied and collected under this amendment.” ACT 110 OF 1890, Section 8, p. 385. This section sets up the priorities on the proceeds of the one percent debt tax to be followed by the Board of Liquidation in disbursing the funds. The dedications here made were subsequently altered and supplemented by other constitutional amendments. All of these dedications are now obsolete. See the charts on these dedications in Exhibit VI at the end of Appendix II. 112 Power to Taac and Borrow A l o Vol. IV 700 ly SºS Chap. 4 ACT 110 OF 1890, Section 9, p. 385. The provisions of this section, which outline the procedure for retiring the Constitutional Bonds, are obsolete since these bonds have been retired. ACT 110 OF 1890, Section 10, p. 386. This provision was Superseded by Section 1 (p. 392, lines 14–19 in particular) of Act 6 of 1899 E.S. which lists the public improvements for which the surplus was to be spent. ACT 110 OF 1890, Section 11, p. 386, lines 1–3. Act 133 of 1880, here referred to, was not a constitutional amend- ment; consequently, the question arises as to the extent to which this statute is incorporated into the constitution by this reference. Is merely the composition of the board as provided for in the act incorporated, or are all of the pro- visions of the act pertinent to the organization and func- tions of the board incorporated? Fortunately, it would seem that there is no necessity for pursuing this problem to any definite conclusion due to the broad reference con- tained in Section 14 of Act 4 of 1916: “The Board of Liqui- dation, City Debt, as now organized and created and with the powers, duties and functions prescribed by existing laws and by this amendment, shall be continued while any bonds authorized by this amendment are outstanding and unpaid. . . .” This provision seems sufficiently broad to give constitutional status to those provisions of Act 133 of 1880 not incorporated under the reference in this section, but not inconsistent with the other provisions of Act 110 of 1890. In the analysis of Act 133 of 1880 all of the provisions concerning the organization, powers, and duties which are not inconsistent with those of Act 110 of 1890 will be con- sidered as part of the constitution. ACT 110 OF 1890, Section 11, p. 386, lines 1–3; ACT 133 of 1880 as amended by ACTS 81 of 1882, 67 of 1884, and 128 of 1890. Since the reference is to the board, “estab- lished by Act 133 of the Acts of 1880, as now constituted,” i.e., in 1890, amendments as of this date are here taken into consideration, although no basic change in the board and its functions was effected by them. ACT 133 of 1880 as amended, Section 1, p. 377. These lines provide for appointment of members of the Board of Liquidation. Though the provisions for the initial appointment of members are obsolete, the basic provisions of this section are still effective. Under them the board now consists of six “syndicate” mem- bers, who are appointed for life and fill vacancies in their own number, and of three members of the city administration serving ex officio. ACT 133 of 1880 as amended, Section 2, p. 377. (As last amended by Act 128 of 1890, Section 2, page 113 §.", New Orleans Studies 382.) The bonds authorized to be issued by this sec- . º been retired and therefore the section is obsolete. ACT 133 of 1880 as amended, Section 3, p. 377. (As last amended by Act 128 of 1890, Section 2, page 382.) The duties outlined in this section have been executed and it is therefore obsolete. ACT 133 of 1880 as amended, Section 4, p. 378. The penalty here authorized seems to be concerned ex- clusively with the use of funds issued under this par- ticular statute; therefore it is unlikely that it is ex- tended to other duties of the board. Consequently since the duties with which the penalty is connected have long since been executed, the section is obsolete. ACT 133 of 1880 as amended, Section 5, p. 378. (As last amended by Act 67 of 1884, Section 3, p. 380). Whether the provisions of this section have any vitality today is a debatable question. For a discussion of this question, see footnote number 7 of Chapter 5, page 286 of the monograph, Municipal Bond Issuance and Ad- ninistration by the City of New Orleans, included as Appendix II. Suffice it to say that the importance of these provisions lies in the property which the board E. holds by virtue of them. The rights of the oard to this property are reaffirmed by Section 14 of Act 4 of 1916. Section 1 of Act 81 of 1882, page 381, which also amends this section, was superseded by Act 114 of 1896 (which was in turn superseded by Act 6 of 1899 E.S., Section 4) and is obsolete. ACT 133 of 1880 as amended, Section, 6, p. 378. This section outlines duties which have been executed and is obsolete. ACT 133 of 1880 as amended, Section 7, p. 378. This penalty applies in terms only to the board in its administration of the funds accumulated under this act. It might be argued that it was extended to subse- quent funds placed under the administration of the board. It seems unlikely, however, that such a con- struction would be placed upon a penalty clause in view of the strict construction usually applied to such clauses. The provision is, nevertheless, included in the Restatement for the purpose of completeness. ACT 133 of 1880 as amended, Sections 8–9, p. 378. These sections, which assigned to the board duties in connection with the funds secured under the statute, have been executed and are obsolete. ACT 133 of 1880 as amended, Section, 10, p. 379. All of the provisions of this section were duplicated in Substance in Section 11 of Act 110 of 1890. 114 Power to Taac and Borrow o Vol. IV Analysis Chap. 4 ACT 133 of 1880 as amended, Section 11, p. 379. This provision was superseded by Sections 7 and 18 of Act 110 of 1890. ACT 133 of 1880 as amended, Section 12, p. 379. This is a repealing clause which is now obsolete. ACT 110 OF 1890, Section 11, p. 386, lines 3–7. These provisions regarding the Board of Liquidation are still in force. Though by the terms of this provision the existence of the board is continued only until 1943, the board has been given further existence by subsequent amendments [Act 4 of 1916, Section 14 (Article XIV, Section 24) and Act 3 of 1927 E.S., Section 9 (Article XIV, Section 24.10); See also Act 197 of 1938 (Article XIV, Section 23.1) and Act 533 of 1948 (Article XIV, Section 23.2)]. ACT 110 OF 1890, Section, 11, p. 386, lines 7–29. These provisions have also been given continuing application by the amendments cited in the comment above. The provi- sion as to the salary of the Secretary, however, seems to have been changed by Section 24 of Article XIV of the Con- stitution of 1921, which provides simply that the board shall fix the salary of the secretary. ACT 110 OF 1890, Section 12, p. 386. The provisions of this section would seem to be still in effect under the amend- ments cited in the comment second above. There is a question as to the meaning of the term “board” as used in this provision. Does it apply only to “syndicate” members, or does it include ex officio members also 2 See the comment on Section 13 which follows. ACT 110 OF 1890, Section 13, p. 387. It would seem that this provision is still in effect under the amendments cited in the comment third above; provided, the provisions of the Subsequent legislation can be construed so as to allow holders of bonds other than the Constitutional Bonds to sign the application here contemplated. The Constitutional Bonds have been fully retired. There is a question, however, as to the members in- cluded in the term “Board” as used in this provision. The use of this ambiguous term in regard to filling vacancies is particularly confusing. Section 1 of Act 133 of 1880 (see comment on Section 11 above) provides that vacancies in “syndicate” memberships are to be filled by the remaining syndicate members; this is followed in practice. The pro- vision under discussion is to the effect that the “board” (i.e., all members, including ex officio members) are to vote in filling vacancies. Is there a conflict? If so, which pro- vision should dominate? The question is not settled by jurisprudence. ACT 110 OF 1890, Sections 14–19, p. 387. All of these sections are of a temporary character and are obsolete. 115 Vol. IV gº &iº, New Orleans Studies ARTICLE XIV, SECTION 24, p. 332, lines 1–14; ACT 4 OF 1916 as amended by ACT 51 OF 1920. This act constitutes the basic authority under which the city of New Orleans issues its general revenue bonds, administers its debt, and taxes for general municipal and debt purposes. The act was originally added in full to the Constitution of 1913 by amendment, and was carried over into the Constitution of 1921 by this reference. Due to the incorporation of this act by reference, many amendments to the constitution have been required. A summary statement of the amendments that have been added to the constitution and the sections of Act 4 which they have changed follows. 1. Sections 4, 5, and 6 of Act 4 of 1916 constitute the “exclusive” authority of the city to issue bonds without further constitutional mandate (Section 12: “Except as otherwise provided in this amendment, the city of New Orleans shall not borrow money, issue bonds, notes or other evidences of indebtedness or pledge its credit or anticipate the collection of any of its taxes.”). The bonds are serviced from ad valorem taxation (Sections 7 and 8). One of the effects of these provisions seems to have been to require or at least to result in the addition of special constitutional authorization for each issue of revenue bonds—i.e., bonds serviced primarily out of the revenues of revenue-produc- ing utilities—issued by the city. Some of these special au- thorizations were originally placed in the Constitution of 1921; but for the most part they have been entered by constitutional amendment. The following is a list of these authorizations. Constitutional Source Citation Purpose Constitution of 1921 XIV, 27 For maintaining the Public Belt Railroad system— $5,000,000 Act 45 of 1938 XIV, 27 Same—continuing authority, but not to exceed $500,000 outstanding at any one time Act 391 of 1940 XIV, 27 Same—refunding bonds— $2,000,000 Constitution of 1921 XIV, 28 For constructing and main- taining the Mississippi River Bridge—$15,000,000 116 Power to Taa, and Borrow { } Vol. IV Analysis cº, Constitutional Source Citation Purpose Act 154 of 1928 XIV, 28 Same — above authorization increased to $20,000,000 Act 315 of 1944 XIV, 28 Continuing authorization for replenishing Public Belt Rail- road Commission's funds — “Bridge Fund Bonds” Act 148 of 1932 XIV, 31.1 For establishing a public ferry system—$750,000 Act 385 of 1938 XIV, 31.3 For constructing the Union Passenger Station— $15,000,000 Act 541 of 1948 XIV, 31.4 For refunding mortgage bonds and notes on the Upper Pontalba Building—$157,500 and interest on old notes and mortgages 2. Several other amendments to the constitution may also be traced to the provisions of Sections 4, 5, and 6 of this act. The procedure to be followed in securing authori- zation on bond issues was changed by Act 3 of 1927 E.S. (adding Section 24.2–24.11 to Article XIV) with regard to those bonds issued for sewerage, water, and drainage con- struction purposes by requiring ratification of the Sewerage and Water Board in addition to that of the Board of Liqui- dation required by the 1916 amendment. This amendment also sets a special five percent debt limit on bonds issued for these purposes and provides that these bonds are to be included in the ten percent general debt limit established by Section 13 of Act 4 of 1916. Without this provision there would have been considerable question as to whether or not bonds issued under this amendment should be excluded in computing the ten percent debt limit because of the excep- tions made in Section 13 of Act 4 of 1916 in regard to bonds issued for sewerage, water, and drainage purposes and for “water supply.” Part of the requirement for securing au- thority for issuing bonds under Section 4 of Act 4 of 1916 is approval by the taxpaying electors of New Orleans. This requirement was dispensed with in regard to a 1930 bond issue by adding an amendment to the constitution (Act 2 of 1930 E.S., adding Section 24.12–24.22) specially au- thorizing the bond issue. The provisions of this bond au- thorization differ from the provisions of Act 4 of 1916 also in that (1) the issuance of the bonds was declared not to be 117 Vol. IV º či.e., New Orleans Studies, limited by the debt limit provided for in Section 13 of Act 4 of 1916; and (2) there was included a section designed to change Section 5 of Act 4 of 1916. Section 5 authorized the issuance of bonds for certain enumerated emergency purposes. Section 11 of Act 2 of 1930 E.S. (Article XIV, Section 24.22) enumerates several other emergency pur- poses for which such bonds may be issued. 3. Section 8 of Act 4 of 1916 provides the detailed dedications of the proceeds of the one percent debt tax and for the distribution of the residue of the proceeds re- maining after providing for debt obligations. Act 182 of 1924, amending Article XIV, Section 24, specifically amends this section of the incorporated act for the purpose of clarifying some confusion as to the priorities of dedica- tions and for making a different distribution of the residue remaining after meeting debt obligations. 4. Section 12 of Act 4 of 1916 sets out the “exclusive” power, procedure, etc., by which New Orleans is to issue notes and certificates of indebtedness and tax anticipation certificates. This provision has been changed by three amendments to the constitution. These are the amendments proposed by Acts 178 of 1924, 205 of 1928, and 340 of 1936, all of which amend, by adding to, Article XIV, Section 24. 5. Section 15 of Act 4 of 1916 sets out the limitation on taxation for all municipal purposes except public school purposes. This provision has been the cause of the inclusion of two special tax provisions in the Constitution of 1921 and three subsequent amendments. They are the following: Constitutional Source Citation. Purpose Constitution of 1921 X, 10 Special tax (one-fifth mill) for establishing and main- taining a zoological garden Constitution of 1921 XIV, 25 Special tax (two mills) for police and fire departments Act 260 of 1928 XIV, 25 Increase police and fire de- partment tax to three mills Act 197 Of 1938 XIV, 23.1 Special tax (two mills) for sewerage, water, and drain- age construction and exten- Sion purposes Act 533 Of 1948 XIV, 23.2 An additional special tax (not to exceed three mills) for sewerage, water, and drainage construction and ex- tension purposes 118 Power to Taac and Borrow A lusi Vol. IV 700 ly SºS Chap. 4 6. Sections 17 and 18 of Act 4 of 1916 authorize the taxes to be levied by the Orleans Parish School Board and prohibit it from capitalizing certain of its revenues into bonds and from using them for capital improvements. This provision was changed in 1920 by Act 51, a constitutional amendment. The change was brought into the Constitution of 1921 as Section 16 of Article XII, and Act 51 of 1920 was incorporated into Section 24 of Article XIV. Portions of the pertinent Sections of Act 4 of 1916 seem to be still in force. Since the writing of the Constitution of 1921, two amendments have been made to Section 16 of Article XII by Acts 264 of 1926 and 537 of 1948. From the above re- citals, it may be seen that Act 4 of 1916, a part of the con- stitution which appears in the document by name only, has caused the addition of eighteen amendments to the con- stitution. These lengthy amendments constitute about forty-five pages of the latest constitution printed by the secretary of state and contribute materially to its hodge- podge construction. ACT 4 of 1916 as amended, Section 1, p. 449. The bonds authorized to be issued under this provision have been issued, and are, for the most part, presently out- standing. ACT 4 of 1916 as amended, Sections 2–3, p. 449. These directions for the use of the proceeds of the bonds issued under Section 1 have been executed and are therefore obsolete. ACT 4 of 1916 as amended, Section 4, p. 450. This provision is the authority under which New Orleans issues its bonds for general municipal purposes. This procedure by which the city secures authorization for bond issues varies from that prescribed for other municipalities [Constitution Article XIV, Section 14 (a)] principally in that approval by three-fourths of all the members of the Board of Liquidation, City Debt is required. ACT 4 of 1916 as amended, Section 5, p. 450. This provision authorizing New Orleans to issue bonds for emergency purposes (without approval by the tax- payers but with approval of the Board of Liquidation) is supplemented by Act 2 of 1930 E.S., Section 11 (Article XIV, Section 24.22) which adds “riot or emergency expenditures for preservation of law and order” to the list of reasons for issuing such bonds. ACT 4 of 1916 as amended, Section 6, p. 450. This provision authorizing the issuance of refunding bonds 119 Vol. HV e &e. 4 New Orleans Studies for any bonds outstanding in 1916 is still in effect. How- ever, the application of this authorization is very lim- ited in view of the fact that the only outstanding bonds which now fall under its terms (i.e., bonds outstanding in 1916) are the Court House Bonds ($127,000 out- standing, June 30, 1953), which will mature in 1955. After the retirement of these bonds, this authorization will expire under its own terms. ACT 4 of 1916 as amended, Section 7, p. 450, lines 1–3. This is simply a declaration that the bonds issued under the provisions of this amendment are “full faith and credit” obligations of the city of New Orleans. One of the most important implications of such a charac- terization generally is that such bonds are backed by unlimited ad valorem taxation. Special provision, how- ever, is made in this section for taxing to repay indebt- edness incurred under this amendment. ACT 4 of 1916 as amended, Section 7, p. 451, lines 4–21. This provision dedicates a portion of the pro- ceeds of the one percent debt tax to the payment of interest and principal of the bonds issued under this amendment. Although this dedication originally did not extend beyond 1942, it was in practice continued until 1950. See the comment on Section 8 below and the detailed history of the dedications of this tax which forms Exhibit VI at the end of Appendix II. ACT 4 of 1916 as amended, Section 7, p. 451, limes 21–25. This provision authorizes unlimited ad valorem taxation for meeting the obligations of the city under bonds issued under this amendment after the expiration of the authorization for levying the special one per- cent debt tax (1950). Since there are several issues of bonds outstanding under this amendment, and more may be issued under the continuing authority, this pro- vision is very important. This tax may be collected by the Board of Liquidation if the Commission Council does not do so [see Act 4 of 1916, Section 14 recogniz- ing a power of the board concerning outstanding bonds at the time of the amendment—particularly the Public Improvement Bonds and Constitutional Bonds; see also Woulfe v. Morrison, 212 La. 1032, 34 So.. (2d) 251 (1948)]. ACT 4 of 1916 as amended, Section 8, p. 451. The purpose of this section was to recognize the dedications of the one percent debt tax and special two mill sewer and water tax then in existence and to clarify the posi- tion in the priorities of the obligations of the bonds issued under this amendment. See the history of these dedications which forms Exhibit VI at the end of Ap- pendix II. This section of the amendment was 120 Power to Taa: and Borrow Vol. IV tº Ols Analysis Chap. 4 specifically amended by an amendment to Article XIV, Section 24, of the Constitution of 1921, added by Act 182 of 1924. Consequently this constitutional amendment is analyzed here. ACT 4 of 1916 as amended, Section 8, as a memoled by ACT 182 of 1924 (amending Article XIV, Section 24), pp. 332–333, lines 1–76. The purpose of this amendment was to dedicate to Sewerage, water, and drainage construction purposes a part of the residue remaining after meeting the debt obligations to which the proceeds of the one percent and two mill taxes were primarily dedicated. See the history of the dedi- cation of these taxes which forms Exhibit VI at the end of App en di x II. The dedications here made expired in 1942. However, the y were followed as a matter of practice after that year until 1950. Act 6 of 1889 E.S. dedicated the one percent debt tax to the retirement of the principal of the Public Improve- ment Bonds after 1942. It was evidently contemplated that after 1942 another special tax would be levied to meet the obligations of the bonds issued under Acts 4 of 1916 and 3 of 1927 E.S. A plan was adopted, how- ever, by the holders of Public Improvement Bonds whereby these bonds were retired over the period be- tween 1942 and 1950 instead of at the greatest rate possible using the entire proceeds of the one percent debt tax [upheld in Reuther v. New Orleans, 201 La. 209, 9 So.. (2d) 523 (1942)]. Consequently it was not necessary to levy an additional tax during this period to meet the bond obligations under Acts 4 of 1916 and 3 Of 1927 E.S. ACT 4 of 1916 as amended, Section 8, as amended by ACT 182 of 1924 (amending Article XIV, Section 24), p. 333, lines 77–92. See the comments on these provisions on page 127. - ACT 4 of 1916 as amended, Section 9, p. 451. The first paragraph of this section is obsolete by virtue of . the departure from the gold standard. The remaining provisions have continuing application to the bonds issued under this amendment. ACT 4 of 1916 as amended, Sections 10–11, p. 452. These sections set out the terms under which and the manner in which the bonds authorized by this amend- ment are to be issued and sold. ACT 4 of 1916 as amended, Section 12, p. 452, limes 1–25. This portion of the section seems to have been Superseded by the amendment to Section 24 of Article XIV of the constitution proposed by Act 340 of 1936. The subject matter concerned is discussed below in connection with that portion of the constitution. 121 §.", New Orleans Studies ACT 4 of 1916 as amended, Section 12, p. 452, lines 25–48. This portion of the section seems to have been Superseded by the amendment to Section 24 of Article XIV of the constitution proposed by Acts 178 of 1924, 205 of 1928, and 340 of 1936. The subject matter con- cerned is discussed below in connection with that por- tion of the constitution. ACT 4 of 1916 as amended, Section 13, p. 453. This Section establishes the constitutional debt limit applica- ble to New Orleans. It should be noted that there is also a special five percent limit on bonds of the city issued for sewerage, water, and drainage purposes under Act 3 of 1927 E.S. (Section 2—Article XIV, Section 24.3). The provision excluding from the com- putation of the ten percent debt limit “bonds issued for Sewerage, water, and drainage purposes (namely, the $12,000,000 Public Improvement Bonds issued under said Act No. 6 of 1899 and the $8,000,000 New Public Improvement Bonds issued under Act No. 19 of the General Assembly of the State of Louisiana for the year 1908, and acts amendatory thereof and supple- mental thereto, as well as such bonds, hereby or here- after authorized, into which the aforesaid bonds or any part thereof may be refunded)” is apparently obsolete because the specific bond issues referred to have been retired and because Act 3 of 1927 E.S., Section 3 (Ar– ticle XIV, Section 24.4) provided that bonds issued for Sewerage, water, and drainage purposes are to be included in computing the ten percent debt limit. Also, it seems likely that the 1927 amendment had the effect of eliminating the exclusion of “bonds issued for water supply.” ACT 4 of 1916 as amended, Section 14, p. 453, lines 1–7. By this provision the Board of Liquidation is given continued existence during the term of any bonds then (1916) outstanding and any bonds issued subse- quently under authority of this amendment. For an analysis of the organization and principal powers, duties, and functions here recognized and extended see the analysis of Act 110 of 1890 above. ACT 4 of 1916 as amended, Section 14, p. 453, lines 7–11. The principal power of the board here contem- plated evidently is the power of the board set out in Section 7 of Act 110 of 1890 to levy and collect the ad valorem taxes necessary to meet bond interest and principal payments. See the analysis of Section 7 of Act 110 of 1890 above. ACT 4 of 1916 as amended, Section 14, p. 453, lines 11–20. See the comment above on a similar provision, 122 Power to Taac and Borrow Vol. IV e Ols Analysis Chap. 4 Section 5 of Act 133 of 1880, as amended, footnote number 7, Chapter 5, page 286 of the monograph, Municipal Bond Issuance and Administration by the City of New Orleans, which is included as Appendix II. ACT 4 of 1916 as amended, Section 15, p. 453, lines 1–5. This is the authority under which New Orleans levies its “alimony” tax. While the tax levied under this authorization for “general municipal purposes” (“exclusive of the support and maintenance of the pub- lic schools and the payment of the bonded debt”) is limited to six and one-half mills, other constitutional provisions supplement this authorization by allowing additional ad valorem taxes to be levied by the city for particular purposes. These further tax authorizations are the following: Constitutional Millage Citation Purpose 3 XIV, 25 (as amended by Police and fire (maximum) Act 260 of 1928) protection 2 XIV, 23.1 (added by Act Sewerage, water, and 197 of 1938) drainage construction and extension purposes 3 XIV, 23.2 (added by Act Sewerage, water, and (maximum) 533 of 1948) drainage construction and extension purposes 1/5 X, 10 Establishing and main- (maximum) taining a zoological garden By its terms this authorization excludes taxes levied for debt and school purposes. Consequently, the fol- lowing tax authorizations are not included in the com- putation. Constitutional Millage Citation Purpose Variable accord- XIV, 24 (Act 4 of 1916, Bonded debt service ing to demand Sec. 7); 24.5 (Act 3 of and retirement (now about 7 1927 E. S., Sec. 4); mills) and 24.16 (Act 2 of - 1930 E. S., Sec. 5) 10 XII, 16 (as amended by Public school operation, (maximum) Act 537 of 1948) etc. 5 Same Same (approval of (maximum) property taxpayers required) While these are the taxes authorized to be levied by the city (in the case of the school taxes, upon certifi- 123 §.", New Orleans Studies cation to the Commission Council by the Orleans Parish School Board), there is also constitutional authority for the levy upon the property taxpayers of New Orleans of taxes for levee purposes. These taxes are levied by the Board of Levee Commissioners of the Orleans Levee District. Constitutional Millage Citation Purpose 5 XVI, 2 Levee construction and (maximum, un- maintenance less greater taxa- tion approved by the property tax- payers) 1 XVI, 9 (added by Act 2 Payment of reparations (maximum) of 1927, E. S.) claims for 1927 Caer- narvon Levee Break ACT 4 of 1916 as amended, Section 15, p. 453, lines 5–13. The original purpose of this authorization was to allow an additional tax levy for general municipal purposes after the expiration of the authority for levy- ing the one percent debt tax (1950). However, in 1948, by Act 533, an amendment to the constitution, adding Section 23.2 to Article XIV (see analysis of this sec- tion above), a maximum levy of three mills to be ascer- tained in the same manner as the tax here authorized was dedicated to the sewerage, water, and drainage construction and extension purposes. The exact effect of this amendment on the tax here authorized is uncer- tain. Although it was intended that the effect of the amendment would be to dedicate the levy here allowed to the specific purpose of sewerage, water, and drain- age construction and extension purposes [Constitu- tional Amendments—1948 (New Orleans: Bureau of Governmental Research, Inc., October 14, 1948), p. 5], the amendment as drafted seems subject to two inter- pretations. The first is that the dedication of the tax to sewerage, water, and drainage construction purposes supersedes the power of the city to levy the tax for gen- eral municipal purposes; the second interpretation is that the special tax to be levied for sewerage, water, and drainage purposes does not preclude the city from levying the tax here authorized for general municipal purposes, and that the references made in the 1948 amendment to the provisions of this section are merely for the purpose of establishing the standard by which the amount of the sewerage, water, and drainage tax is to be determined. There are four possible variations of the first interpretation. The first of these is that the 124 Power to Taac and Borrow º Vol. IV Analysis Chap. 4 1948 amendment effected a complete repeal of this 1916 provision so that an entirely new disposition must be made in regard to the utilization of this tax source after fifty years. The second is that the 1948 amend- ment merely suspended the operation of this 1916 pro- vision for fifty years, so that at the end of that term, this provision will function. The third and fourth are that the city may levy under either of the above varia- tions a tax for general municipal purposes in addition to the six and one-half mill tax equal to the difference between ten mills and the amount levied for debt pur- poses (if it be below seven mills) plus the three mills (maximum) levied for sewerage, water, and drainage construction and extension purposes. If the second possible interpretation is followed, the city can now (after 1950) levy not only the special three mill sew- erage, water, and drainage construtcion and extension tax but also a tax for general municipal purposes in addition to the six and one-half mill tax equal to the difference between ten mills and the levy required by bonded debt service. It seems likely that the interpreta- tion intended by the amendment is the fourth variation Of the first interpretation discussed above; that is, that the authorization was intended merely to supplant to the extent of three mills for a period of fifty years the power of the city to levy a tax for general municipal purposes, in addition to the six and one-half mill levy, equal to the difference between sixteen and one-half mills and six and one-half mills plus the necessary debt tax levy. Thus, if the debt requirement for any one year is only six mills, it would seem that the distribu- tion should be made as follows: Tax limit (mills).....------------------------------. 161/3 Normal tax for general municipal purposes ------------------------------------------ 61% Tax for debt purposes............................ 12% 4 Less: tax for sewerage, water, and drainage construction and exten- sion purposes (maximum) ...--------- 3 Tax amount available to city for gen- eral municipal purposes.--------------- 1 This interpretation has been followed in preparing the Restatement. ACT 4 of 1916 as amended, Section 16, p. 454. As the language of this section indicates, a repeal of Sec- 125 Vol. IV & či.e. 4. New Orleans Studies tion 40 of Act 159 of 1912 is here effected in so far as the retention by New Orleans of twenty percent of its revenues is concerned. ACT 4 of 1916 as amended, Sections 17–18, p. 454. Section 17 was amended by Act 51 of 1920, section 1, pages 456 and 457. In the Constitution of 1921 both Sections 17 and 18 seem to have been superseded by Section 16 of Article XII, which was amended by Act 537 of 1948 (see page 327.) ACT 4 of 1916 as amended, Section. 19, p. 455, lines 1–4. These provisions seem to have been superseded by the constitutional enactments mentioned immedi- ately above. ACT 4 of 1916 as amended, Section. 19, p. 455, lines 4–35. The provisions of the remainder of this section apparently have not been superseded by the constitu- tional enactments mentioned above or any other con- stitutional provisions or amendments. Consequently, it seems that they are still applicable to the Orleans Parish School Board. ACT 4 of 1916 as amended, Section 20, p. 455. This provision still seems to be in effect. In Bowman v. Board of Commissioners of the Fire Department of New Orleans, 145 La. 793, 83 So. 14 (1919), this pro- vision was construed by the supreme court to include only such boards as are “created by or under the au- thority” of the Commission Council, and the Fire Com- mission was found to be a legislative creature. The first paragraph of Act 340 of 1936 amending Section 24 of Article XIV of the constitution (p.336, lines 225– 230) rectified this situation by specifically placing this body and the Police Board under provisions of that amendment similar to those included in Act 4 of 1916. Further change was accomplished in this situation with the amendment of the New Orleans charter (Act 159 of 1912) by Act 301 of 1946. By this amendment the Police Board and Fire Commission were eliminated and these departments were placed under the control of the Commission Council. Also, amendment of Sec- tion 4 (j) of the charter authorized the Commission Council to take over all boards and commissions exer- cising municipal functions in New Orleans except for the constitutional boards and commissions. Thus, the . of this provision has been considerably broad- €IleCl. ACT 4 of 1916 as amended, Section 21, p. 455, lines 1–3. This provision merely declares the amend- ment to be self-operative. ACT 4 of 1916 as amended, Section 21, p. 455, lines 4–18. This provided for the submission of the 126 Power to Taa, and Borrow Vol. IV º Ole Analysis Chap. 4 act as a constitutional amendment. The amendment was submitted and adopted and therefore, this provision is obsolete. ARTICLE XIV, SECTION 24, p. 332, lines 1–14; Constitu- tion of 1879, Article 271 (added by Joint Resolution 110 of 1890), p. 375. This amendment merely restated the prin- cipal aspects of Act 110 of 1890 (erroneously referred to as “No. 36” in the amendment). Since all of the Constitutional Bonds have been retired, the amendment is now obsolete. ARTICLE XIV, SECTION 24, p. 332, lines 1–14; Consti- tution of 1913, as amended by Act 4 of 1916. Act 4 of 1916 in its entirety was added by the amendment to the Con- stitution of 1913. This act is analyzed above. ARTICLE XIV, SECTION 24, p. 332, lines 14–76. This amendment is analyzed above in connection with Section 8 Of Act 4 of 1916. ARTICLE XIV, SECTION 24, p. 333, lines 77–92. The constitution of Louisiana published by the secretary of state includes this material within quotation marks as though it were part of Section 8 of Act 4 of 1916 as amended by Act 182 of 1924. Actually, the quotation marks were not included in the amendment so that these provisions should appear only as part of Section 24 of Article XIV and not as part of the amendment of Section 8 of Act 4 of 1916. They are so considered here. ARTICLE XIV, SECTION 24, p. 333, lines 77–80. It is not clear exactly what particular “limitations imposed by other provisions of this Constitution upon the authority of the City of New Orleans” were here contemplated. ARTICLE XIV, SECTION 24, p. 333, lines 80–82. By Sec- tion 11 of Act 110 of 1890 the Board of Liquidation was authorized to appoint a secretary and to fix his salary— “not to exceed thirty-five hundred ($3500) per annum. . . .” In view of this specific provision of Act 110 of 1890 which is made a part of the Constitution of 1921 by the first clause of the section here under consideration, it would seem that the purpose of the reference here to the power of the board to fix the salary of its secretary is to eliminate the maximum limit of $3500. ARTICLE XIV, SECTION 24, p. 333, lines 83–92. This provision allowing the issuance of registered bonds as well as coupon bonds is obsolete because the Constitutional Bonds have been retired. 127 Vol. IV * ë. 4. New Orleans Studies ARTICLE XIV, SECTION 24, pp. 334–341, lines 98–463. This material, which concerns the issuance of paving cer- tificates and tax anticipation warrants and certificates, was added to the constitution by three constitutional amend- ments proposed by Acts 178 of 1924 (pp. 334–335, lines 93– 156), 205 of 1928 (p. 335, lines 157–220), and 340 of 1936 (pp. 336–341, lines 221–463). These amendments were added to the text of Section 24, Article XIV of the constitu- tion because they are, in effect, amendments of Section 12 of Act 4 of 1916, which is a part of this section, as dis- cussed above. Section 12 of Act 4 of 1916, when made a part of the constitution by the incorporation contained in Article XIV, Section 24, established limitations upon the power of New Orleans to anticipate the collection of its taxes and set up the basic principles under which the city was to issue paving certificates. Thus when change in these provisions was desired, constitutional amendment was necessary. The first amendment of this section was pro- posed by Act 178 of 1924. The principal changes which this amendment made over Section 12 of Act 4 of 1916 were (1) to change the limit on the amount of paving certificates which might be outstanding from $5,000,000 to $15,000,000; (2) to allow even this limit to be exceeded upon a two-thirds vote of the Commission Council concurred in by a three- fourths vote of the Board of Liquidation; and (3) to re- Quire the Commission Council annually to appropriate $400,000 for the payment of the city's proportion of the cost of paving streets and roadways. The second amendment, proposed by Act 205 of 1928, made two changes in the 1924 amendment; they were (1) to authorize the issuance of “street widening and straightening, lighting and tree plant- ing” certificates in addition to paving certificates, and (2) to allow the $15,000,000 limit to be exceeded by the vote of two-thirds of the Commission Council without concurrence of the Board of Liquidation, City Debt. The effect of the third amendment, which was badly drafted, on the prin- ciples applicable to public improvement certificates is not clear. This amendment follows the language of Section 12 of Act 4 of 1916 very closely. Instead of the several types of public improvement certificates authorized to be issued under the 1928 amendment, Act 340 of 1936 authorizes by its terms only the issuance of “paving certificates.” No specific limit is set upon the amount of certificates which 128 Power to Taac and Borrow i.e. VoI. IV Analysis Chap. 4 may be outstanding at any one time; rather, it is provided that they may not be outstanding “in excess of the amount authorized by existing laws.” And, the provision found in the 1924 and 1928 amendments requiring the city to set aside $400,000 each year for the payment of the city’s pro- portion of the cost of paving streets and roadways is not included in the amendment. The last sentence in the section on paving certificates provides that “Nothing herein con- tained shall be construed as altering or affecting the pro- visions of Section 24 of Article XIV of the Constitution of the State of Louisiana as amended.” What effect this sen- tence was meant to have is not clear. It seems likely, how- ever, that the provisions of this amendment on public im- provement certificates were considered by the drafters of the amendment to be of secondary importance and were in- cluded only for the purpose of presenting a thorough revi- sion of Section 12 of Act 4 of 1916. The amendment is for the most part concerned with the establishment of new principles governing the anticipation of the revenues of the city. Consequently, it would seem that the 1928 amendment should be considered as containing the most recent constitu- tional provision on the subject of paving certificates. In addition to public improvement assessment certificates the amendment also concerns (1) the manner and conditions under which loans for the payment of current expenses are to be negotiated, (2) the authorization of New Orleans to borrow money in anticipation of its revenues and to give notes and other evidences of indebtedness therefor, and (3) the authorization of New Orleans to issue nego- tiable tax anticipation certificates or warrants against designated taxes. It was necessary to add these provisions as a constitutional amendment because of the language of Section 12 of Act 4 of 1916 to the effect that “Except as otherwise provided in this amendment, the City of New Orleans shall not borrow money, issue bonds, notes or other evidences of indebtedness or pledge its credit or anticipate the collection of any of its taxes” and the provisions of that section dealing with the anticipation of the collection of taxes. ARTICLE XIV, SECTION 24, pp. 334–335, lines 93–156. This material was added as an amendment upon proposal by Act 178 of 1924. Its purpose, as mentioned above was to amend Section 12 of Act 4 of 1916, which is incorporated 129 §.", New Orleans Studies as part of the constitution by Section 24 of Article XIV. A subsequent amendment, proposed by Act 205 of 1928 and considered below, covers the same subject matter and is probably the controlling law on the subject; the provisions of this amendment are considered by references contained in the analysis of the 1928 amendment below. ARTICLE XIV, SECTION 24, p. 335, lines 157–220. This material was added to the constitution by an amendment proposed by Act 205 of 1928 and seems to supersede the 1924 amendment above noted and establishes the principles recognized in the amendment added by Act 340 of 1936. References will be made to both the 1924 and 1936 amend- ments below. ARTICLE XIV, SECTION 24, p. 335, lines 157–186. Under Act 178 of 1924 only the issuance of paving certificates is authorized. Under this amendment “street widening and straightening, lighting and tree planting” certificates are also included in the authorization. A return was made to the language of the 1924 amendment in the amendment proposed by Act 340 of 1936. But, in view of the provision of the 1936 amendment to the effect that “Nothing herein contained shall be construed as altering or affecting the provisions of Section 24 of Article XIV of the Constitution of the State of Louisiana as amended,” there is considerable question as to which of the two provisions should prevail. For the reasons indicated in the comment above introducing these amendments, it seems that the provisions of the 1928 amendment should be considered as the controlling law. ARTICLE XIV, SECTION 24, p. 336, lines 187—204. These provisions are the same as those of Act 178 of 1924, except that here the concurring vote by three-fourths of the Board of Liquidation, City Debt is not required in issuing certifi- cates above the $15,000,000 limit. The 1936 amendment is not clear on this matter. Instead of fixing a maximum amount and allowing the Commission Council to issue cer- tificates in excess of that amount by special vote, it pro- vides merely that the amount outstanding may not be in excess of “the amount authorized by existing law.” For the reasons mentioned above and because the 1928 provi- sion was the “existing law” in 1936, it seems that the pro- visions of Act 205 of 1928 prevail on this matter. ARTICLE XIV, SECTION 24, p. 336, lines 205–219. This requirement is identical with that contained in the 1924 130 Power to Taac and Borrow - de Vol. IV Analysis Chap. 4 amendment. However, no mention is made of this in the 1936 amendment. But for the same reasons discussed above, it seems that this requirement is still effective. ARTICLE XIV, SECTION 24, p. 336, line 220. This merely makes the amendment self-operative. An identical provi- sion is found in the 1924 amendment. ARTICLE XIV, SECTION 24, pp. 336–341, lines 221–463. This amendment was added upon proposal by Act 340 of 1936. Its purposes and effects are discussed above in the introductory comments to the 1924, 1928, and 1936 amend- ments. Unfortunately, an attempt was made to follow the language of Section 12 of Act 4 of 1916. This resulted in several instances of bad draftsmanship, some of which were pointed out in connection with the provisions on paving certificates; others are mentioned below in analyzing the amendment. ARTICLE XIV, SECTION 24, p. 336, lines 221–225. The wording is identical with the first paragraph of Section 12 of Act 4 of 1916. Under that amendment to the constitu- tion this wording was correct since the amendment did set out all of the power of New Orleans to borrow money, issue bonds, and incur indebtedness; but in the amendment added by Act 340 of 1936 only the power of New Orleans to bor- row money for current expenses and street improvement was concerned. It could hardly be maintained that in adopt- ing this amendment it was contemplated that all the power of New Orleans to borrow money as provided for in Act 4 of 1916 would be abrogated. The difficulty seems rather to have been merely that the language of Act 4 of 1916, Section 12 was followed too closely. ARTICLE XIV, SECTION 24, p. 336, lines 225–230. In the case of Bowman v. Board of Commissioners of the Fire De- partment of New Orleans, 145 La. 793, 83 So. 14 (1919), it was held that the Board of Commissioners of the Fire Department did not fall within the provisions of Section 20 of Act 4 of 1916 (see above) so as to prohibit it from an- ticipating its revenues under the terms of Section 12 of that act, since this board was not “created by or under the authority of the Commission Council” but rather, by the city charter (Act 159 of 1912, Section 17) as an entity separate from the municipal corporation. In view of this decision and of the fact that the Police Board was similarly 131 3.", New Orleans Studies regarded, it seems likely that the provision here was de- signed to insure that these bodies would be subject to the same limitations as the city of New Orleans. See the com- ment on Act 4 of 1916, Section 20. ARTICLE XIV, SECTION 24, p. 336, lines 231–246. This paragraph originated with this amendment. It seems to be still effective today. ARTICLE XIV, SECTION 24, p. 337, lines 247–259. This paragraph is based upon and almost identical with lines 4–13 of Section 12 of Act 4 of 1916. ARTICLE XIV, SECTION 24, p. 337, lines 260–272. This provision was temporary in character and is now obsolete. ARTICLE XIV, SECTION 24, p. 337, lines 273–287. This provision is the same as that of lines 14–23 of Section 12 of Act 4 of 1916 except that it has been broadened to include specifically the payment of expenses of the police and fire boards. See the comment on lines 225–230 above. This para- graph defines the continuing authority of New Orleans to borrow funds in anticipation of its revenues. ARTICLE XIV, SECTION 24, p. 338, lines 287–294. This is a new provision. The reference to the surplus of the one percent debt tax made here is now obsolete in view of the expiration of the authority to levy this tax in 1950. See the history of the dedications of this tax which forms Ex- hibit VI at the end of App end i x II. The tax author- ized by Section 25 of Article XIV is the tax dedicated to the police and fire departments. This tax is still levied. ARTICLE XIV, SECTION 24, p. 338, lines 295–298. This same limitation was included in Section 12 of Act 4 of 1916 (lines 23–25). - ARTICLE XIV, SECTION 24, p. 338, lines 299–321. These are new restrictions upon the borrowing of funds for cur- rent purposes. ARTICLE XIV, SECTION 24, p. 338, lines 321–354. These provisions concerning the issuance of paving certificates are considered above in connection with the amendment added to Article XIV, Section 24, by Act 205 of 1928. ARTICLE XIV, SECTION 24, p. 339, lines 355–383. This provision was of importance only at the time of the adop- tion of the amendment to the constitution. It is now ob- solete. 132 Power to Taa; and Borrow wº Vol. IV Analysis Chap. 4 ARTICLE XIV, SECTION 24, pp. 339–341, lines 384–457. This authorization to the city of New Orleans to issue tax anticipation warrants seems to have originated with this amendment. In view of the fact that all of the provisions of Section 12 of Act 4 of 1916 are embodied in this amend- ment, including those concerning the issuance of tax antici- pation notes and certificates, it seems that the reference made in lines 413–415 to Section 12 of Act 4 of 1916 is in- correct; the reference should be rather to this amendment itself (particularly lines 273 ff.). ARTICLE XIV, SECTION 24, p. 341, lines 458–463. The requirement found in this “self-operative” clause that there be resolutions by the Commission Council and publication is only a repetition of the requirements set out at the be- ginning of the amendment for the exercise of the powers conferred by the amendment. ARTICLE XIV, SECTIONS 24.2–24.11, pp. 341–345. These Sections of Article XIV were added by an amendment pro- posed by Act 3 of 1927 E.S. They constitute the authority under which New Orleans issues bonds for sewerage, water, and drainage construction and extension purposes. In gen- eral this amendment follows the pattern of Act 4 of 1916, and the language employed is identical in many provisions. The purposes of establishing this separate authority for the issuance of bonds for these purposes seem to have been (1) to require concurrence of the Sewerage and Water Board in submitting such a proposition to the people; (2) to establish a special five percent debt limit on bonds issued for these purposes; (3) to include bonds issued for these purposes in the ten percent general debt limit (exempted by Act 4 of 1916 in establishing the limit); and (4) to dedicate to the service and retirement of such bonds certain proceeds of the one percent debt tax and two mill sewer and water tax which were previously allotted by the con- stitution to the Sewerage and Water Board for improving and extending the sewerage, water, and drainage systems. ARTICLE XIV, SECTION 24.2, p. 341; ACT 3 OF 1927 E.S., Section, 1. All of the bonds authorized by this section have been issued and for the most part are presently out- standing. ARTICLE XIV, SECTION 24.3, p. 341, lines 1–29; ACT 3 OF 1927 E.S., Section 2. This is the authorization under which New Orleans issues bonds for sewerage, water, and 133 §.", New Orleans Studies drainage construction and extension purposes. It differs from the manner in which the city secures authorization for the issuance of bonds for general municipal purposes only in that under it the Commission Council calls an elec- tion on the question only after request to that effect by the Sewerage and Water Board. ARTICLE XIV, SECTION 24.3, p. 342, lines 29–39; ACT 3 OF 1927 E.S., Section 2. This provision fixes a special debt limit of five percent of the assessed value of property in New Orleans upon the amount of bonds which New Orleans may have outstanding at any one time for sewerage, water, and drainage purposes. Furthermore, this provision clearly indicates that the bonds issued under this authorization are to be included in computing the ten percent debt limitation for all purposes. Due to the use of the terms “bonds issued for water, sewerage, and drainage purposes (namely, . . . [the Old Public Improvement Bonds, the New Public Im- provement Bonds, and any bonds into which these may be refunded]),” and “bonds . . . hereafter . . . issued for water Supply” in defining the classes of bonds to be excluded in computing the ten percent debt limit, Section 13 of Act 4 of 1916 was not clear as to whether any, all, or a part of the bonds issued for the purposes contemplated by Act 3 of 1927 E.S. (Article XIV, Section 24.2–24.11) s h ou l d, in the absence of other specific provision, be excluded. The lan- guage of this section of Act 3 of 1927 E.S. clarifies this. ARTICLE XIV, SECTION 24.4, p. 342; ACT 3 OF 1927 E.S., Section 3. This section dedicated a portion of the pro- ceeds of the one percent debt tax and the two mill sewer and water tax to the payment of interest and principal on these bonds. For a clarification of the effect of this pro- vision at the time it was adopted, see the history of the dedi- cations of these taxes which forms Exhibit VI at the end of Appendix II. As n e it her of these taxes is still levied, the provision is largely obsolete. It seems possible, however, that the proceeds of the tax levied under Section 23.1 of Article XIV may be subject to use in servicing the bonds issued under this amendment as this amendment was, in effect, an amendment of Act 6 of 1899 E.S. and therefore within the provision of lines 20–27, page 330 of Article XIV, Section 23.1. ARTICLE XIV, SECTION 24.5, p. 343, lines 1–9; ACT 3 OF 1927 E.S., Section 4. Since the authorization for 134 Power to Taac and Borrow Vol. IV © Ols Analysis Chap. 4 the levy of the one percent debt tax expired in 1950 and that of the two mill sewer and water tax sooner, these provisions are now obsolete. ARTICLE XIV, SECTION 24.5, p. 343, lines 9–17; ACT 3 OF 1927 E.S., Section 4. This is the provision authorizing the levy each year of a tax sufficient to cover the obligations arising under bonds issued under this amendment. The city is similarly authorized under Act 4 of 1916 to levy such a tax to cover the obligations arising from bonds issued un- der that amendment. See the discussion of Section 23.1 of Article XIV above. ARTICLE XIV, SECTION 24.6, p. 343; ACT 3 OF 1927 E.S., Section 5. This section is identical with Section 9 of Act 4 of 1916. See the comment on that section above. ARTICLE XIV, SECTION 24.7, p. 344; ACT 3 OF 1927 E.S., Section 6. This section is almost identical with Section 10 of Act 4 of 1916. ARTICLE XIV, SECTION 24.8, p. 344; ACT 3 OF 1927 E.S., Section 7. This section is identical with Section 11 of Act 4 of 1916. ARTICLE XIV, SECTION 24.9, p. 345, lines 1–7; ACT 3 OF 1927 E.S., Section 8. The reference made here to payment of proceeds of this bond issue to the Sewerage and Water Board “in the manner and under the conditions provided in said Act No. 6 of the Extra Session of 1899 and the amendments thereof.” seems to have reference principally to Sections 5 and 24–29 of that act. See the comment on Article XIV, Section 23.1, lines 20–27 above. ARTICLE XIV, SECTION 24.9, p. 345, lines 7–12; ACT 3 OF 1927 E.S., Section 8. For the limitations from which the Sewerage and Water Board is free, see Section 27 of Act 6 Of 1899 E.S. ARTICLE XIV, SECTION 24.10, p. 345; ACT 3 OF 1927 E.S., Section 9. This provision seems to be a summary and restatement of the provisions of Act 4 of 1916, Section 14 concerning the Board of Liquidation; it gives applicability to the bonds in question. Since this is a continuing authoriza- tion to issue bonds, the board is given indefinite existence by this section. ARTICLE XIV, SECTION 24.11, p. 345; ACT 3 OF 1927 E.S., Section, 10. This merely makes the provisions of the amendment self-operative. 135 §...", New Orleans Studies ARTICLE XIV, SECTION 24.12–24.22, pp. 345–349. These sections were added to the constitution by an amendment proposed by Act 2 of 1930 E.S. Although these bonds might normally have been issued under the general constitutional provisions of Act 4 of 1916, a special constitutional amend- ment was enacted, it seems, in order to issue the bonds without the consent of the property taxpayers (Article XIV, Section 24.12) and in spite of the ten percent debt limitation found in Section 13 of Act 4 of 1916 (Article XIV, Section 24.12). A further reason may have been Question as to whether bonds could be issued for funding a floating debt without special constitutional authority. ARTICLE XIV, SECTION 24.12, p. 345; ACT 2 OF 1930 E.S., Section 1. These bonds have been issued and are largely presently outstanding. ARTICLE XIV, SECTION 24.13, p. 346; ACT 2 OF 1930 E.S., Section 2. This provision merely sets out the purposes for which the proceeds of the sale of this bond issue were to be used. ARTICLE XIV, SECTION 24.14, p. 346; ACT 2 OF 1930 E.S., Section 3. This provision exempted the issuance of these bonds from the ten percent debt limit set out in Section 13 of Act 4 of 1916, but under the terms of this provision these bonds are now included in computing the ten percent debt limit. ARTICLE XIV, SECTION 24.15, p. 346; ACT 2 OF 1930 E.S., Section 4. This provision sets out a dedication of part of the proceeds of the one percent debt tax which ceased to be levied after 1950. See the history of the dedications of this tax which forms Exhibit VI at the end of Appendix II. ARTICLE XIV, SECTION 24.16, p. 347; ACT 2 OF 1930 E.S., Section 5. All except the last five lines of this section are obsolete since the tax with which they deal is no longer levied (as was pointed out immediately above). The last five lines provide that there is to be levied each year a tax sufficient to meet the obligations of the bonds issued under this amendment. Similar authorizations are made under Acts 4 of 1916 and 3 of 1927 E.S. in regard to bonds issued under those amendments. ARTICLE XIV, SECTION 24.17, p. 347; ACT 2 OF 1930 E.S., Section 6. This section is identical with Sections 5 of 136 Power to Taac and Borrow tº Vol. IV Analysis Chap. 4 Act 3 of 1927 E.S. and 9 of Act 4 of 1916; therefore, see the comment on the latter above. ARTICLE XIV, SECTION 24.18, p. 348; ACT 2 OF 1930 E.S., Section 7. This section is identical with Sections 6 of Act 3 of 1927 E.S. and 10 of Act 4 of 1916. ARTICLE XIV, SECTION 24.19, p. 348; ACT 2 OF 1930 E.S., Section 8. This section is identical with Sections 7 of Act 3 of 1927 E.S. and 11 of Act 4 of 1916. ARTICLE XIV, SECTION 24.20, p. 348; ACT 2 OF 1930 E.S., Section 9. This section is identical with Section 9 of Act 3 of 1927 E.S. and similar to Section 14 of Act 4 of 1916; therefore see the comment on the latter section above. ARTICLE XIV, SECTION 24.21, p. 349; ACT 2 OF 1930 E.S., Section 10. This section is identical with Section 10 of Act 3 of 1927 E.S. Each merely provides that the amend- ment involved is self-operative. ARTICLE XIV, SECTION 24.22, p. 349; ACT 2 OF 1930 E.S., Section, 11. This section is identical with Section 5 of Act 4 of 1916 except that it extends the purposes for which emergency bonds may be issued to include “riot or emergency expenditures for preservation of law and order.” ARTICLE XIV, SECTION 25, p. 349. This provision au- thorizes the levy of a special three mill tax in New Orleans for the maintenance of the police and fire departments. See the discussion introducing the analysis of Act 4 of 1916 above and that on Section 15 of the act. 137 Chapter Five CONSTITUTIONAL PROVISIONS CONCERNING THE SEWERAGE AND WATER BOARD OF NEW ORLEANS A. HISTORY AND CONSTITUTIONAL PROVISIONS That the sewerage, water, and drainage problems of New Orleans have been great is evidenced in part by the extent to which these matters are dealt with by the con- stitution. In Chapter 2 those provisions of the constitution concerning the power of New Orleans to tax property and borrow money to develop its sewerage, water, and drainage system were considered." This chapter is devoted to a thorough consideration of Section 23 of Article XIV, which concerns the organization, powers, and duties of the Sew- erage and Water Board and related matters. This section presents one of the most involved instances of the practice of incorporation by reference to be found in the present con- stitution. Its problems are so complicated that it has been considered necessary to devote a separate chapter to their consideration. History. In April of 1899 taxpayers of New Orleans presented to the city council a petition” asking that their taxes be increased for the purpose of providing a better sewerage, water, and drainage system for the city. Upon presentation of this petition, the council passed an ordi- nance calling an election on the question as was required by law. The election resulted favorably for the tax and the council passed an ordinance” levying a two mill tax for forty-three years and establishing the Sewerage and Water Board. An extra session of the legislature was called at which Act 6 of 1899 E.S.* was passed and a joint resolution was adopted proposing an amendment to the Constitution of 18985 ratifying and approving Act 6 of 1899 E.S. (“spe- cially including the therein reserved legislative right to amend the same”) and the authorization to levy the two mill * Article XIV, Sections 23.1, 23.2, and 24.2–24.11. * See Appendix III. * Ordinance No. 15391 C.S.; see Appendix III. * See Appendix III. * Act 4 of 1899 E. S. 139 §." New Orleans Studies tax until 1942. Act 6 of 1899 E.S. authorized the issuance of $10,000,000 of Public Improvement Bonds for rebuilding and extending the sewerage, water, and drainage system of New Orleans and provided for the organization, powers, and duties of the Sewerage and Water Board. The same constitutional provision was later included in the Constitution of 1921 as Section 23 of Article XIV, but with several exceptions concerning the use of revenue se- cured from water collections for the maintenance of the System and a ratification of constitutional amendments of 1906° and 19087 further capitalizing the proceeds of the special two mill tax. No amendments have been made to the 1921 constitutional provision. Since the bonds into which the special tax was capital- ized have all been retired and the special tax is no longer levied, the constitutional provision is largely obsolete today. However, several provisions of Act 6 of 1899 E.S. continue to be a part of the constitution by reason of their incorpora- tion into the constitution by Section 23 of Article XIV. The problem is analyzed in detail in the Analysis presented in this chapter. Only the result is considered here. Present constitutional provisions. From the Analysis of Section 23 which follows this introduction, it appears that at most the only provisions of Act 6 of 1899 E.S. (or provisions of the taxpayers’ petition) which are not obsolete and are still of constitutional significance are those pro- viding that title to the sewerage system is to be vested in the public and that free water is to be provided for the operation of the Sewerage system. In addition, under Sec- tion 23 the Sewerage and Water Board is authorized to fix rates for the sale of water in order to cover the costs of operating and maintaining the sewerage, water, and drainage system and, further, to contract to supply water to consumers in adjoining parishes. Except for these items, it seems that Section 23 is obsolete. B. RESTATEMENT Introductory note: This section is designed to present in logical form the provisions of Section 23 of Article XIV of the present constitution. It is not intended as a proposed * Proposed by Act 19 of 1906. * Proposed by Act 116 of 1908. 140 Sewerage and Water Board Vol. IV Restatement Chap. 5 draft of a constitutional provision on this subject; rather, it is intended to state in logical form the law on this topic contained in the present constitution. In regard to Act 6 of 1899 E.S., only those provisions which in the Analysis which follows are found to be present constitutional law are included. Following this Restatement will be found con- cordance tables which show the sources of the various pro- visions of the Restatement and the disposition in the Re- statement of the material of the present constitution. SECTION 1. Public sewerage system. The sewerage system of New Orleans, title to which shall be in the public, shall be a free sewerage system with free water given for its operation. SECTION 2. Water rates. In fixing the rates to be charged private consumers of water taken from the public water supply of the city of New Orleans, the Sewerage and Water Board shall fix such rates in such a manner as to provide for the maintenance and opera- tion of the water system and the public and private supply therefrom and the cost of maintenance and operation of the public sewerage system. The rates charged private consumers shall never exceed the total rates charged private consumers by the Sewerage and Water Board in force November 1, 1913, unless other- wise authorized by the legislature; provided, the water rates shall never exceed the cost of operating and maintaining the water, sewerage, and drainage systems, and all extensions, replacements, repairs, and betterments. SECTION 3. Use of collections. The city of New Or- leans is hereby relieved of the duty of providing in its annual budget or otherwise for the maintenance and operation of the sewerage and water System; and the Sewerage and Water Board is authorized to use the collections from water rates charged to private consumers for the maintenance and operation of the public water system and the public and private supply therefrom, for the cost of maintenance and operation of the public sewerage system, and for the creation of a sinking fund for an ultimate renewal of said systems. Any surplus existing after providing for i 1 ; : 141 §:...'. New Orleans. Studies these uses may be used for the maintenance and opera- tion of the public drainage system. SECTION 4. Supplying of water in adjoining parishes. The Sewerage and Water Board is authorized to con- tract with parties having franchises for that purpose to supply water to consumers in parishes adjoining Orleans Parish at rates to be fixed by the Sewerage and Water Board. 13 14 : 142 CONCORDANCE TABLES I Present Constitution Restatement Constitution Incorporated Material Reprinted at Article Section Act No. Section Pages Lines Section Pages Lines XIV 23 328, 329 1–5 Obsolete XIV 23 329 5–13 1 141 XIV 23 329 13–20 2 141 1–9 XIV 23 329 20–32 3 141, 142 XIV 23 329 33–40 2 141 8–16 XIV 23 329 41–44 4 142 XIV 23 329 45–50 Obsolete XIV 23.1, 329–345 23.2, 329–345 (See Chapter 4) and 24.2– 24.11 Taxpayer's Petition 491 9–11 1 141 6 of 1899 E.S. 21 397 1–4 1 141 : CONCORDANCE TABLES 2 141 1–9 XIV 23 329 13–20 2 141 8–16 | XIV 23 329 33–40 3 141 XIV 23 329 20–32 4 142 XIV 23 329 41–44 II Restatement - - Present Constitution Constitution Incorporated Material Reprinted at Section Pages Lines Article Section Act No. Section Pages Lines 1 141 Taxpayers' Petition 491 9–11 6 of 1899 E.S. 21 397 1–4 . § Sewerage and Water Board e Vol. IV Analysis Chap. 5 C. ANALYSIS Introductory Note: This analysis is designed to present a study of the provisions of the present constitution which deal with the Sewerage and Water Board and related mat- ters (Article XIV, Section 23), but not including those provisions on New Orleans' power to tax property and bor- row money for sewerage, water, and drainage purposes (Article XIV, Sections 23.1, 23.2, and 24.2–24.11) consid- ered in Chapter 4. Its purpose is primarily to present ma- terial for reference in connection with specific provisions on these matters. There is included a full discussion of the complicated problem concerning the scope of the incorpora- tion of Act 6 of 1899 E.S. by the reference contained in Section 23 of Article XIV. Comments in this section are keyed to the constitutional and statutory materials con- tained in Appendix III. ARTICLE XIV, SECTION 23, p. 328, lines 1–5. The special tax referred to is the two mill sewer and water tax author- ized by Section 1 of Act 6 of 1899 E.S. (See pp. 461–468 and pp. 391–400 of Appendix III for the ordinance and act referred to in this connection.) This tax was author- ized to be levied for a period of forty-three years, beginning in 1900 and ending in 1942; the proceeds of the tax were used to meet the obligations of the city under the Public Improvement Bonds which were issued by authority of Act 6 of 1899 E.S. By the terms of the authorization this tax has not been levied since 1942. Obviously, this ratification of the tax in the constitution is obsolete. Since 1942 the obligations under these bonds have been met from another source (also dedicated by Section 1 of Act 6 of 1899 E.S.). ARTICLE XIV, SECTION 23, p. 329, lines 5–13; ACT 6 OF 1899 E.S. The act to which reference is made in Act 6 of 1899 E.S. Because of the complexities of the authority here granted the legislature to amend this act, the history and the jurisprudence relating to this act are reviewed in the pages which follow. In April of 1899 taxpayers of New Orleans presented to the city council a petition (see Appendix III) to increase their taxes in order to provide a better sewerage, water, and drainage system for the city. Pursuant to the petition, the council, as required by law, passed an ordinance calling an election on the question. The election resulted favorably 145 §." New Orleans Studies for the tax and the council passed Ordinance No. 15,391 C.S. (see Appendix III) levying a two mill tax for forty- three years and establishing the Sewerage and W a t e r Board. An extra session of the legislature was called at which were passed Act 6 of 1899 E.S. (see Appendix III) and a joint resolution proposing an amendment to the Con- stitution of 1898 (Act 4 of 1899 E.S.) ratifying and ap- proving Act 6 of 1899 E.S. The amendment was adopted and became a part of the Constitution of 1898 in the follow- ing form: The special tax for public improvements voted by the property taxpayers of the city of New Orleans on June 6, 1899, and levied by the city council, by Ordi- nance No. 15,391, approved June 22, 1899, is hereby ratified and its validity shall never be questioned. The special act adopted by the Legislature at the special session held on August 8, 1899, constituting the sewerage and water board of the city of New Orleans, authorizing the city of New Orleans to issue bonds, and providing the means to pay the principal and interest thereof, and for other purposes cognate to the purpose of the special tax aforesaid, is hereby ratified and approved, specially including the therein reserved legislative right to amend the same; and all provisions of the present Constitution in conflict with the provisions of the said act and this amendment are, to that extent, and for that purpose only, repealed. Substantially the same provision was eventually carried into the Constitution of 1921. Pursuant to the power recog- nized by this constitutional provision, the legislature fre- quently amended Act 6 of 1899 E.S. (see Appendix III, for the amended act); and in 1950 it was revised and included in the Revised Statutes of 1950 as Sections 4071– 4091 of Title 33 (see Appendix III). The right of the legislature to amend the act is defined in Section 35 thereof, which provides that ... as it is proposed to have this act ratified by an amendment to the Constitution, it is hereby specially declared to be the intent of this act, and of said ratify- ing constitutional amendment, that the General As- sembly reserves the right and power to amend this act in any respect not violative of the conditions upon which the said special tax was voted by the property taxpayers of the city of New Orleans and not impair- ing the vested rights or the contract rights of the holders of the bonds issued under its provisions. 146 Sewerage and Water Board ſº Vol. IV Analysis Chap. 5 It is not surprising that such a contrivance, seemingly unique in the law of this state, has caused judicial diffi- culties. The problem of determining exactly which portions of the act of 1899 may be amended by the legislature and which portions may not be amended has been the subject of several controversies. The status of those provisions which may be amended by the legislature, on the one hand, and those which may not, on the other, was indicated by the court in the case of State ea; rel. Saunders v. Kohnke, 109 La. 838, 33 So. 793 (1903). In discussing the provisions of Act 6 of 1899 E.S. in connection with the constitutional provisions, the court found that though the words “ratify” and “approve” are not, in their abstract meaning, equivalents of such terms as “to adopt” or “to incorporate into” and consequently not sufficient necessarily to embody the act in the constitu- tion, where, in the constitutional provision, a statute is ratified and approved and a clause is added reserving to the legislature the right to amend the statute in certain specified respects, then “the words become charged with a Special meaning,” and the statute becomes part of the con- stitution, except in so far as the right to amend is reserved to the legislature. By referring to Section 35 of Act 6 of 1899 E.S. the court concluded, in effect, that those provi- sions of the act (1) based upon the conditions on which the special tax was voted and (2) establishing vested rights or contract rights of the bondholders were incorporated into the constitution. Consequently, the legislature was deemed to be without authority to amend or change these provisions by ordinary act; they could be changed only by constitutional amendment. The court stated its decision (at pp. 866–7) in the following words: It is well to note, in passing, that, while the act of 1899 is adopted into the Constitution as a whole, it is so adopted with special reservation of the right of the Legislature to amend, except in so far as might be violative of the conditions of the taxpayers’ peti- tion; and that the effect of this reserve was to withhold from incorporation into the Constitution all the parts of the act not covered by the conditions of the tax- payers’ petition. This result follows, ex necessitate, from the legislative right to amend. Since the Legisla- ture cannot amend the Constitution, it follows that the act, in so far as amendable by the Legislature, is no part of the Constitution, and it is amendable in all 147 §:...'. New Orleans Studies respects except in violation of the conditions of the taxpayers’ petition. The Kohnke case was followed generally in several decisions subsequently rendered : Saunders v. Board of Liquidation of City Debt, 110 La. 313, 34 So. 357 (1903); State ea; rel. Sewerage and Water Board v. Michel, 127 La. 685, 53 So. 926 (1910); New Orleans Taapayers’ Protective Assn. v. Sewerage and Water Board, 132 La. 839, 61 So. 843 (1913); Realty Owners’ Protective Alliance v. City of New Orleans, 165 La. 159, 115 So. 444 (1927); State v. Billhartz, 146 La. 855, 84 So. 120 (1919); and State eac rel. Porterie v. Walmsley, 183 La. 139, 162 So. 826 (1935). Although there are no “conditions” specified as such in the property taxpayers’ petition, it seems that the fol- lowing provisions might be considered as conditions under which the tax was to be levied. (1). The proceeds were to be applied to the following purposes: (a) “To acquire title by the city, by construction or purchase, or both, to a system of waterworks; to the extension thereof throughout the city, inclusive of the Fifth District; and to the purification of the water supply there- from ;” (b) “To the construction throughout the city, in- clusive of the Fifth District, of a free sewerage system, with free water therefor; the title whereof shall be in the city;” (c) “To the completion of the public drainage sys- tem of the city of New Orleans, inclusive of the Fifth Dis- trict, now in process of construction.” (2). The council was authorized and required to secure constitutional and legislative authority to capitalize the tax into bonds. (3). “. . . if the assessed value of the city shall in the future increase to such a figure as to make one-half the surplus of the one per cent. debt tax sufficient to pay the whole or a larger portion of the interest on the bonds so issued, then that in all such years there shall be a corre- sponding diminution in the amount of such special tax.” (4). “. . . the issuance and sale of said bonds shall be placed under the supervision and control of the board of liquidation of the city debt and . . . the proceeds of said tax shall be paid over as collected to said board.” (5). “. . . when said special tax is voted, the council will organize a ‘Sewerage and Water Board,’ to be com- posed of the drainage commissioners and a taxpayer of each of the seven municipal districts, to be appointed by the mayor, with the consent of the council, or elected by 148 Sewerage and Water Board gº Vol. IV Analysis Chap. 5 the property taxpayers for terms not exceeding twelve years, for the purpose of constructing, controlling, main- taining, and operating said water and sewerage systems.” (6). The council was required to submit, at the elec- tion on the tax, the question of whether the seven taxpayer members were to be selected by appointment by the mayor or by election by the taxpayers, and it was required to ºy the method selected in the establishment of the oard. (7). The contracts for the work were required to be let in such a manner as to cover the entire city and the work was required to be prosecuted in such a manner as to complete it throughout the city at the same time. In general, it may be said that the first condition of the petition has been fulfilled since the water, sewerage, and drainage systems contemplated have been completed. However, there appears to be some question as to the effect of the second part of this first condition. Part of the fund was required to be used for the construction throughout the city of a “free sewerage system, with free water there- for; the title whereof shall be in the city.” In the case of New Orleans Taacpayers’ Protective Association v. Sewer- age and Water Board of New Orleans, 132 La. 839, 51 So. 843 (1913) the court considered the first part of this pro- vision. The taxpayers contended that Act 270 of 1908 and the action by the Sewerage and Water Board under author- ity of the act in requiring payment for water used for “drinking and domestic purposes, exclusive of sewerage” violated the provision of the taxpayers’ petition because, although the intent of the condition in the petition was that all water which eventually found its way into the sewerage system should be free of charge to consumers, the board, under the statute, required payment for all water used in excess of about eleven gallons per day. The court found that the intention of the condition was that only such water as was used “for the purposes of the sewerage system” was to be free of charge and not water used for other purposes, such as drinking, cooking, bathing, laundering, watering, sprinkling, etc., which goes to the sewers only after these purposes have been served and as a means of disposing of it; and that the allowance made by the board of eleven gallons per day “for flushing closets” was adequate for the purposes of the sewerage system. The 149 New Orleans Studies Vol. IV Chap. 5 court seemed to predicate its decision upon a contractual agreement between the city and the taxpayers arising from the petition, an idea which was repudiated in the Kohnke, Walmsley, and other cases discussed below. However, its approach in general seems consistent with the idea that the condition was protected by the constitutional provision. From the character of this condition contained in the tax- payers’ petition and from the approach taken by the court in the case discussed, it seems reasonable to conclude that this condition was incorporated into the constitution. Along the same lines of reasoning, it also seems reasonable to conclude that the provision of the petition recognizing or vesting title to the sewerage system in the city would be considered as incorporated into the constitution. The second condition listed above was fulfilled when the legislature passed Act 6 of 1899 E.S. and proposed an amendment to the constitution by Act 4 of 1899 E.S. which was subsequently adopted. The third condition is obsolete since the special tax authorization and levy ceased in 1942. Even prior to this, however, the court in Realty Owners’ Protective Alliance v. City of New Orleans, 165 La. 159, 115 So. 444 (1927), had held that the provision was not binding on the city or state because (1) it was not a condition of a contract with the taxpayers and (2) the terms and conditions of the tax levy had been extended by subsequent constitutional and legislative acts. In accordance with the terms of the fourth condition of the petition the Public Improvement Bonds were issued and administered by the Board of Liquidation, City Debt, and the proceeds of the tax were paid over to the board as collected. The last of these bonds were retired in 1950. In compliance with the sixth condition, the city council submitted the question of the manner of selecting the seven taxpayer members of the board to the taxpayers at the election called to vote on the tax and they approved ap- pointment by the mayor. The provisions of the petition contained in conditions five and six were written into Ordinance No. 15,391 C.S. and eventually into Section 8 of Act 6 of 1899 E.S. (Appendix III). When, by Act 111 of 1902, the legislature attempted to change the composi- tion of the Sewerage and Water Board, the issue of whether 150 Sewerage and Water Board e Vol. IV Analysis Chap. 5 this was a constitutional board was directly considered by the court in the case of State eac rel. Saunders v. Kohnke, which has been discussed above, and the court clearly indicated in its decision that those provisions of Act 6 of 1899 E.S. which were within the scope of the conditions of the property taxpayers’ petition were incorporated into the constitution and could not be changed by the legislature. Further, it was held that the composition of the Sewerage and Water Board as described in the petition was one of the conditions of the petition. The court said: “We must hold that the conditions of the taxpayers’ petition referred to . . . were the ‘terms and conditions set forth in the taxpayers’ petition under which the tax had been voted,’ and that one of the chief of these conditions was the one bearing upon the manner of the organization of the board which was to administer the proceeds of the tax” (p. 866). For this reason, among others, the court found the 1902 act unconstitutional in So far as it concerned the composi- tion of the board. However, the same question again arose following the enactment of Act 36 of 1934, 2nd E.S., and was presented to the court in the case of State ea; rel. Porterie v. Walmsley, 183 La. 139, 162 So. 826 (1935), wherein the 1934 statute was challenged. In considering a legislative change in the composition of the board, the court found that the legislature had acted within its author- ity. The court reviewed the “public history” of the legisla- tion under consideration and the events surrounding the Constitutional Convention of 1921 and found that the draft- ers of the Constitution of 1921 had the power to and did “reinvest the state with the right to exercise and retain its unabridged and unimpaired police power” in the govern- mental affairs of the city of New Orleans through changing Section 22 of Article XIV. “Thus,” said the court, “the members of the Constitutional Convention of 1921 restored the state’s sovereign power over the city of New Orleans and the sewerage and water board” (p. 834). One of the results of this decision was to leave the legislature free to deal with the composition of the board as it sees fit. Con- cerning the purpose of Section 23 of Article XIV, the court queried “And what was the purpose of Section 23 of Article 14 of the Constitution of 1921, except that of ‘ratifying and carrying into effect the special tax levied in the City of New Orleans for certain public improvements, and to estab- 151 Vol. IV º §e. 5 New Orleans Studies lish therein public systems of sewerage and water, the is- swance of bonds therefor and the providing the ways and means to pay the principal and interest of said bonds?’” Thus the court appears to have implied that the scope of the provision was limited to the protection of bondholders in regard to the manner of issuing and the ways and means of paying the bonds. From this case it is clear, as men- tioned above, that the legislature has been free since 1921 to change the composition of the board; but the effect of the action of the 1921 convention upon other provisions of Act 6 of 1899 E.S. is not so clear. The court tends to in- dicate that those provisions relating to the issuance of the bonds and the ways and means by which the principal and interest of the bonds are to be paid are the only provisions covered by Section 23 of Article XIV. However, since the court based its opinion largely upon Section 22 of Article XIV, which dealt only with the right of electors of the city to elect their own officers, it seems that the decision should be restricted in its scope and should be said to stand only for the proposition that the Constitution of 1921 returned to the legislature the power to provide for the composition of the Sewerage and Water Board. The seventh condition of the petition is no longer of importance as the system then contemplated has been com- pleted. From this analysis it would seem that at most only the second part of the first condition, that relating to “a free sewerage system, with free water therefor” and to the retention of title to the sewerage system, remains of constitutional importance today. And the broad language of the Walmsley case may cast a shadow of doubt upon this. For the purposes of this analysis and of the Restate- ment which precedes it, however, these provisions have been considered of constitutional stature. A study of Act 6 of 1899 E.S. as it has been amended (see R.S. 1950, 33:4071 ff., Appendix III) reveals only one provision dealing with rate charges on water used for sew- erage purposes. Section 4082 of Title 33 of the Revised Statutes of 1950 provides: The board may fix the rates to be charged private consumers of water . . . and collect the same from all persons who use water, (except for sewerage purposes only), from the public water supply. . . . 152 Sewerage and Water Board & Vol. IV Analysis Chap. 5 From the analysis above it seems apparent that this provision could not be amended in any way violative of the provision of the petition that the sewerage system is to be “a free sewerage system, with free water therefor.” Since it is conceivable that the statutory provision might be amended in several ways without violating the general condition of the petition, the petition itself should be con- sidered as the constitutional provision on the matter. Also, since there appears to be no specific provision in the statute concerning the vesting of ownership of the sewerage system in the public, it is reasonable to conclude that the limitation as stated in the petition is the form in which it should be considered as part of the constitution. The second limitation placed upon the legislature in amending Act 6 of 1899 E.S. prohibited the amendment of the act in any way violative of those provisions establishing vested rights or contract rights of bondholders. Since all of the bonds issued under the authority of this act have been retired, this limitation seems to be obsolete. ARTICLE XIV, SECTION 23, p. 329, lines 13–44. These constitutional provisions originated with the Constitutions of 1913 and 1921. The legislature has exercised the author- ity here given it to change the limitation upon rates which the board may charge by providing generally under Re- vised Statutes of 1950, 33:4082 that the board may estab- lish rates in excess of those in force on November 1, 1913. The constitutional limitation remains effective, of course, to provide a limitation in the event the statutory law on this subject is ever repealed. ARTICLE XIV, SECTION 23, p. 329, lines 45–50. The bonds authorized and issued by the amendments mentioned here have been retired; therefore this ratification is obso- lete. See the analysis of this provision in Chapter 4. ARTICLE XIV, SECTIONS 23.1, 23.2, and 24.2–24.11. These provisions concern the power of New Orleans to tax and to borrow money in connection with the sewerage, water, and drainage systems. Since they are more inti- mately connected with the power of the city to tax and borrow money, they are considered in detail in Chapter 4 rather than in this chapter. 153 Chapter Six CONSTITUTIONAL PROVISIONS CONCERNING THE POWER OF NEW ORLEANS TO ISSUE REVENUE BONDS A. HISTORY AND CONSTITUTIONAL PROVISIONS Municipalities of Louisiana generally derive their power to issue revenue bonds (i.e., bonds payable primarily out of the net revenues of a utility) to construct, acquire, extend, and improve revenue-producing utilities owned by them from Section 14 (m) of Article XIV of the constitu- tion." New Orleans, however, probably because of the ex- clusive terms of Act 4 of 1916, which is a part of the constitution by virtue of Section 24 of Article XIV,” has consistently received this authority by special constitu- tional authorizations. The special authorizations contained in the present constitution deal with three general topics: (1) the Public Belt Railroad system, including the Public Belt Railroad, the Mississippi River bridge, and the Union Railroad Passenger Terminal,” (2) the Upper Pontalba Building,” and (3) the Public Ferry system.5 The history and content of this constitutional legislation will be dis- cussed under these three topics. PUBLIC BELT RAILROAD History. By the beginning of the twentieth century it became evident from the rapid development of the city and port of New Orleans that a railroad terminal system within the city would have to be organized, particularly in the port area, in order to expedite the transfer of goods of railroads, water craft, and industries; consequently, steps were taken at this time toward the establishment of the *Supplemented by R.S. 1950, 33:4161—33:4163; 33:4221–33:4228. * See the discussion of Article XIV, Section 24 in the Analysis in Chapter 4. New Orleans is specifically excluded from the legisla- tion supplementing Article XIV, Section 14 (m) (R.S. 1950, 33:4221). * Belt railroad: Article XIV, Sections 26, 27, and 28; bridge: *le XIV, Section 28; passenger terminal: Article XIV, Section 31.3. * Article XIV, Section 31.4. * Article XIV, Section 31.1. 155 Vol. IV tº §e. 6 New Orleans Studies Public Belt Railroad system.” In 1904 the Public Belt Rail- road Commission was organized and charged with the duty of establishing, developing, and operating the system." The establishment of the commission began the development of the Public Belt Railroad system—an extensive system of railroad facilities owned and operated by the city (through the commission) for handling all railroad freight traffic in the city and the port. Constitutional recognition of the Public Belt Railroad Commission first came with the adoption of an amendment of the Constitution of 1898 proposed by Act 179 of 1908 authorizing the issuance of $2,000,000 of revenue bonds for developing the system. This 1908 amendment became Article 323 of the Constitution of 1913. The Constitution of 1921 required the city of New Orleans to continue the operation of the belt railroad through the Public Belt Rail- road Commission, which was vested with the exclusive control, operation, management, and development of the system.* The authority of the commission included the construction and operation of a railway and highway bridge across the Mississippi River” and its authority was ex- tended in 1938 to the construction and operation of a union railroad passenger station in the city.” The construction of these various facilities has been financed through munici- pal revenue bond issues authorized by constitutional amend- ments. * New Orleans City Ordinance No. 147, N.C.S. * New Orleans City Ordinance No. 2683, N.C.S.; see Appendix III, * Article XIV, Section 26. * The construction of the Mississippi River bridge was first au- thorized by an amendment to the Constitution of 1913 proposed by Act 68 of 1916. Under this amendment it was required that work be begun by May 1, 1920 and that the structure be completed within five years. An amendment proposed by Act 188 of 1918 extended these time limits by requiring that the work be begun within three years of the end of World War I and completed within five years of the beginning of work. The 1921 constitutional convention in Section 28 of Article XIV again extended the time for its construction; by this constitutional provision work was required to commence not later than July 1, 1925 and had to be completed within five years of its beginning. The time limit was further extended by an amendment to Section 28 proposed by Act 154 of 1928; this time the work was required to be completed by July 1, 1936. * Act 385 of 1938 adding Article XIV, Section 31.3 to the Con- stitution of 1921. 156 Revenue Bond Issuance Vol. IV History Čºp, 6 PRESENT CONSTITUTIONAL PROVISIONS Composition, Organization, and General Powers of the Public Belt Railroad Commission. The composition and organization of the Public Belt Railroad Commission is provided for in the present constitution;" the commision is composed of the mayor of New Orleans and sixteen citizen taxpayers appointed for terms of sixteen years by the mayor by and with the approval of the Commission Council. Five members are appointed from the city at large, two from above and three from below Canal street, three from the New Orleans Board of Trade, two from the New Orleans Cotton Exchange, two from the New Orleans Sugar and Rice Exchange, and two from the New Or- leans Association of Commerce upon recommendations of each of these organizations; two additional members are appointed by the Public Belt Railroad Commission itself.” The mayor is president of the commission, and the presi- dent pro tempore is chosen by the commission from those members appointed from commercial organizations. The control, operation, management, and development of the Public Belt Railroad system is exclusively vested in the commission, which must always be separate and distinct from any railroad. No director, attorney, officer, or em- ployee of any railroad may be a member of the commission or an officer, attorney, or employee of the Public Belt Rail- road. The city, by and through the commission, has power to make contracts and to acquire lands, leases, and other forms of property necessary for the operation of a rail- road system, by purchase, expropriation, or otherwise, and has the authority to operate within or without the parish of Orleans. Public Belt Railroad System. For the purposes of “development, extension, additions, betterments, and con- struction” of the Public Belt Railroad system, the city was authorized by Section 27 of Article XIV of the Constitu- tion of 1921 to issue $5,000,000 of revenue bonds of the * Article XIV, Section 26, which recognizes New Orleans Ordi- nance No. 2683, N.C.S. * The commission appoints the two members previously nomi- nated by the Mechanics, Dealers, and Lumbermen’s Exchange because this group no longer exists. The New Orleans Association of Com- merce makes the recommendation of its predecessor, the New Orleans Progressive Union. See Restatement, Sections 1 and 2(a). 157 Vol. IV * Chap. 6 New Orleans Studies city upon approval by the voters of the city. Only $1,500,- 000 of this total authorization has been issued;18 conse- quently authority possibly remains to issue the remaining $3,500,000 of bonds. The net revenues of the system are pledged for the payment of interest and principal of any bonds issued under this authorization; however, if these revenues are insufficient, then the obligations are to be met by ad valorem property taxation. Furthermore, the city may issue bonds and notes for refunding Public Belt Railroad bonds and other such refunding bonds presently outstanding or issued in the future.” Pubile Belt Railroad Bridge. The commission has been authorized to “acquire, construct, maintain and operate” a bridge across the Mississippi River for high- way and railroad uses.” The bridge has been constructed and is now operated and maintained by the commission. For the purpose of acquiring, constructing, maintain- ing, and operating the bridge, the city was authorized to issue $20,000,000 of bonds, only $5,482,000 of which has been issued.” Conceivably, the amount of the authorization remaining unused might be utilized in maintaining and operating the bridge.” These bonds are payable out of the net revenues derived from the operation of the bridge and are secured by a mortgage upon the bridge which, in case of foreclosure, obligates the city to grant a franchise for the operation of the property for a limited period of time. By express constitutional stipulation no tax may be levied upon property in the city for the service and payment of these bonds, nor may the bonds be serviced or paid with other revenues of the city. The city may also issue bonds for the purpose of replenishing the general fund of the Public Belt Railroad Commission.* These bonds are payable from revenues derived from the operation of the bridge and secured, among other things, by mortgage upon the bridge similar to that mentioned above. Tº A supplement to the Compilation of Lowisiana State and Mwmic- ipal Bonds (New Orleans: Smith and Rives Louisiana Municipal Bond Service, Inc., 1953), p. 25. ** Act 391 of 1940, amending Article XIV, Section 27 of the Constitution of 1921. See Restatement, Section 2(b) (1) and (2). * See footnote 9 supra. See Restatement, Section 3 (a). ** Smith and Rives, loc. cit. ** See Restatement, Section 3 (b). * See Restatement, Section 3 (c). 158 Revenue Bond Issuance Vol. IV © O is History Chap. 6 Union Railroad Passenger Station. Act 385 of 1938, an amendment which added Section 31.3 to Article XIV of the constitution, authorized the city of New Or- leans, acting through the Public Belt Railroad Commission, to construct, maintain, and operate a union railroad passen- ger station.” The authorization is rather broad in its grant of powers to the city and to the commission.” By virtue of constitutional authorization, the city has issued $15,000,000 of revenue bonds to provide for the construc- tion of the facility. These bonds are secured by a mortgage upon the station, and interest and principal are payable out of the revenues to be derived from the operation of the station. No tax may be levied for paying interest or princi- pal of these bonds. UPPER PONTALBA BUILDING History. In 1930 the city of New Orleans accepted as a donation the Upper Pontalba Building, one of the historic buildings facing Jackson Square, subject to a mortgage indebtedness of about $210,000. Act 541 of 1948 added Section 31.4 to Article XIV by which the city was author- ized to refinance this indebtedness.” Under this author- ization the city issued revenue bonds for the payment of which the revenues derived from the operation of the building are dedicated.” Present constitutional provisions. The amendment consists almost entirely of detailed provisions and limita- tions concerning the terms, conditions, etc., to be incorpo- rated into the bonds. Since the bonds have been issued, it would seem that the amendment is of future importance only in so far as the provisions of the amendment are also to govern the terms, conditions, etc. under which refunding bonds may be issued in the future.” * See Restatement, Section 4. * See Hotard v. City of New Orleans, 213 La. 843, 35 So.. (2d' 752 (1948). See Restatement, Section 4. * See Restatement, Section 5. * The city issued $200,000 of revenue bonds for this purpose. Smith and Rives, op. cit., p. 25. * See the fifth from last paragraph of Article XIV, Section 31.4. The Restatement has been written only in terms of the authorization to issue such refunding bonds in the future. 159 Vol. IV e §º. 6 New Orleans Studies Public Ferry System. History. By an amendment proposed by Act 148 of 1932, adding Section 31.1 to Article XIV, New Orleans was authorized to purchase certain ferries operating on the Mississippi River, to issue revenue bonds up to $750,000 to Secure funds for this purpose, and to establish a public ferry system to be controlled by a Public Ferry Board.” It seems that no action has been taken under this authoriza- tion—the bonds have not been issued and no appointments to the board have been made. Present constitutional provisions. Although no action seems to have ever been taken pursuant to the amendment, the amendment is nevertheless still a part of the present constitution. B. RESTATEMENT This Restatement is designed to present in a logical form the law of the present constitution on the power of New Orleans to issue revenue bonds and related matters. It is not intended as a proposed draft on this subject; rather, its sole purpose is to state in a logical manner the provi- Sions of the present constitution on these topics using the text of the present constitutional provisions in so far as possible. All obsolete material has been deleted, and certain provisions have not been included because it is assumed that they would be covered by a schedule provision such as Article XV, Section 6 of the Projet protecting outstand- ing debts. Whenever a question of interpretation is in- volved, the issue has been stated in a footnote. Following this Restatement will be found a series of concordance tables showing the sources of the various provisions of the Restatement and the disposition therein of the material of the present constitution. The pattern of organization followed in this Restate- ment may be described as follows: I. Public Belt Railroad Section 1. Composition and organization of the Public Belt Railroad Commission * See Restatement, Section 6. 160 Revenue Bond Issuance Vol. IV Restatement Č. 6 Section 2. Public Belt Railroad (a). General powers and provisions (b). Power of New Orleans to borrow money for purposes connected with the Public Belt Rail- road (1). New Orleans Public Railroad Bonds (2). City of New Orleans Public Belt Bonds, New Series, and City of New Orleans Public Belt Notes Section 3. Public Belt Railroad bridge (a). General powers and limitations (b). Public Belt Railroad Bridge Bonds (c). Public Belt Railroad Bridge Fund Bonds Section 4. Railroad Passenger Station II. Upper Pontalba Building (Section 5) III. Public Ferry system (Section 6) I. PUBLIC BELT RAILROAD SECTION 1. Composition and organization of the Pub- lic Belt Railroad Commission. The Public Belt Rail- road Commission of the city of New Orleans shall be composed of the mayor of the city and sixteen citizen taxpayers appointed for terms of sixteen years by the mayor by and with the approval of the gov- erning authority of the city. Five members shall be appointed from among the citizens of New Orleans at large, two of whom shall be from that portion of the city above Canal street and three of whom shall be from that portion of the city below Canal street. Two members shall be appointed by the Public Belt Railroad Commission.” Nine members shall be ap- pointed from the following organizations upon the recommendation of the organizations: Three members of the New Orleans Board of Trade Two members of the New Orleans Cotton Ex- change Two members of the New Orleans Sugar and Rice Exchange * The commission appoints the two members previously nomi- nated by the Mechanics, Dealers, and Lumbermen’s Exchange because this group no longer exists. 161 Vol. IV e §e. 6 New Orleans Studies Two members of the New Orleans Associa- tion of Commerce”6 In the event any one of these commercial or- ganizations shall cease to exist and there be no or- ganization performing similar functions, the mem- bers theretofore recommended by the organization shall be appointed by the Public Belt Railroad Com- mission. The mayor of the city of New Orleans shall be the president of the commission and shall have the right to vote at all meetings. The president pro tempore shall be chosen by the commission from those members appointed from the commercial or- ganizations. SECTION 2. Public Belt Railroad. (a). General powers and provisions. The control, operation, management, and develop- ment of the Public Belt Railroad system shall be ex- clusively vested in the Public Belt Railroad Commis- sion, which shall always be separate and distinct from that of any railroad. No director, attorney, of- ficer, or employee of any railroad shall ever be a member of the commission or an officer, attorney, or employee of the Public Belt Railroad, and, except to the extent and within the limitations provided in Section 3 (a), no right or privilege shall be granted to any railroad company to control, use, or operate the Public Belt Railroad system or any part thereof, as existing in 1938 or as extended by the use of its own funds or the proceeds of any bonds thereafter is- sued pursuant to Section 2 (b) (1) and (2). The system shall be and remain the sole property of the people of the city of New Orleans at all times and shall in no way or manner ever be hypothecated or alienated. The city of New Orleans by and through the commission shall have the power to make contracts and to acquire lands, leases, and other forms of * The New Orleans Association of Commerce now exercises the power of nominating two members previously exercised by the Pro- gressive Union. 162 Revenue Bond Issuance Restatement §." property necessary for the operation of a railroad 25 system, either by purchase, expropriation, or other- 26 wise, and shall have the right to operate within or 27 without the parish of Orleans. 28 (b). Power of New Orleans to borrow money 29 for purposes connected with the Public Belt Railroad. 30 (1) New Orleans Public Belt Railroad Bonds. 31 The city of New Orleans may issue, upon the recom- 32 mendation of the Public Belt Railroad Commission, 33 bonds to be known as New Orleans Public Belt Rail- 34 road Bonds, in a sum not to exceed three and one-half 35 million dollars ($3,500,000),”7 to be used exclusively 36 for the development, extension, additions, better- 37 ments, and construction of the Public Belt Railroad 38 system. All of said bonds shall run for not more than 39 forty years from date of issue and shall be issued in 40 serial form, payable in annual installments com- 41 mencing not more than fifteen years from date of 42 issue, the amounts payable each year for principal to 43 be as nearly equal as practicable. *14 These bonds shall be issued in such form, at such 45 rates of interest (not exceeding six percent) and 46 at such dates of maturity as recommended by the 47 Public Belt Railroad Commission. The principal and 48 interest of these bonds shall be paid by preference 49 from the revenues of the Public Belt Railroad after 50 deduction of the expenses of maintenance and opera- 51 tion; and all Public Belt Railroad revenues collectible 52 and all future Public Belt Railroad revenues, after 53 deduction of the expenses of maintenance and opera- 54 tion, are hereby pledged to secure said bonds and 55 interest. In case of any deficiency in these revenues 56 to pay either principal or interest in any year, the 57 city of New Orleans shall levy a tax to make up such 58 deficiency. 59 Such bonds shall be exempt from all taxation, 60 and tutors of minors and curators of interdicts shall 61 be authorized to invest all funds in their hands in 62 * This authorization when placed in the Constitution of 1921 (Article XIX, Section 27) was for five million dollars ($5,000,000) of bonds; but since one and one-half million dollars ($1,500,000) of this amount has been issued, the authorization here is stated in terms of the amount remaining authorized but unissued. See the comments on this problem in the Analysis. 163 Vol. IV te §e. 6 New Orleans Studies such bonds. They may be registered and released from registry under such rules and regulations as may be prescribed by the city of New Orleans, and no registered bond shall be negotiable. They shall be received on deposit with the state or its officers or any of its political subdivisions or municipalities in all cases where, by law, deposits of bonds are allowed or required to be made, as security with the state, or its officers, or with any of its political divi- sions or municipalities. In case of failure on the part of the city of New Orleans to administer and operate said Public Belt Railroad of the city of New Orleans, and to collect the revenues therefrom to provide for the payment of interest due or to become due and the redemption of bonds, the Board of Commissioners of the Port of New Orleans is hereby authorized, empowered, and directed to administer and operate said Public Belt Railroad, to impose such charges as it may fix, and to collect said revenues and levy and collect the special tax above provided for, and to apply the same to the purposes of this section, and to that extent and for that purpose only, and for such time as may be neces- sary to that end, said Board of Commissioners of the Port of New Orleans is hereby authorized to exercise all the powers and is charged with all the duties vested under this act in the city of New Orleans. All the provisions of this section shall constitute a contract between the holder of the bonds issued hereunder, the state of Louisiana, the city of New Orleans, and the Board of Commissioners of the Port of New Orleans. (2). City of New Orleans Public Belt Bonds, New Series, and City of New Orleans Public Belt Notes. The city of New Orleans shall have authority to issue at any time and from time to time, upon the recommendation of the Public Belt Railroad Com- mission for the city of New Orleans, bonds and notes to be known as City of New Orleans Public Belt Bonds, New Series, and City of New Orleans Public Belt Notes, respectively, solely for the purposes herein- below set forth. 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 164 Revenue Bond Issuance Restatement §." City of New Orleans Public Belt Bonds, New 105 Series, shall have such date or dates and shall be 106 issued in such form or forms and denomination or 107 denominations at such time or times and upon such 108 terms and conditions as to maturity or maturities, 109 rate or rates of interest, redeemability, if any, at 110 such premium or premiums, if any, and otherwise 111 as the city of New Orleans may deem advisable, pro- 112 vided that none of said bonds shall mature later than 113 fifty years after its date or bear interest at a rate 114 greater than five percent (5%) per annum. Said 115 bonds shall be sold to the highest bidder at public 116 sale for not less than par and accrued interest after 117 advertisement at least once a week for not less than 118 four (4) consecutive weeks, the date of first publica- 119 tion to be not less than thirty (30) days prior to 120 the date fixed for sale by the city of New Orleans. 121 Advertisement shall be in New Orleans, New York, 122 and such other place or places as the city of New 123 Orleans may determine. The city of New Orleans 124 shall reserve the right to reject any and all bids. 125 City of New Orleans Public Belt Notes shall 126 have such date or dates and shall be issued in such 127 form or forms and denomination or denominations 128 at such time or times and upon such terms and con- 129 ditions as to maturity or maturities, rate or rates 130 of interest, payment prior to maturity at principal 131 amount plus accrued interest, and otherwise as the 132 city of New Orleans may deem advisable, provided 133 that none of said notes shall mature later than five 134 years after its date or bear interest at a rate greater 135 than five percent (5%) per annum. None of said 136 notes shall be issued otherwise than to evidence a 137 loan of the principal amount thereof contemporane- 138 ously made to the city of New Orleans, and the city 139 of New Orleans is hereby authorized to borrow any 140 amount so loaned, solely for the purposes herein- 141 below set forth. The aggregate principal amount of 142 said notes at any one time outstanding shall be 143 limited to five hundred thousand dollars ($500,000). 144 No money shall be borrowed pursuant hereto from 145 any lender on terms less favorable to the city of 146 New Orleans than those by any other responsible 147 165 §. New Orleans Studies lender, but this provision shall not affect the valid- ity of said notes in the hands of any holder thereof. The funds realized from the sale of any of said bonds or from any loans evidenced by any of said notes shall be applied exclusively to the payment at maturity, or to the redemption or payment prior to maturity, of New Orleans Public Belt Railroad Bonds (now outstanding or hereafter issued) or City of New Orleans Public Belt Bonds or City of New Orleans Public Belt Bonds, New Series, or City of New Orleans Public Belt Notes. Whenever any City of New Orleans Public Belt Bonds, New Series, or City of New Orleans Public Belt Notes shall be issued to obtain funds for the payment or redemption of any of the bonds or notes referred to in the preceding paragraph, they may be delivered prior to the time for such payment or redemption (but not more than sixty days prior to such time), but in such case the proceeds derived from the sale thereof or the loan evidenced thereby, as the case may be, shall forthwith upon receipt be deposited in a duly qualified bank or trust company designated by the city of New Orleans, in a special trust account to be used exclusively for the discharge as Soon as practicable of the bonds or notes to be paid or redeemed, provided that any premium over par and accrued interest realized on the sale of any City of New Orleans Public Belt Bonds, New Series, need not be so deposited but shall be held by the city of New Orleans dedicated to the retirement thereafter of any of the bonds or notes referred to in the preceding paragraph. No purchaser of any of said City of New Or- leans Public Belt Bonds, New Series, and no maker of any loan evidenced by any of said City of New Orleans Public Belt Notes shall be required to see to such application or deposit or dedication of the funds realized from such sale or loan, and the valid- ity of said bonds and notes shall not depend in any manner whatever upon such application or deposit or dedication of said funds. Said bonds and notes and the income therefrom shall be exempt from all taxation for state, parish, 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 I76 177 178 179 180 181 182 183 184 185 186 187 188 189 190 166 Revenue Bond Issuance Restatement §." and municipal or other local purposes and, subject 191 to the rights of the holders of any outstanding New 192 Orleans Public Belt Railroad Bonds and City of 193 New Orleans Public Belt Bonds, shall have all the 194 advantages of such New Orleans Public Belt Rail- 195 road Bonds and such City of New Orleans Public 196 Belt Bonds. 197 Said bonds and notes shall be paid out of the 198 net revenues of the Public Belt Railroad. In case 199 of any deficiency in these revenues to pay either 200 principal or interest in any year, the city of New 201 Orleans shall levy a tax on all taxable property in 202 said city sufficient to provide for such deficiency, 203 and the full faith and credit of the city of New 204 Orleans shall be pledged for the payment of the 205 principal and interest of all said bonds and notes. 206 Said bonds and notes shall have, and are hereby 207 declared to have, the qualities of negotiable instru– 208 ments under the law merchant. - 209 The provisions hereof shall constitute a contract 210 between the holders of any bonds and notes issued 211 hereunder and the state of Louisiana and the city 212 of New Orleans. 213 SECTION 3. Public Belt Railroad bridge. 1 (a). General powers and limitations. The city 2 of New Orleans, acting through the Public Belt Rail- 3 road Commission, shall have the power to maintain 4 and operate” across the Mississippi River near New 5 Orleans a bridge for railroad, railway, and highway 6 uses, together with all approaches, railroad, railway, 7 and highway connections and appurtenances, and such 8 power, in so far as a bridge for railroad and railway 9 uses is concerned shall be exclusive. The city shall 10 also have the power to acquire, construct, maintain, 11 and operate railroads, terminals, depots, watercraft, 12 and other railroad facilities and to acquire same 13 either by purchase, lease, expropriation, or other- 14 15 wise, together with such property, ownership, use *Under the present constitution the authorization is “to acquire, construct, maintain, and operate” a bridge; since the bridge has been constructed, the authorization here covers only maintenance and opera- tion. 167 Vol. IV tº §e. 6 New Orleans Studies or possession of lands and other things necessary for such construction, maintenance, or operation; to lay out, open, close, or change any roadway, non- navigable stream or drain over which the approaches of such bridge or any other part of the public rail- road System of the city of New Orleans shall extend. The powers herein granted may be exercised in the parish of Orleans or in other parishes. All property so acquired shall be under the exclusive control and management of the Public Belt Railroad Commission. Said bridge, its approaches and appurtenances, and the lands and other things required in the con- struction, operation, or maintenance thereof shall be exempt from every form of taxation and shall in no manner be hypothecated, leased, or alienated by the city of New Orleans except as herein set forth, pro- vided that lands acquired, which by a three-fourths vote of all the members of said commission are de- clared not necessary for the construction of said bridge and appurtenances or for use in the operation thereof may be leased or sold. The proceeds of any such lease or sale shall be applied to the payment of the obligations issued for bridge purposes or to other purposes of the New Orleans Public Belt Railroad. The city of New Orleans, acting through the Public Belt Railroad Commission, shall have the ex- clusive right to transport or convey trains for any railroad over such bridge and over the lines of the Public Belt Railroad to the depot, yard, or terminal of said railroad or to any depot, yard, or terminal of the Public Belt Railroad system;” and no switch- ing or other privileges over the Public Belt Railroad system shall be granted to any railroad, provided that the city of New Orleans, through the Public Belt Railroad Commission, shall have the authority to 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 * An attempt has been made here to eliminate the ambiguity in the present constitutional provision by following that interpretation which seems most likely to have been contemplated. The present con- stitutional language is as follows: “The City of New Orleans, acting through the Public Belt Railroad Commission, shall have the exclusive right to transport or convey, for any railroad, trains, over such bridge and over the lines of the Public Belt Railroad to the depot, yard or terminal or said railroad to any depot, yard or terminal of the Public Belt Railroad System, and no switching or other privileges over the Public Belt Railroad System shall be granted to any rail- 3 y road. . . . 168 Revenue Bond Issuance Restatement §." contract, on such terms and conditions and for such 51 duration as may be approved by the vote of three- 52 fourths of all the members of said commission with 53 any railroad company or railroad companies entering 54 or hereafter entering New Orleans from the west 55 bank of the Mississippi River across said bridge, for 56 use by such railroad company or railroad companies 57 of said bridge, its approaches and appurtenances, and 58 of any tracks of the Public Belt Railroad system 59 for the transporting or conveying under its or their 60 own motive power, or the motive power of the Public 61 Belt Railroad, of its or their locomotives, cars, trains, 62 and other equipment and the contents thereof from 63 any point on the lines of such railroad company or 64 railroad companies or from any depot, yard, inter- 65 change, or terminal of such railroad company or rail- 66 road companies to any other point on the lines of such 67 railroad company or railroad companies or to any 68 other depot, yard, interchange, or terminal of such 69 railroad company or railroad companies; and the 70 rights of any such railroad company or railroad com- 71 panies under any such contract to use said bridge, 72 its approaches, and appurtenances may be made 73 superior to the lien of any mortgage executed to 74 secure any obligations issued hereunder. 75 (b). Public Belt Railroad Bridge Bonds. The 76 city of New Orleans is hereby granted power, for the 77 purposes enumerated in Section 3 (a), to issue upon 78 the recommendation of the Public Belt Railroad Com- 79 mission its negotiable obligations, not to exceed four- 80 teen million four hundred eighty-two thousand dol- 81 lars ($14,482,000) in aggregate principal amount, in 82 such forms, numbers, and amounts, at such times and 83 prices, and upon such terms and conditions as to 84 maturities, rates and payment of interest, final re- 85 demption (but not to mature later than fifty years 86 after their date), and otherwise as the city of New 87 Orleans may deem advisable. 88 However, all such obligations shall be secured 89 solely and only by liens and mortgages upon and 90 against such bridge and the approaches thereto and 91 the appurtenances thereof, and the lands and other 92 things required in the construction, operation, or 93 169 Vol. IV º §s. 6 New Orleans Studies maintenance thereof, and such other lands heretofore acquired in contemplation of the construction thereof, as may be included in the mortgage hereinafter re- ferred to, and by a lien and pledge upon the net reve- nues derived from the operation thereof, and by a pledge assignment of any contract or contracts, at any time made by the city of New Orleans, acting through the Public Belt Railroad Commission, with any rail- road or railroads for the movement of locomotives, cars, trains, and other equipment and the contents thereof over said bridge and the lines of the Public Belt Rail- road as hereinafter authorized and shall be paid therefrom and not by any tax or assessment or levy upon any taxable property in the city of New Orleans or out of any other funds, revenues, or things of value of said city; and in the event of any fore- closures of such mortgage the purchaser at fore- closure sale, and his successors and assigns, shall have a franchise for the use and operation of said bridge, approaches, and appurtenances for railroad, railway, and highway purposes, subject to any con- tract or contracts that may be made superior to the lien of the mortgage foreclosed upon, until the latest date of maturity specified in any bond issued here- under at any time outstanding, at the end of which period title thereto shall revert to the people of the city of New Orleans for use by the Public Belt Rail- road; said mortgage shall contain such stipulations, terms, provisions, and conditions not inconsistent here with as the city of New Orleans, upon the recom- mendation of the Public Belt Railroad Commission, may determine. The obligations issued hereunder shall be exempt from all taxation. The provisions hereof shall con- stitute a contract between the holders of any obliga- tions issued hereunder and the city of New Orleans. (c). Public Belt Railroad Bridge Fund Bonds. The city of New Orleans may, from time to time, upon recommendation of the Public Belt Railroad Commission for the city of New Orleans, borrow money and issue bonds and notes to be known as City of New Orleans Public Belt Bridge Fund Bonds and 94 95 96 97 98 99 I00 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 170 Revenue Bond Issuance Restatement §." and City of New Orleans Public Belt Bridge Fund 136 Notes, respectively, for the aggregate principal 137 amount of not more than nine hundred thousand dol- 138 lars ($900,000) at any one time outstanding, pro- 139 vided that the maximum amount that may be bor- 140 rowed in any one calendar year shall not exceed one 141 hundred fifty thousand dollars ($150,000) plus the 142 principal amount of previously issued City of New 143 Orleans Public Belt Bridge Fund Bonds and City of 144 New Orleans Public Belt Bridge Fund Notes paid 145 and retired during each calendar year. Said bonds 146 and notes shall have such date or dates and shall be 147 issued in such form or forms and denomination or de- 148 nominations, at such time or times and price or 149 prices, and upon such terms and conditions as to 150 maturity or maturities, rate or rates of interest, re- 151 demption, if any, at such premium or premiums, if 152 any, and otherwise as the city of New Orleans may 153 deem advisable, provided that none of said bonds 154 shall mature later than twenty years after its date 155 or bear interest at a rate greater than five percent per 156 annum. Said bonds shall be sold to the highest bidder 157 at public sale for not less than par and accrued in- 158 terest, after advertisement at least once a week for 159 not less than four (4) consecutive weeks, the date of 160 the first publication to be not less than thirty (30) 161 days prior to the date fixed for sale by the city of New 162 Orleans, New York, and such other place or places as 163 the city of New Orleans may determine. The city of 164 New Orleans shall reserve the right to reject any 165 and all bids. 166 The following limitations shall prevail: 167 (1) All such obligations shall be secured by 168 liens and mortgages upon and against such amounts 169 as shall from time to time become repayable to the 170 city of New Orleans, acting through the Public Belt 171 Railroad Commission, under and by virtue of its con- 172 tracts with railroads on account of monies expended 173 by it through the Public Belt Railroad Commission in 174 the construction of the Public Belt Railroad bridge, 175 and, subject to any liens, mortgages, pledges, and 176 assignments heretofore executed to secure Public Belt 177 171 Vol. IV sº §: 6 New Orleans Studies Railroad Bridge Bonds or hereafter executed to secure bonds issued to refund City of New Orleans Public Belt Bridge Revenue Bonds secured thereby, by liens and mortgages upon said bridge and the approaches thereto and the appurtenances thereof and the lands and other things required in the opera- tion and maintenance thereof, by a lien and pledge upon the net revenues derived from the operation thereof, and by a pledge and assignment of such contracts with any railroads, and shall be paid there- from and not by any tax or assessment or levy upon any taxable property in the city of New Orleans, nor out of any other funds, revenues or things of value of said city; provided that the commission may out of its general fund pay interest accruing thereon. In the event of any foreclosure of such mortgage the purchaser at foreclosure sale, his successors and as- signs, shall have a franchise for the use and operation of said bridge and appurtenances for railroad and railway purposes subject to contracts that may be superior to the lien or the mortgage foreclosed upon until October 1, 1982, at which time title thereto shall revert to the city of New Orleans for use by the Public Belt Railroad; all, however, without preju- dice to any Public Belt Railroad Bridge Bonds or any bonds issued to refund such bonds and subject to the rights of the holders thereof. (2) The funds realized from the sale of any of said bonds or from any loans evidenced by any of said notes shall be applied exclusively to the replen- ishment of the general fund of said commission and to the payment at maturity, or to the redemption and payment prior to maturity, of previously issued City of New Orleans Public Belt Bridge Fund Bonds or City of New Orleans Public Belt Bridge Fund Notes, or to the payment of interest on such previously issued City of New Orleans Public Belt Bridge Fund Bonds or City of New Orleans Public Belt Bridge Fund Notes; but no purchaser of any of said bonds or lender in any of said loans shall be required to see to such application of the funds realized from such sale or issue, and the validity of said bonds and 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 172 Revenue Bond Issuance Restatement §." notes shall not depend in any manner whatever upon 220 such application of said funds. 221 (3) The aggregate principal amount of said 222 notes at any one time outstanding shall be limited to 223 five hundred thousand dollars ($500,000). None of 224 said notes shall mature later than five years after 225 its date, and none shall be issued otherwise than to 226 evidence a loan of the principal amount thereof con- 227 temporaneously made to the city of New Orleans. 228 (4) Said bonds and notes and the income there- 229 from shall be exempt from all taxation for state, par- 230 ish, and municipal or other local purposes. 231 (5) Said bonds and notes shall have, and are 232 hereby declared to have, the qualities of negotiable 233 instruments under the law merchant. 234 (6) The provisions hereof shall constitute a con- 235 tract between the holders of any bonds and notes 236 issued hereunder and the state of Louisiana and the 237 city of New Orleans. 238 SECTION 4. Railroad Passenger Station. The city of 1 New Orleans, acting through the Public Belt Rail- 2 road Commission, shall have the power, in any manner 3 it may determine, to acquire, construct, maintain, and 4 operate one or more railroad passenger stations, with 5 all approaches thereto and appurtenances thereof, and 6 shall also have the power to acquire by purchase, lease, 7 contract, expropriation, or otherwise, all such lands, 8 tracks, and other property, real or personal, or rights 9 of use or possession thereof as it may deem necessary 10 or desirable for the construction, maintenance, and 11 operation of said railroad passenger station or sta- 12 tions, provided, however, that in the maintenance and 13 operation of said passenger station or stations and the 14 other property referred to in this section, no fund of 15 the city of New Orleans or of said commission, except 16 funds derived from the revenues produced by said op- 17 eration, shall be expended. The powers herein granted 18 may be exercised anywhere in the parish of Orleans or 19 in any parish adjacent thereto. In connection with any 20 project for building any such passenger station or sta- 21 tions the city of New Orleans, through said commis- 22 sion, shall have the power to do everything it deems 23 173 §:...'. New Orleans Studies necessary or desirable for the purpose of minimizing interference caused by railroad traffic of any sort with the use of streets, thoroughfares, and roads, and with the proper development of the city of New Orleans, and for that purpose may include in the property acquired or constructed hereunder, or the right of use or possession of which is acquired hereunder, any and all depots, freight terminals, classification yards, tracks, and other railroad facilities, provided, how- ever, that for the exclusive purpose of minimizing in- terference caused by railroad traffic of any sort with the use of streets, thoroughfares, roads, or with the proper development of the city of New Orleans, the power of expropriation shall not be exercised to acquire any existing freight depot, freight terminal, freight classification yard, track, or other railroad facility. The Commission Council of the city of New Orleans, on such terms and conditions as it may prescribe, may dedicate to the use of any project hereunder any streets, thoroughfares, roads, or other property be- longing to or under the control of the city of New Orleans; and the police jury of any adjacent parish, on such terms and conditions as it may prescribe, may dedicate to the use of such project any streets, thoroughfares, roads, or other property belonging to said parish or under the control of said police jury. The operation of any passenger station or sta- tions herein authorized may include operating, or granting leases or concession for the operation of, any restaurant, store, or other enterprise of any sort associated with a railroad passenger station. The city of New Orleans, through the Public Belt Railroad Commission, shall have the power at any time to rebuild, reconstruct, improve, and enlarge any constructed property theretofore acquired pursuant hereto. The city of New Orleans, through the Public Belt Railroad Commission, shall have the power to make a loan or loans to any railroad company or railroad companies to be used by said railroad company or railroad companies for defraying the expenses of any improvement in the parish of Orleans, or in any par- ish adjacent thereto, of any tracks, depots, freight 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 174 Revenue Bond Issuance Restatement §." terminals, classification yards, or other facilities of 67 such railroad company or railroad companies, pro- 68 vided, however, that no funds of the city of New Or- 69 leans or of said commission shall be so loaned except 70 funds obtained from Union Passenger Terminal Bonds. 71 The city of New Orleans, through the Public Belt 72 Railroad Commission, shall have the authority to 73 enter into a contract or contracts containing such 74 terms, conditions, stipulations, and provisions, and 75 for such duration, as may be approved by the vote of 76 a majority of all the members of said commission, 77 with any railroad company or railroad companies 78 entering or hereafter entering New Orleans, for the 79 use by such railroad company or railroad companies 80 of said passenger station or stations, the approaches 81 thereto, appurtenances thereof, and/or of any tracks 82 or other property constructed pursuant to this section, 83 or the ownership or right of use or possession of 84 which is acquired or dedicated pursuant to this section 85 for or in connection with the transporting, conveying, 86 or other handling under the motive power of such 87 railroad company or railroad companies of the loco- 88 motives, cars, trains, and other equipment of such 89 railroad company or railroad companies, and passen- 90 gers therein and freight and other contents thereof. 9] Said passenger station or stations and all property 92 and rights of use or possession of property acquired, 93 constructed, or dedicated pursuant to this section shall 94 be under the control and management of the Public 95 Belt Railroad Commission, but any contract entered 96 into pursuant to this paragraph or resolution adopted 97 by said commission by a vote of a majority of all the 98 members thereof may vest in a committee or other 99 body composed of representatives of any and all 100 interested parties, including but not limited to repre- 101 Sentatives of any railroad company or railroad com- 102 panies, constituted as provided in such contract or 103 resolution, such powers as may be specified in such 104 contract or resolution for supervising or controlling 105 the acquisition, construction, maintenance, and opera- 106 tion of said passenger station or stations, the ap- 107 proaches thereto, appurtenances thereof, and any 108 175 Vol. IV º ëi. 6 New Orleans Studies tracks or other property referred to in this section. Any such contract may be made superior to the lien of any mortgage executed to secure any bond issued hereunder. Any right of use granted pursuant to this paragraph to any railroad company or railroad com- panies by the city of New Orleans through the Pub- lic Belt Railroad Commission shall be exempt from every form of taxation. Without restricting any power or discretion here- in conferred upon the city of New Orleans, acting either through its Commission Council or the Public Belt Railroad Commission, it is hereby declared to be the policy of this section that the railroad passenger station or stations or other railroad facilities acquired or constructed by the city of New Orleans pursuant hereto shall not be operated at a profit to the city of New Orleans or the Public Belt Railroad Commission. It is to be understood that the city of New Orleans and the Public Belt Railroad Commission shall not be deprived of any element of cost paid by them or either of them with proper interest on all amounts ex- pended or advanced and, further, that after all costs with interest have been reimbursed (but in no event sooner than 1988), the city of New Orleans shall re- ceive, in addition to all costs of maintenance and oper- ation, a net rental in an amount equal to what the taxes would be on the stations or facilities furnished by it, based on their then fair value if the same were not tax-exempt. Said passenger station or stations, the approaches thereto and appurtenances thereof, and all other prop- erty and right of use or possession of property acquired, constructed, or dedicated pursuant to this section which shall be owned by the city of New Orleans, shall be exempt from every form of taxation and shall in no manner be hypothecated, leased, or alienated by the city of New Orleans, except as herein set forth, provided, however, that any real or personal property acquired pursuant to this section hereof not needed for the construction or operation of any facil- ity referred to in this section may, by the Commis- sion Council of the city of New Orleans, be leased or sold or dedicated to public purposes of the city of New 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 176 Revenue Bond Issuance Restatement §." Orleans. The proceeds of any such lease or sale shall 152 be applied to the payment of the obligations issued 153 hereunder. 154 In connection with any project authorized hereby, 155 the city of New Orleans may accept and utilize any 156 grant, loan or financial or other assistance of any 157 board, body, or other agency of the United States or of 158 any other board, body, or other agency. 159 Any project hereunder may include such pro- 160 visions as may be agreed to by the city of New Or- 161 leans, through the Public Belt Railroad Commission, 162 or determined by the city of New Orleans, through its 163 Commission Council, for eliminating grade crossing 164 of any tracks used or to be used for reaching the 165 aforesaid passenger station or stations or any other 166 railroad tracks. All or any part of the cost of elimi– 167 nating grade crossings of any tracks, to the extent 168 agreed to by the city of New Orleans, through the 169 Public Belt Railroad Commission, or determined by 170 the city of New Orleans, through its Commission 171 Council, may be defrayed by use of the proceeds of 172 the Union Passenger Terminal Bonds; but the city of 173 New Orleans is hereby empowered to contribute any 174 funds towards such cost to such extent as its Commis- 175 sion Council may determine, provided no railroad com- 176 pany shall be required to pay rent or interest on any 177 facility constructed or acquired for the sole use of any 178 other railroad company. In order for the city of New 179 Orleans to obtain funds for any contribution by it re- 180 ferred to in this paragraph, bonds may be issued 181 under Section 1(a) of the Restatement in Chapter 4,” 182 subject to compliance with the requirements of said 183 procedure, but no bonds of the city of New Orleans, 184 except the Union Passenger Terminal Bonds, shall be 185 issued under said provision or otherwise to defray any 186 other cost of any project herein authorized. 187 The Public Belt Railroad system shall have no 188 right, except through contract, to use in its switching 189 operations any track, depot, terminal, yard, or other 190 facilities acquired or constructed or the right to use 191 * Section 4 of Act 4 of 1916. This is the grant of authority to New Orleans to issue bonds for general municipal purposes. 177 Vol. IV * §s. 6 New Orleans Studies which is acquired pursuant to this section, provided, however, the Public Belt Railroad Commission shall not be deprived of any of its existing powers of authority by this provision. The city of New Orleans, through its Commis- sion Council, is hereby vested with full power and authority to compel, if deemed by it necessary or desirable to promote the public safety or welfare, any railroad company or railroad companies entering or hereafter entering the city of New Orleans to use any passenger station or stations and/or any other prop- erty referred to in this section on such reasonable terms and conditions as said Commission Council may prescribe, and in that connection, to compel any such railroad company or railroad companies to re-locate and re-arrange its or their tracks, yards, and other facilities to such extent as may be necessary; it is the intent hereof to vest in the city of New Orleans, through its Commission Council, all power and author- ity in this regard which might be exercised by or un- der the authority of the state of Louisiana, provided, however, that the power and authority granted in this paragraph shall be subject to such approval of the In- terstate Commerce Commission or other federal au- thority as may be necessary. Nothing herein contained shall be deemed to repeal, limit, modify, or affect any police power or other power of the city of New Orleans, through its Commission Council, or the Public Belt Railroad Com- mission, or otherwise. II. UPPER PONTALBA BUILDING31 SECTION 5. For the purpose of refunding any Upper Pontalba Building Commission Bonds and interest accrued thereon, the city of New Orleans may in the manner hereinafter provided issue revenue bonds. Such refunding bonds may either be sold and the proceeds applied to or deposited in escrow for the 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 : * The bonds originally authorized by Article XIV, Section 31.4 have been issued and are presently outstanding. The material is in- cluded here because refunding bonds are also authorized to be issued under the provision of Article XIV, Section 31.4, paragraph 12. The provision here is written with reference to the power of the city to issue refunding bonds. 178 Revenue Bond Issuance Jº Restatement §.". retirement of the outstanding bonds or may be deliv- 7 ered in exchange for the outstanding bonds. 8 Any bonds issued hereunder shall be authorized 9 by resolution of the Commission Council and shall be 10 payable solely from the income and revenues to be 11 derived from the operation of the Upper Pontalba 12 Building. The Commission Council may in the resolu- 13 tion or resolutions authorizing such bonds agree to 14 maintain and operate the building from the city's 15 other revenues and funds during the life of the bonds; 16 the agreement may be applicable either to the entire 17 cost of maintenance and operation or to such portion 18 thereof as may be fixed in such resolution or resolu- 19 tions. Such bonds shall not constitute an indebtedness 20 or pledge of the general credit of the city within the 21 meaning of, and shall not be subject to, any constitu- 22 tional or statutory limitation of indebtedness and 23 shall contain a recital to that effect. Such bonds 24 shall be in coupon form but may be made registerable 25 as to principal if so provided in the resolution author- 26 izing their issuance. The bonds shall be in the denomi– 27 nation of $100 or a multiple thereof, shall bear interest 28 at coupon rate not exceeding six percent per annum, 29 shall mature serially or otherwise in such manner as 30 may be provided by the Commission Council, but not 31 later than forty years from their date, shall be made 32 payable at such place or places within or without the 33 state of Louisiana as may be provided by the Com- 34 mission Council, and in the discretion of the Commis- 35 sion Council may be made redeemable at the option 36 of the city prior to maturity at such premium or 37 premiums not greater than three percent of the princi- 38 pai amount thereof as the Commission Council may 39 determine. The bonds shall be signed by such officers 40 of the city as may be designated in the resolution 41 authorizing their issuance. Interest coupons to be 42 attached thereto may be executed with the fac- 43 simile signature of such officers, and in the event that 44 any officer whose signature appears on such bonds or 45 coupons shall cease to be such officer before the 46 delivery of the bonds to the purchaser, such signature 47 shall nevertheless be valid and sufficient for all pur– 48 poses. The bonds shall be sold in such manner and 49 179 Vol. IV e §: 6 New Orleans Studies at such times as the Commission Council may de- termine after due advertisement in a New Orleans daily newspaper once a week for three consecutive weeks. Any bonds issued hereunder shall be payable from and secured by the pledge of the revenues de- rived from the operation of the Upper Pontalba Building subject only to the prior payment therefrom of such portion of the necessary cost of maintaining and operating the building as may not have been agreed to be paid by the city from other funds as above authorized. Any holder of said bonds or of any of the coupons thereto attached may either at law or in equity by suit, action, mandamus, or other proceedings enforce and compel performance of all duties required to be performed by the Commission Council and the officials and commissions of the city by the provisions of this amendment and the proceed- ings authorizing the issuance of such bonds. If any bond issue hereunder shall be permitted to go into default as to principal or interest, any court of com- petent jurisdiction is hereby authorized, pursuant to application of the holder of such bond, to appoint a receiver for the project, who shall be under the duty of operating the project and collecting and distribut- ing the revenues thereof pursuant to the provisions and requirements of the resolution authorizing the bonds. If more than one series of bonds shall be issued hereunder payable from the revenues of the Upper Pontalba Building, priority of lien on such revenues shall depend on the time of delivery of such bonds, each series enjoying a lien prior and superior to that enjoyed by a series of bonds subsequently delivered, provided, however, that as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in block, the Commission Council may in the proceedings authorizing the issuance of said bonds provide that all of the bonds of such series or issue shall be coequal as to lien regardless of the time of delivery, and provided further that the Com- mission Council may provide that the bonds shall have 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 180 Revenue Bond Issuance Restatement §." the same priority of lien on the revenues pledged for 92 their payment as was enjoyed by the bonds refunded. 93 These bonds shall constitute negotiable instru– 94 ments within the meaning of the Negotiable Instru– 95 ments Law as that law is now or may hereafter be 96 in force in Louisiana and shall be eligible for the 97 investment and securing of all public funds and trust 98 funds governed by the laws of Louisiana. 99 Any resolution authorizing the issuance of bonds 100 hereunder shall provide for the creation of a sinking 101 fund into which shall be paid from the revenues of 102 the project, subject only to prior payment therefrom 103 of such portion of the reasonable and necessary 104 expenses of operating and maintaining the building 105 as may not have been agreed to be paid from other 106 revenues and funds of the city as above provided, 107 sums fully sufficient to pay principal of and interest 108 on such bonds, and to create such reserve for con- 109 tingencies as may be provided in such resolution. The 110 monies in the sinking fund shall be applied to the 111 payment of interest on the principal of the bonds 112 or to the purchase or retirement of the bonds prior 113 to maturity in such manner as may be provided in 114 such resolution. 115 The resolution authorizing the issuance of bonds 116 hereunder may contain such covenants with the fu- 117 ture holder or holders of the bonds as to the manage- 118 ment and operation of the building, the imposition 119 and collection of fees, rentals and charges for the 120 products, commodities, rooms or apartments, or serv- 121 ices furnished thereby, the disposition of such fees, 122 rentals, and revenues, the issuance of future bonds 123 and the creation of future liens and encumbrances 124 against such building and the revenues thereof, the 125 carrying of insurance on the properties constituting 126 such building, the disposition of the proceeds of any 127 such insurance, and other pertinent matters as may 128 be deemed necessary by the Commission Council to 129 assure the marketability of such bonds, provided such 130 covenants are not inconsistent with the provisions of 131 this section. 132 Provisions may be made in such resolution for 133 the appointment of a trustee to carry out such duties 134 181 §." New Orleans Studies and to have such powers as may be provided in the resolution, including particularly the power to receive and distribute the revenues derived from the opera- tion of the building, the power to hold all policies of insurance covering the building, the power to enforce in behalf of the holders of the bonds all rights ac- cruing to them by reason of the resolution, and such other powers as are customarily granted to trustees under mortgages securing bond issues. Any resolution authorizing the issuance of bonds hereunder shall be once published according to law in the official journal of the city. For a period of thirty days from the date of such publication, any person in interest shall have the right to contest the legality of said resolution and of the bonds to be issued pursuant thereto and the provisions securing the bonds. After the expiration of said thirty days, no one shall have any right of action to contest the validity of said bonds or the provisions of the resolu- tion pursuant to which the bonds were issued, and all such bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters. When the city shall have issued bonds hereunder and shall have pledged the revenues of the Upper Pontalba Building for the payment thereof as herein provided, the city shall impose and collect fees, rentals, and charges for the products, commodities, rooms, or apartments and services furnished by Such building, including those furnished to the city itself and its various agencies and departments, in Such amounts and at such rates as shall be fully sufficient at all times to pay the expenses of operating and maintaining such building not otherwise paid by the city, provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due, provide such reasonable fund contingencies as may be required by the resolution authorizing the bonds, and provide an adequate depre- ciation fund for such repairs, extensions and improve- ments to the building as may be necessary to assure adequate and efficient service. No board or commission other than the Commission Council of the city shall 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 182 Revenue Bond Issuance I. IV Restatement ë. 6 have authority to fix or supervise the making of such 178 fees and charges. III. PUBLIC FERRY SYSTEM SECTION 6. In order to provide funds for the purpose of purchasing the “Canal Street Ferry” and “Third District (Barracks Street) Ferry” services, the Com- mission Council for the city of New Orleans shall have and is hereby granted authority and power to issue bonds of said city not to exceed seven hundred and fifty thousand dollars ($750,000). These bonds shall be secured by a mortgage on the properties employed in the operation of said utility and pay- able out of the income and revenues of said prop- erties. The bonds so authorized shall be in such form and denomination and payable at such times and places as said Commission Council for the city of New Orleans may determine, but shall not be for a longer period than thirty years. They shall be free from taxes in the state of Louisiana. Such bonds shall be negotiated on the best terms obtainable at public sale after thirty days advertisement in one or more newspapers of daily circulation in the city of New Orleans, shall bear interest not exceeding six percent (6%) per annum, payable semi-annually, and shall be made to mature at such times and in such amounts as may permit them to be conveniently retired out of the funds herein specially pledged for their payment; the Commission Council for the city of New Orleans, however, shall have authority to call any or all of said bonds prior to said fixed ma- turities upon such terms and conditions as it may prescribe. All bonds issued under the provisions hereof shall be considered the obligations of the city of New Or- leans, but shall not be included in computing the in- debtedness of said city under any limitation con- 179 * This material was added to the present constitution (Article XIV, Section 31.1) by amendment in 1932. Since the power has not been yet exercised, it seems unlikely that it will ever be utilized; how- ever, this authorization is still a part of the present constitution and for that reason is included in this Restatement. 183 §. New Orleans Studies tained in the constitution or statutes of the state or in the charter of said city. As soon as the city of New Orleans has acquired said ferry systems, their management, control, main- tenance, and operation shall be vested in a Public Ferry Board of five members to be appointed by the mayor and approved by the Commission Council; two members of such board shall be appointed from Al- giers, one from the section of the city of New Or- leans above Canal street, one from the section below Canal street, and the fifth from the city of New Or- leans at large. Said members shall serve without pay, and members of the first board so appointed shall serve for one, two, three, four, and five years, respectively, as appointed thereto; the members ap- pointed thereafter, including those appointed to fill any vacancies that may occur, shall serve for five years each. The Commission Council is empowered to remove any member for cause. The board shall arrange for and supervise the collection of tolls for the use of said ferries, which shall be at such rate as the board, by and with the approval of the Commission Council, may determine, but the rates so fixed shall be such as to provide for the retirement of the bonds issued for the purchase of said ferries within no more than thirty years. All tolls and revenues collected under the pro- visions hereof shall be remitted daily to the city treasurer to be kept by him in a separate account and to be used exclusively for the maintenance and operation of said ferries, the retirement of the bonds issued for their purchase, and the setting up in a separate fund of an adequate reserve for renewals and replacements. The board, by and with the approval of the Com- mission Council, may issue additional bonds for the purchase of new equipment, but the total bonds out- standing at any one time shall not exceed seven hun- dred and fifty thousand dollars ($750,000). 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 184 g CONCORDANCE TABLES I Present Constitution Restatement Constitution Incorporated Material Reprinted at Article Section Act No. Section Pages Lines Section Pages Lines XIV 26 349, 350 1–14 1 161, 162 1–29 XIV 26 N. O. Ord. 2683, 1. 469 1. 161, 162 1–23 N. C. S. XIV 26 350 14–19 1. 162 30–35 XIV 26 350 19–21 1 161, 162 1–29 XIV 26 350 21–39 2 (a) 162, 163 2–10 17–28 XIV 26 350 40–42 Obsolete XIV 27 350, 351 1–12 2 (b) (1) 163 31–44 XIV 27 Incorporated Act 351 13–16 2 (b) (1) 163, 164 60-94 179 Of 1908 1 424 23–24 2 (b) (1) 163, 164 60–64 179 of 1908 1 424 25–30 2 (b) (1) 164 63—72 179 of 1908 3 424 1–17 2 (b) (1) 163 48–56 179 of 1908 3 425 3.5–47 2 (b) (1) 164 73–89 179 Of 1908 8 426 2 (b) (1) 164 90–94 XIV 27 351 17–24 2 (b) (1) 163 45–48 56–59 XIV 27 351 25–30 Obsolete XIV 27 351, 352 31–84 Obsolete XIV 27 352, 354 85–189 2 (b) (2) 164–167 XIV 28 354, 355 1–22 3 (a) 167, 168 1–25 XIV 28 355 23–67 3 (b) 169–170 76—125 XIV 28 355, 356 68–81 Obsolete XIV 28 356, 357 82–127 3 (a) 168, 169 26–75 XIV 28 357 128–129 3(b) 170 126–127 XIV 28 357 130–131 Obsolete XIV 28 357 132–134 3(b) 170 126–129 XIV 28 357–359 135–240 3 (c) 170–173 130–238 XIV 31.1 359, 360 6 183, 184 XIV 31.3 360–363 1–130 4 . 173–176 1–137 XIV 31.3 363, 364 131–189 Obsolete XIV 31.3 364 190–204 4 176, 177 138–154 XIV 31.3 364 205–213 Obsolete XIV 31.3 365 214–261 4 177, 178 155–195 XIV 31.3 365, 366 262–268 2 (a) 162 10–17 XIV 31.3 366 269—292 4 178 196–221 XIV 31.3 366 293–298 XIV 31.3 366 299 Obsolete XIV 31.4 366, 367 1–34 Obsolete XIV 31.4 367–370 35–201 5 178–182 1–143 181—201 182, 183 158–179 XIV 31.4 370 202–219 b 178–183 XIV 31.4 3.71 220–232 5 182 144–157 XIV 31.4 3.71 23.3—235 5 181 97–99 XIV 31.4 3.71 236–258 CONCORDANCE TABLES 2(a) 162 10–17 | XIV 31.3 365, 366 262—268 2 (b) (1) 163 29—44 | XIV 27 350, 351 1–12 2 (b) (1) 163 45–48 XIV 27 351 17–24 2 (b) (1) 163 56–59 2 (b) (1) 163 48–56 179 of 1908 3 424 1–17 2 (b)(1) 163, 164 60–94 | XIV 27 351 13–16 2 (b) (1) 163, 164 60–64 179 of 1908 1 424 23–24 2 (b) (1) 164 63—72 179 of 1908 1 424 25–30 2 (b) (1) 164 73–89 179 of 1908 3 425 35–47 2 (b) (1) 164 90–94 179 of 1908 8 426 2 (b)(2) 164–167 XIV 27 352–354 85–189 3 (a) 167, 168 1–25 | XIV 28 354, 355 1–22 3 (a) 168, 169 26—75 XIV 28 356, 357 82–127 3 (b) 169, 170 76—125 | XIV 28 355 23–67 3(b) 170 126–129 | XIV 28 357 132–134 3 (c) 170–173 130–238 | XIV 28 357–359 135–240 4 173–176 1–137 | XIV 31.3 360–363 1–130 4 176, 177 138–154 XIV 31.3 364 190–204 4 177, 178 155–195 | XIV 31.3 365 214–261 4 178 196–221 | XIV 31.3 366 269–292 5 178–182 1–143 | XIV 31.4 367–370 35–181 5 181 97—99 || XIV 31.4 371 233–235 5 181 144–157 | XIV 31.4 3.71 220–232 5 181, 183 158–179 | XIV 31.4 370 181—201 6 183–184 XIV 31.1 359–360 Present Constitution Restatement N. C. S. 1 162 30–35 | XIV 26 350 14–19 2(a) 162 2–10 | XIV 26 350 21–39 162, 163 17–28 19–21 1 161, 162 1–23 N. O. Ord. 2683, 1 469. 477 Incorporated Material Constitution Section Pages Lines Article Section Act No. Section Pages Lines 1 161, 162 1–29 | XIV 26 349, 350 1–14 Reprinted at g Revenue Bond Issuance Vol. IV e Ols Analysis Chap. 6 C. ANALYSIS Introductory notes: The following portion of this chapter is designed to present a study of the detailed pro- visions of the present constitution concerning the power of New Orleans to issue revenue bonds and related matters (Article XIV, Sections 26–28, 31.1, 31.3, and 31.4). An attempt has been made to indicate the provisions which are obsolete and to describe briefly and generally the actions which have been taken under the various authoriza- tions. The comments in this section are keyed to the con- stitutional and legal materials contained in Appendix III. ARTICLE XIV, SECTION 26, p. 349. This section of the constitution provides for the composition, organization, and general powers of the Public Belt Railroad Commission. ARTICLE XIV, SECTION 26, p. 349, lines 1–21. Ordinance 2683, New Council Series of the City of New Orleans. This provision sets out the composition of the Public Belt Rail- road Commission by referring to the municipal ordinance which originally established the commission. Ordinance 2683, New Council Series of the City of New Orleans, Section 1, p. 470, lines 1–29. It seems that these are the only provisions of this ordinance referred to by the constitutional provision. It should be noted that two of the organizations here mentioned have gone out of existence—the New Orleans Progres- sive Union, and the Mechanics, Dealers and Lumber- men’s Exchange. In practice and according to lines 8–12 of the constitutional provision, the selections previously made by these two organizations are today made by the New Orleans Association of Commerce (successor of the New Orleans Progressive Union) and by the Public Belt Railroad Commission. ARTICLE XIV, SECTION 26, p. 350, lines 21–39. These provisions define the general powers of the commission and the city in regard to the Public Belt Railroad Com- mission and attempts to insure that the belt railroad is kept separate from any private railroad. ARTICLE XIV, SECTION 26, p. 350, lines 40–42; ACT 179 OF 1908. The act here ratified was an amendment to the Constitution of 1898. It was the legislation under which the commission was first recognized by state law. The amendment was principally concerned with authorizing the city to issue $2,000,000 of revenue bonds for develop- ing the Public Belt Railroad system. Since these bonds 187 §:...'. New Orleans Studies were called for payment and retired under the amendment added to Section 27 by Act 45 of 1938 (see below), most of the provisions of the amendment are obsolete in so far as the ratification under consideration is concerned. How- ever, rights of bondholders under the amendment are extended to holders of other bonds by other provisions of the constitution. ACT 179 OF 1908, Sections 1–5, pp. 423–425. These Sections provide for the authorization, terms, manner of selling and servicing, and use of the proceeds of the bonds mentioned immediately above. Since the bonds have been issued and retired (Smith and Rives, Op. cit., p. 31), it seems that these sections are now obsolete. See, however, the comment on lines 13–16 of Article XIV, Section 27 below. ACT 179 OF 1908, Section 6, p. 425, lines 1–6. These provisions are restated in large part in para- graph 1 of Section 26 of Article XIV. ACT 179 OF 1908, Section 6, p. 426, lines 7–11. Since the principal and interest of the bonds issued under this amendment have been fully paid, this provision seems to be obsolete. ACT 179 OF 1908, Section 7. Most of the provisions of this section are included in the first paragraph of Section 26 of Article XIV of the present constitution. ACT 179 OF 1908, Section 8, p. 426. This section concerns the holders of bonds issued under the amend- ment. Since the bonds have been retired, the provision is obsolete. See, however, the comment on lines 13–16 of Article XIV, Section 27. ACT 179 OF 1908, Sections 9–10, p. 426. These sec- tions provide for the submission of the amendment to the people. They are now obsolete. ARTICLE XIV, SECTION 27, pp. 350–354. This section of the present constitution consists of the four paragraphs which constituted Section 27 of the constitution as written in 1921, six paragraphs added by an amendment proposed by Act 45 of 1938, and ten paragraphs added by an amend- ment proposed by Act 391 of 1940. In the latest constitu- tion published by the secretary of state only the last amend- ment is included as Section 27. However, in view of the fact that the resolutions proposing both the 1938 and the 1940 amendments clearly contemplate additions to Section 27, it seems that the constitutional section should consist of the section as originally written in the Constitution of 1921 and both of the subsequent amendments. 188 Revenue Bond Issuance Vol. IV e Ols Analysis Chap. 6 ARTICLE XIV, SECTION 27, p. 350, lines 1–23. These lines constituted Section 27 as originally written in the Con- stitution of 1921. They authorize the issuance of $5,000,000 of bonds for the development and extension of the Public Belt Railroad system and provide for their service and retirement primarily out of the surplus revenues from the operation of the System and secondarily from the proceeds of a special ad valorem property tax sufficient to meet needs. ARTICLE XIV, SECTION 27, p. 350, lines 1–12. This para- graph provides the authority for issuing and the terms of the bonds. (See Exhibit IV at the end of Appendix II for detailed information concerning the bonds issued through the Public Belt Railroad Commission under this and other constitutional authorizations.) Only $1,500,000 of the $5,000,000 authorization has been issued. Although the re- maining $3,500,000 might yet be issued, there is question in this regard. The entire bond authorization of $5,000,000 was approved by the qualified electors of New Orleans in November, 1922. Since this election, twenty-eight years have passed and there arises a question whether or not this constitutes an unreasonable de la y under the principle generally applied by the courts that where the authority for a local government bond issue does not indicate the period of time within which the bonds must be issued, they must be issued within a reasonable time, the purposes, etc., of the issue being material factors in determining a “reasonable” time [see 135 A.L.R. 768 and Jefferson B. Fordham, Local Government Law (Brooklyn: The Founda– tion Press, Inc., 1949), pp. 545–547]. But as the question has not been considered by the courts in regard to this authorization, it must be assumed that the authorization is still effective with regard to the $3,500,000 of bonds re- maining authorized but unissued. ARTICLE XIV, SECTION 27, p. 351, lines 13–16. As pre- viously mentioned, the bonds authorized by Act 179 of 1908 have been retired. An attempt has been made below to list the principal “advantages” of bonds issued under Act 179 of 1908 to which reference is here made. 1. Tutors of minors and curators of interdicts are authorized to invest funds in their hands in the bonds (Section 1, p. 424, lines 23–24). 2. The bonds are receivable on deposit with the state or its officers or subdivisions or municipalities in all 189 . IV Q § 6 New Orleans Studies cases where deposits of bonds are allowed or re- quired as Security (Section 1, p. 424, lines 27–30). 3. The principal and interest of the bonds are re- quired to be paid by preference from the revenues of the Public Belt Railroad after deduction of the expenses of maintenance and operation; such reve- nues are pledged by law to secure these payments (Section 3, p. 424, lines 1–7). 4. If the city fails to make proper payments of interest and principal, the Board of Commissioners of the Port of New Orleans is authorized to operate the Public Belt Railroad system and to impose charges and collect revenues and to levy and collect the tax authorized to secure the deficiency and to apply the proceeds to meeting the bond obligations (Section 3, p. 425, lines 35–47). 5. The provisions of the act constitute a contract be- tween the holder of the bonds, the state of Louisi- ana, the city of New Orleans, and the Board of Commissioners of the Port of New Orleans (Section 8, p. 426). ARTICLE XIV, SECTION 27, p. 351, lines 17–24. This paragraph provides for the terms of the bonds and for the sources of repayment—i.e., out of revenues of the Public Belt Railroad and proceeds of a special tax levy for the deficiency. Generally, it has not been necessary to levy the special tax since the surplus revenues of the Public Belt Railroad have been sufficient to meet needs. The provisions concerning payment of interest and principal are actually duplicatory, since they are “advantages” of the bonds issued under Act 179 of 1908. ARTICLE XIV, SECTION 27, p. 351, lines 25–30. The election here contemplated was held and resulted favorably to the issuance of the bonds [The Times-Picayune (New Or- leans, Louisiana), November 8, 1922, p. 1]. The paragraph is now obsolete. ARTICLE XIV, SECTION 27, p. 351, lines 31–84. These lines, which were added by an amendment proposed by Act 45 of 1938, authorized the issuance of $2,000,000 of bonds for the principal purpose of refunding the $2,000,000 of bonds issued under Act 179 of 1908 discussed above. ARTICLE XIV, SECTION 27, p. 351, lines 31–46. This paragraph authorized the issuance of the bonds mentioned immediately above. The entire amount of $2,000,000 was 190 Revenue Bond Issuance Vol. IV e Ols Analysis Chap. 6 issued, and the bonds issued under Act 179 of 1908 were retired in accordance with the intention of this author- ization. See Exhibit IV at the end of Appendix II. ARTICLE XIV, SECTION 27, p. 351, lines 47–54. This provision is essentially the same as lines 13–16 of Section 27 discussed above. ARTICLE XIV, SECTION 27, p. 351, lines 55–62. These provisions for payment of interest and principal of the bonds are the same as those discussed above in connection with the $5,000,000 authorization; therefore see the discus- sion above. These provisions are also “advantages” of the bonds issued under Act 179 of 1908. ARTICLE XIV, SECTION 27, p. 352, lines 63–65. This provision is self-explanatory. ARTICLE XIV, SECTION 27, p. 352, lines 66–81. This paragraph provides for the use of the proceeds of the sale of the bonds authorized by the amendment. It has been executed and is obsolete. ARTICLE XIV, SECTION 27, p. 352, lines 82–84. This provision is self-explanatory. ARTICLE XIV, SECTION 27, p. 352, lines 85–189. These lines were added by an amendment proposed by Act 391 of 1940. The amendment authorized the issuance of bonds and notes of the commission for retiring previously issued bonds and notes at or before maturity. ARTICLE XIV, SECTION 27, p. 352, lines 85–93. This provision authorizes the issuance of City of New Orleans Public Belt Bonds, New Series, and City of New Orleans Public Belt Notes from time to time. These bonds and notes may be issued solely for the purpose of paying at maturity, or redeeming or paying prior to maturity, New Orleans Public Belt Railroad Bonds outstanding or issued in the future (under Section 27 of Article XIV), City of New Orleans Public Belt Bonds (issued under Section 27 of Article XIV as amended by Act 45 of 1938), and previ- ously issued City of New Orleans Public Belt Bonds, New Series, and City of New Orleans Public Belt Notes (issued under this amendment—Section 27 of Article XIV as amended by Act 391 of 1940). See Exhibit IV of Appendix II. ARTICLE XIV, SECTION 27, p. 352, lines 94–111. This paragraph provides the terms of bonds issued under the 191 §º New Orleans Studies authority of this amendment. No limit is set upon the amount of bonds which may be issued. ARTICLE XIV, SECTION 27, p. 353, lines 112–132. This paragraph provides the terms of the notes issued under the authority of this amendment. There may be no more than $500,000 of these notes outstanding at any one time. ARTICLE XIV, SECTION 27, p. 353, lines 133–140. This paragraph states the purpose for which these bonds and notes may be issued. See the comments on lines 85–93 above. ARTICLE XIV, SECTION 27, p. 353, lines 141–167. The first of the paragraphs attempts to insure that the funds received from any bonds or notes issued under this amendment are used for no other purpose than that for which they are authorized; the second paragraph relieves holders of bonds and notes from any responsibility for see- ing that the funds received for the bonds are not used for any other purpose. ARTICLE XIV, SECTION 27, p. 354, lines 168–175. By these provisions, holders of bonds and notes issued under this amendment are given all of the “advantages” given to the bonds issued under amendments discussed above. See particularly the discussion of lines 13–16 of Section 27 Of Article XIV. ARTICLE XIV, SECTION 27, p. 354, lines 176—183. These provisions for payment of the interest and principal of the bonds and notes issued under this amendment are the same as those for the bonds issued under amendments discussed above. See particularly the discussion of lines 17–24 of Section 27 above. ARTICLE XIV, SECTION 27, p. 354, lines 184–186. This provision is the same as that found in the amendment dis- cussed above. It is still effective. ARTICLE XIV, SECTION 27, p. 354, lines 187—189. This provision is the same as that found in the amendment dis- cussed above. The provision is self-explanatory. ARTICLE XIV, SECTION 28, p. 354. This section con- cerns the authorization of the Public Belt Railroad Com- mission to build a bridge across the Mississippi River at or near New Orleans; it also provides for the issuance of bonds for financing the construction and maintenance of the bridge and for the issuance of bonds and notes for 192 Revenue Bond Issuance Vol. IV º Ols Analysis Chap. 6 replenishing the general funds of the Public Belt Railroad and paying interest and principal of previously issued Bridge Fund Bonds and Notes by the pledge of certain revenues derived from the operation of the bridge. ARTICLE XIV, SECTION 28, p. 354, lines 1–134. These lines constitute the original Section 28 of the Constitution of 1921 as amended by Act 154 of 1928. It authorizes the construction, operation, and maintenance of the bridge and the issuance of bonds for these purposes. ARTICLE XIV, SECTION 28, p. 354, lines 1–22. This paragraph authorizes the construction, operation, and maintenance of the bridge across the Mississippi River. The bridge, the Mississippi River–Huey P. Long Bridge, has been completed and therefore the most important pro- visions concern the operation and maintenance of the bridge and appurtenances. ARTICLE XIV, SECTION 28, p. 355, lines 23–33. This is the authorization to New Orleans to issue bonds for the construction and maintenance of the bridge, etc. Of the $20,000,000 of bonds here authorized only $5,482,000 was issued in the construction of the bridge (federal assistance was accepted). Presumably the remaining amount might still be issued for the other purposes mentioned in the first paragraph of the amendment (e.g., maintenance of the bridge). ARTICLE XIV, SECTION 28, p. 355, lines 34–67. These lines provide for the security for the bonds issued and the source of funds for paying interest on and principal of the bonds. Contrary to the situation regarding the bonds issued in connection with the Public Belt Railroad system discussed above, the bonds issued under this amendment are not backed by the taxing power of the city. This con- stitutional provision prohibits the levying of any tax to meet the obligations of the city under these bonds. Instead, they are secured only (1) by a lien and pledge upon the net revenues derived from the operation of the bridge, (2) by a pledge assignment of any contracts made by the city for the movement of railroad equipment and contents over the bridge and the lines of the Public Belt Railroad, and (3) by a mortgage on the bridge, approaches, appurte- nances, and lands required in the construction, operation, or maintenance of the bridge. In case of foreclosure of the mortgage, the city must grant a franchise for the use 193 Vol. IV º Chap. 6 New Orleans Studies and Operation of the bridge until the latest maturity date of any of the bonds, at the end of which period title reverts to the people of New Orleans for use by the Public Belt Railroad. All of the city’s obligations under the bonds must be met out of the sources listed above and from none other. ARTICLE XIV, SECTION 28, p. 355, lines 68–81. This provision for the payment of the obligations under the bonds out of the net revenues of the operation of the Public Belt Railroad during the period of construction is by its own terms obsolete. ARTICLE XIV, SECTION 28, p. 356, lines 82–94. This tax exemption is still in force today. ARTICLE XIV, SECTION 28, p. 356, lines 95–127. This provision declares an exception to the constitutional pro- visions restricting use of the Public Belt Railroad system or any part of it. ARTICLE XIV, SECTION 28, p. 357, lines 128–129. This provision is self-explanatory. ARTICLE XIV, SECTION 28, p. 357, lines 130–131. The bridge has been completed, and the provision is obsolete. ARTICLE XIV, SECTION 28, p. 357, lines 132–134. This provision differs from similar provisions contained in amendments discussed above in that the state is not de- clared to be a party to the contract formed by the provisions of the amendment. ARTICLE XIV, SECTION 28, pp. 357–358, lines 135–240. These lines were added by an amendment proposed by Act 315 of 1944. They authorize the issuance from time to time of City of New Orleans Public Belt Bridge Fund Bonds and City of New Orleans Public Belt Bridge Fund Notes for replenishing the general fund of the Public Belt Railroad Commission or paying interest or principal of bonds previously issued under this amendment. ARTICLE XIV, SECTION 28, p. 357, lines 135–167. This paragraph authorizes the issuance of the bonds and notes mentioned immediately above and provides the terms thereof. A limit of $900,000 outstanding at any one time is established, and no more than $150,000, plus the amount of similar outstanding bonds retired during the year, may be issued in any one year. The limitations placed upon the city in fixing the terms of the bonds are similar to those 194 Revenue Bond Issuance Vol. IV dº O ſº Analysis Chap. 6 contained in the amendments discussed above. See Exhibit IV at the end of Appendix II. ARTICLE XIV, SECTION 28, p. 357, lines 168–203. As in the case of the bonds issued under Section 28 as amended by Act 154 of 1928, no tax may be levied for the benefit of holders of these bonds. Rather, the city’s obligations are met and secured (1) by liens and mortgages upon and against Such amounts as from time to time become repay- able to the city by virtue of its contracts with railroads under Section 28 on account of monies expended by it in the construction of the Mississippi River bridge, and sub- ject to rights previously given under City of New Orleans Public Belt Bridge Revenue Bonds or bonds issued to refund these bonds, (2) by liens and mortgages upon the bridge, its approaches, etc. (with franchise until 1982 to be awarded in the event of foreclosure), (3) by a lien and pledge upon the net revenues derived from the operation thereof, and (4) by a pledge and assignment of contracts with railroads mentioned above. The commission, however, may pay the interest on the bonds issued under this amendment out of its general fund. ARTICLE XIV, SECTION 28, p. 358, lines 204–219. This paragraph states the purposes for which the bonds and notes may be issued. They are, as mentioned above, (1) to replenish the general fund of the commission and (2) to pay interest upon and principal of bonds and notes pre- viously issued under this amendment. ARTICLE XIV, SECTION 28, p. 358, lines 220–226. A further limit of $500,000 is here set upon the amount of notes which may be outstanding at any one time; further provisions are made concerning the terms of the notes issued under this amendment. ARTICLE XIV, SECTION 28, p. 359, lines 227—240. Similar provisions are found in the previously considered amendments. They are self-explanatory. ARTICLE XIV, SECTION 31.1, p. 359. This sction was added to the constitution by an amendment proposed by Act 148 of 1932. Its purpose was to authorize the issuance of $750,000 of revenue bonds by the city of New Orleans for the purchase of the Canal Street Ferry and the Third District (or Barracks Street) Ferry then being operated by the Algiers Public Service Company, Inc. under a franchise 195 §:...'. New Orleans Studies established by Ordinance 7352 C.C.S. These ferries are still being operated by the Algiers Public Service Company, Inc. under this franchise. No bonds have been issued under the authorization. Results of an inquiry made by the Bureau of Governmental Research, Inc. of the appointing authorities mentioned in the amendment indicate that the Public Ferry Board has never been organized. Thus, though the provisions of this amendment have for eighteen years constituted authority for the establishment of a public ferry System, no action has yet been taken under them. See Appendix III for Ordinance No. 7352, Commission Council Series referred to in this section. ARTICLE XIV, SECTION 31.3, pp. 360–363. This section was added to the constitution by an amendment proposed by Act 385 of 1938. It authorizes the construction, main- tenance, and operation of the Union Passenger Terminal for New Orleans and authorizes the issuance of revenue bonds for that purpose. Work on the station was just recently begun; therefore most of the provisions of this amendment are of contemporary importance. Most of the provisions of this amendment were incorporated into the terms of the contract for the construction of the station made by the city with the various railroads involved. The contract and the constitutional amendment were upheld in Hotard v. City of New Orleans, 213 La. 843, 35 So.. (2d) 752 (1948). ARTICLE XIV, SECTION 31.3, pp. 360–363, lines 1–130. These provisions outline the powers of the city of New Orleans, principally acting through the Public Belt Rail- road Commission, in connection with the construction and operation of the Union Passenger Station. The powers granted are extensive and include among others the power (1) to exercise all powers granted in Orleans and adjacent parishes, (2) to operate concessions associated with the station, (3) to make loans to railroad companies for defray- ing expenses of improvement, (4) to contract with rail- road companies for the use of the station, and (5) to vest powers of supervising or controlling the acquisition, con- struction, maintenance, and operation of the station in a committee or other body composed of representatives of all interested parties, including representatives of railroad companies. Also, the city is prohibited from operating the station at a profit; it may receive only the cost of the sta- 196 Revenue Bond Issuance Vol. IV o Ols Analysis Chap. 6 tion and after this (but in no event before 1988) a set rental above cost of maintenance and operation equal to the amount taxes would be on the facilities. The word “there- fore” in line 54 of this section probably was intended to be “theretofore.” ARTICLE XIV, SECTION 31.3, p. 363, lines 130–150. The entire amount of bonds authorized by this provision ($15,- 000,000) has been issued and is presently outstanding. (See Exhibit II at the end of Appendix II.) ARTICLE XIV, SECTION 31.3, p. 363, lines 151–189. As in the case of bonds issued for bridge purposes, the bonds issued for this project are payable, except during the period of construction, only out of the net revenues derived from the operation of the station and are secured solely by a mortgage on the station and pledge or assignment of con- tracts made with railroad companies for the use of the station. ARTICLE XIV, SECTION 31.3, p. 364, lines 190–204. These provisions are usual where projects are authorized to be undertaken by the Public Belt Railroad Commission. In general, all of the property of the Public Belt Railroad system belongs to the city of New Orleans. ARTICLE XIV, SECTION 31.3, p. 364, lines 205–218. These provisions are usual with constitutional bond issues and are found in the other authorizations of the constitu- tion concerning the Public Belt Railroad Commission and the city of New Orleans. ARTICLE XIV, SECTION 31.3, p. 365, lines 219–246. This provision authorizes the city to undertake a gradecrossing elmination program in connection with the construction of the Union Passenger Station and to issue its bonds to bear the costs of this program. The authorization to issue bonds under Act 341 of 1936 (see Appendix III) is now obsolete. This act amended Section 24.1 of Article XIV so as to authorize the levy of a motor fuel tax and the issuance of bonds for certain purposes on the basis of the returns of this tax. It was repealed by Act 395 of 1940 amending Section 24.1 of Article XIV of the constitution. Bonds for this purpose have been issued under the second authoriza- tion, Section 4 of Act 4 of 1916. (See Appendix III for the text of this authorization and Exhibit IV at the end of 197 §." New Orleans Studies Appendix II for information concerning the bonds which have been issued in this connection.) ARTICLE XIV, SECTION 31.3, p. 365, lines 247–292. These provisions are self-explanatory. ARTICLE XIV, SECTION 31.3, p. 366, lines 293–298. It seems that this is merely a statement of the interpretation which would be given concerning changes in the provisions of this amendment under general principles of constitu- tional law. ARTICLE XIV, SECTION 31.3, p. 366, line 299. This provision is self-explanatory. ARTICLE XIV, SECTION 31.4, pp. 366–371. This amend- ment, proposed by Act 541 of 1948, ratified action previously taken by New Orleans in regard to the Upper Pontalba Building and authorized the issuance of revenue bonds for the purpose of refinancing obligations on the building which are secured by mortgage. The amendment sets out at length the details to be written into the contract providing for the issuance of the bonds. It also authorizes the issuance of bonds for refunding bonds previously issued under the amendment. Under the authority of this amendment, New Orleans issued $200,000 of revenue bonds dated April 1, 1949, to refinance all of the indebtedness on the mortgage (Smith and Rives, op. cit., p. 35). Thus, with regard to the original issuance of the bonds, the provisions of the amendment have been executed. However, the details of the amendment remain important because the city is also authorized by the amendment to issue bonds to refund any bonds previously issued thereunder; to this extent the amendment seems to continue effective until the final re- payment of bonds issued. ARTICLE XIV, SECTION 31.4, p. 366, lines 1–19. The city has already acted under this amendment and retired the debts here mentioned. It seems that this paragraph is no longer of constitutional importance. ARTICLE XIV, SECTION 31.4, p. 367, lines 20–34. The ordinances here ratified and confirmed may be found in Appendix III, page 117 ff. It seems from the wording of this provision that the intention was merely to ratify and con- firm the ordinances and action taken under them concern- ing the Upper Pontalba Building Commission rather than to incorporate the ordinances as part of the constitution 198 Revenue Bond Issuance Vol. IV g O tº Analysis Chap. 6 [see State ea; rel. Saunders v. Kohnke, 109 La. 838, 33 So. 793 (1903)]. Since these ordinances and actions were rati- fied by the adoption of the amendment, it seems that the retention of this constitutional provision is no longer neces- Sary. ARTICLE XIV, SECTION 31.4, pp. 367–370, lines 35–201. These provisions set out the terms of the bonds to be issued and the procedure to be followed in issuing them. Although these provisions have been executed for the most part as regards the bonds principally authorized, they nevertheless are still of possible future importance because they are to govern also the issuance of bonds to refund bonds pre- viously issued under the amendment. ARTICLE XIV, SECTION 31.4, p. 370, lines 202–219. This provision authorizes the issuance of refunding bonds to refund any bonds primarily issued under this amend- ment and generally extends the provisions of the amend- ment to cover the procedure, terms, conditions, etc., of such bonds. ARTICLE XIV, SECTION 31.4, p. 371, lines 220–235. These lines contain further details concerning the bonds authorized to be issued by the amendment. ARTICLE XIV, SECTION 31.4, p. 371, lines 236–258. These provisions declare that the amendment is to be self- operative and to be given effect with only slight regard for other constitutional provisions. There is also included a separability clause; such clauses are often found in legis- lative statutes but one seldom, if ever, found in constitu- tional amendments. The complete effect of these provisions must of necessity remain obscure until they are considered by the courts. 199 APPENDIX I DEVELOPMENT OF THE GOVERNMENTAL STRUCTURE OF NEW ORLEANS INTRODUCTION It is difficult to appreciate the complexity of the gov- ernment of the city of New Orleans from a reading of the constitution, even as obtuse as it on occasion may be. A sur- vey of the charter is of assistance, but the governmental structure neither begins nor ends there. Rather, it is a maze of state legislative and constitutional agencies; city constitutional, statutory, charter and ordinance units; and Some for which classification will not be attempted. The problem is one of complicated interlocking relationships: witness a private organization in corporate form, consid- ered a state agency, administering city property with city appropriations. This situation is the result of about one hundred and fifty years of state-local relations which has seen intermittent skirmishing and outright political war- fare. It is the product of action and counteraction that became manifest in the city’s charters and in the state's constitutions and legislative enactment, much of which mate- rial has been interpreted and explained by the judiciary. It seems a safe minimum conclusion that the results with regard to New Orleans are in need of much thought and attention by the convention members. One approach that may be of assistance to members of the convention is to consider the history of the structure of the city’s government, including the development of the numerous boards, commissions and state agencies whose activities are allied with municipal functions. With an ap- preciation of how and why some of these anomalies came into being, there can be more objective evaluation of their future without the aura of unchanged-continuation-because- it-has-always-been-so that surrounds well-entrenched insti- tutionalized bureaucracy. Also, considerations of previous changes may suggest alternate methods of treatment. Lastly, a larger perspective may produce better understand- 201 X: y New Orleans Studies ing of our yet unresolved problem of state-local relation- ships, particularly that part pertaining to a large metro- politan area. The forms of government of New Orleans have been many and varied, with experimentation in almost every type of municipal government. Up until 1950 they had one element in common in that they were all authorized by legislative act; in that year by virtue of a constitutional amendment the then-current city charter was made a home rule charter and, further, the city was given the power to frame and adopt a new charter of its own choosing at a referendum in 1952." The new charter became effective in 1954.2 1805 Charter. The earliest governmental form for the city was a mayor-council type with the mayor appointed by the governor for a one year term.” The council was of fourteen members, two elected from each ward of the city for two year terms, half the membership standing for elec- tion each year. The mayor was a justice of the peace and superintendent of the city police. The recorder, a kind of assistant mayor, was appointed by the governor for the same term and Served both as a justice of the peace and president of the council without vote. Generally the mayor exercised fairly strong power, including that of vetoing ordinances and appointing subordinates; fiscal vetoes, how- ever, had to be made within twenty-four hours after the passage of the ordinance. This organizational form lasted through the territorial period and into statehood until 1836, though there were substantive structural changes. The problem of council representation aggravated by population expansion resulted in changes in ward representation, terms of councilmen, and finally in 1827 a reduction in the size of the council for the then eight wards to ten members, each with a one * Act 551 of 1950 amending Section 22 of Article XIV. * The charter was drafted by a committee appointed by the Com- mission Council under the terms of Ordinance 17,968 C.C.S., amended by the council and approved at a referendum in competition with the previous charter. - - * Acts, 1804–1805, 44 (February 17, 1805). All statutes of the territory or state legislative body will be cited as “acts” though they appear under varying titles. Prior to the numbering of acts, page numbers and effective dates are included. The revised statutes cita- tions are omitted in favor of original act references in the interest of completeness. The word “council” is used generically for all legislative bodies of the city excert where the specific title is employed. 202 New Orleans Governmental Structure "...Y year term.4 The office of the mayor also underwent changes, being made elective in 1812 for a two year term, as was that of the recorder.” In this period also we see the beginnings of city- parish consolidation. The police jury and council coopera- tively levied the parochial tax, and with the incorporation of the parish of Orleans in 1822, there was provided a re- quirement of joint action on the part of the police jury with the city’s aldermen in cases of borrowing money and purchase or alienation of property." 1836 Charter. Multiplicity of governmental units was the feature of the reorganization under the 1836 charter. Here the fragmentation was marked by the creation of a police jury for the west bank and a decentralization of the city government into three municipalities, each having its own government and officers and yet retaining Some central governmental form." And as this charter change was not a new enactment but provided for the retention of such previous charter provisions as were not superseded, there were considerable areas of uncertainty. The general city council was initially the councils of the three municipalities meeting jointly. This was changed in 1840 to a council of twelve members, four being elected from each municipality at the time of the election of the municipality’s aldermen.” The city-wide council had cer- tain police powers and did determine such matters as each municipality’s contribution to the sinking fund to liquidate the debt of the former corporation, but in all did not have the broad powers of a city council as these were exercised by the councils of the respective municipalities. The latter exercised all of the powers of the city council under the former charter except those specifically delegated to the general city council. The municipal councils were composed of a recorder and aldermen, the former elected at large in the municipality and the latter from wards. The basis for * Acts, 1808–1812, 12 (March 10, 1810); ibid, 18 (September 1, 1812); ibid, 1824-1827, 178 (February 18, 1825); Act 39 of 1827. * Acts, 1808-1812, 18 (September 1, 1812). sº Acts, 1820–1824, 128 (February 17, 1821); ibid, 88 (March 23, 1 e * The police jury for the east bank had been in existence since territorial times, possibly 1808; that for the west bank was officially created by Act 116 of 1840. The 1836 charter is Acts, 1836–1837, 28 (March 8, 1836). - - * Act 53 of 1840. 203 X;Y New Orleans Studies the municipal council's size was one member for each hun- dred voters with an additional member if the remainder exceeded sixty voters. This provision for a council of un- determined size was changed in 1840, together with a redistricting of the city. The councils were then limited in size, those of the first and second municipalities being limited to twelve members and the third municipality’s council being restricted to seven members.” The office of the mayor in such a situation was undoubtedly a trying one. Elected at large, he served as executive officer for four councils. He retained the veto power, subject to being over-ridden by a two-thirds vote of the council concerned; his removal power was likewise circumscribed. The recorders, one for each municipality and one for the city as a whole, continued much as under the previous charter but with expanded magisterial powers. Fiscal mat- ters were likewise in great measure decentralized, but in order to liquidate the debt of the former single city govern- ment a Sinking Fund Commission was established, com- posed of the mayor and six commissioners, two appointed by each municipal council for a one year term. 1852 Charter. Agitation for re-consolidation resulted in 1850 in a proposed new charter and a referendum on the Question of consolidation. The question failed to pass. The proposed government was to have been a weak mayor-coun- cil type with elective department heads, and although the mayor was to have retained the veto power, he would have completely lost the appointive power to the council.” How- ever, in 1852 with the addition of the town of Lafayette of Jefferson Parish and the redistricting of the city into eleven wards, a new charter was installed.” Bicameralism was introduced into the legislative branch of the city government with the creation of the Common Council, made up of two boards: the Board of Aldermen and the Board of Assistant Aldermen. The Board of Aldermen was composed of from a minimum of ten to a maximum of thirteen members, based upon the number of registered voters in the districts which corresponded to the old municipalities; the first board had twelve members. * Ibid. ** Acts 202 and 241 of 1850. * Acts 71 and 72 of 1852. 204 New Orleans Governmental Structure "...Y (Lafayette became the fourth district.) The terms were either one or two years, chosen by lot. The Board of Assistant Aldermen, whose members had a one year term, consisted of twenty-seven members in ac- cordance with the charter provision that it should be not less than twenty nor more than twenty-seven members. The size of the body was also based on the number of voters, but the assistant aldermen were elected from the wards within the district rather than the district as a whole. The boards met separately and exercised the same powers with the exceptions of minor differences in the impeachment process and the additional power of the Board of Aldermen to concur in certain appointments. Each might initiate legislation and each might negate the other's proceedings by way of non-concurrence in the other's action on proposed legislation. The executive branch of the city government was char- acterized by the election of the mayor and four of the depart- ment heads on a citywide basis for a two year term. The recorders, developing steadily into purely judicial officers, were elected from the districts for the same term. The mayor was an ex-officio justice of the peace and retained his veto power, which was, however, weakened slightly by the substitution of a three-fifths rather than a two-thirds re- quirement for passage over his disapproval. In addition, the election of the heads of the departments, the appoint- ment of the city's legal staff by the council, the participa- tion of the Board of Aldermen in the appointment of mem- bers of the police force, and the insertion of impeachment provisions by the Common Council into the charter further reduced his power and prestige. Worthy of note in this charter was the provision for the creation of the boards of directors of the four school districts and the Board of Commissioners of the Consoli- dated Debt. Members of the former were to be named by the Common Council for terms specified by them. The latter board was created to liquidate the debts of the city previously consolidated and those of the three municipali- ties, each of which had had debt incurring authority.” This board consisted of the mayor, treasurer, comptroller, and the chairman of the finance committee of each house of ** Acts 72 and 142 of 1852. 205 Vol. IV App. I New Orleans Studies the council. This group was the successor of the Board of Liquidation, which had been created in 1850 by state act, and had consisted of the mayor ex officio and two members elected from each municipality.” In this connection it should be noted that the charter required that the Common Council each year levy a tax on real estate and slaves in an amount sufficient to yield $600,000, which was to be applied to debt retirement; it was further required that this be done immediately after January 1 of the year and before any other legislation was passed.* The first Police Board of the city made its appearance in this charter period in 1853.” Composed of the mayor and the recorders, it lasted until 1856 when control of the police was returned to the mayor.” - 1856 Charter Revision. After but a few years of opera- tion under the 1852 charter, a major revision effort was put through in 1856. Although not a new charter per se, it made such substantive changes that it may be classified as a separate form. The population ratio basis for the members of the Common Council was done away with and a fixed number of aldermen was substituted in its place, the Board of Alder- men being reduced from twelve to nine members and the Board of Assistant Aldermen from twenty-seven to fifteen members. Also the term of the members of the latter board was increased to two years, with half of the membership being elected each year.” The office of the mayor was rela- tively unchanged. With the change in composition of the council, however, the proportion required to pass ordinances over the mayor’s veto was made two-thirds in place of the previous three-fifths. Appointments to the police force and the administrative direction of the force was by the mayor, subject to the approval of the Common Council. Changes were made with regard to the other executive officers with the treasurer and surveyor transferred from elective posts to appointive ones, such appointments to be made by the council, the former for an indefinite term and the latter for two years. Reorganization was also effected ** Act 203 of 1850. * Act 71 of 1852. * Act 115 of 1853. ** Act 25 of 1856. ** Act 164 of 1856. 206 Vol. IV New Orleans Governmental Structure App. I with regard to boards and commissions. The assessing process was expanded by the creation of two new boards, the Board of Assessors, comprising the mayor ex officio and twelve members elected by the council for a one year term, and the Board of Supervisors of Assessments, a re- view agency which had the same membership as the Board of Assessors with the addition of the chairmen of the finance committees of the council boards. Dropped from the charter were the Police Board, the Board of Commissioners of the Consolidated Debt, and the four district school boards. In the field of taxation another special tax was placed in the charter. The tax was on real property and levied to service the bonds issued for the city’s investments in rail- roads in the event the railroad dividend was not as great as six percent. The other special tax, that for the retire- ment of the consolidated debt, was continued in the charter. This 1856 charter served the city through the war period and until the charter of 1870 was installed. The war, military government, the reconstruction period and State legislatures all left their mark on the city govern- ment so that while theoretically the basic framework was present and in legal effect, the actual operations were con- siderably different. There were two periods of military government, during both of which a mayor selected by the federal military forces governed through their authority. And with the return to civil government, the state legisla- ture, meeting in New Orleans, assumed more and more direction and control over city affairs.” The most significant changes came in the executive branch of the city government. In 1862 and again in 1866 a Police Board was created which made inroads on the mayor’s control of the function.” In 1868 a Metropolitan Police District was created by the legislature to supersede the policing of the city by its local force, and this was fol- lowed the next year by an act which expressly prohibited the mayor from exercising police authority on behalf of the city.20 During this period two new boards made their appear- ance. The first was the improvement board whose full title * Act 34 of 1866 made charter changes attendant to the restora- tion of civil government. * Act 63 of 1862; Act 14 of 1866. * Act 74 of 1868; Act 60 of 1869. 207 ...'" New Orleans Studies was the Board of Commissioners of the City Improvement Fund of New Orleans.” It consisted of the mayor, treasurer and Surveyor ex officio and four members, one from each municipal district, selected by the council for a term of two years. This board was not completely independent as its work projects had to be approved by the Board of Aldermen. The other board which made a brief appearance from 1867 to 1869 was a city school board elected annually by the Common Council.” However, the legislature soon abolished it and placed the control of the schools under the state board of education.” 1870 Charter. This reorganization of the city govern- ment is notable in several respects: it completed the city- parish consolidation, abolished the Police Jury, added two new areas to the city, and established a form of govern- ment that is distinctive.” The Police Jury had existed from almost the beginning of American control of the territory, and although it had but little power and a mini- mum of authority, it was in existence and there had been at times one for the east bank and one for the west bank. With this charter, however, the Police Jury went out of existence and the city assumed control over many parish affairs, although vestiges of parish government still re- main in the form of parish officials, such as the office of the sheriff. Territorial expansion was continued with the ad- dition of the town of Jefferson, formerly in Jefferson Par- ish, which became the sixth district of the city, and the in- clusion of Algiers on the east bank, which was made the fifth district. And it should be noted that during the period of this form of government, the city of Carrollton, which was also a part of Jefferson Parish, was annexed in 1874 and the territorial expansion of New Orleans completed to its present limits.” One of the essential elements of what later came to be known as the commission form of government was present in this governmental type, namely, the combination of legis- lative and executive functions. The city was governed by a Board of Administrators consisting of a mayor and seven administrators who headed the departments of Finance, * Act 195 of 1861. ** Act 107 of 1867. * Act 121 of 1869. * Act 7 of 1870 E.S.; Act 48 of 1870 E.S.; Act 48 of 1871. * Act 71 of 1874. 208 New Orleans Governmental Structure º Commerce, Improvements, Assessments, Police, Public Accounts and Water Works and Public Buildings. The can- didates ran for a particular office and were elected by the city at large for a two year term. The mayor was not the head of any department as such; he was a member of the legislative body although he had no vote except in case of a tie. A veto power was given to him, but the matter could be re-passed by the vote of five members. The most dis- tinguishing characteristic of the period, however, was the continued direction of the city government by the state legislature, which made constant change in the powers, duties and functions of the city’s governmental structure, particularly in taxation and financial matters.” Some changes were made in recorders during the period. Initially they were elected by the council, one for each municipal district. In 1873 four municipal police courts were organized, with appointment to them made by the governor for a four year term ; in 1877 they were re- designated as police courts and reduced to two courts with provision for popular election of the judges.” The boards and commissions were changed in one major respect. The Commissioners of the Consolidated Debt, consisting of the mayor and the administrators of finance and public ac- counts, were re-created by charter and a new self- perpetuating board of six citizens was created by statute to administer the premium bond plan.* This body was superseded in 1880 by the Board of Liquidation, City Debt, which included both the citizens group and the Commis- Sioners of the Consolidated Debt.” The Board of Asses- sors continued, but the assessing function was removed from the city and the assessors made subject to guberna- torial appointment.” In 1870 a board was appointed by the governor to manage “New Orleans Park” (City Park) and a tax levied in the city for its support.” However, in 1877 control of the park was returned to the city.” * In the decade of the 1870's more than one hundred acts of the state legislature were passed affecting the government of the city, excluding matters of courts and their procedure. * Act 95 of 1873 and Act 131 of 1877 E.S. * Act 31 Of 1876. * Act 133 of 1880. * Act 12 of 1875. * Act 84 of 1870 E.S. This board also managed what is now Audubon Park. * Act 87 of 1877 E.S. 209 X: y .- New Orleans Studies The school System had passed from city to state con- trol in 1870, and six members of the board were appointed by the state board of education and five by the council.* The law was amended the following year to provide for a thirteen-man board appointed by the state board, one from each representative district and the city's treasurer, ex officio.” In 1873 further amendment of the law enlarged the board to twenty members, still representing geograph- ical areas; in the succeeding year this plan was abandoned in favor of having members represent the city at large.” With the abolition of the Metropolitan Police in 1879, a Police Board was created consisting of the mayor and ad- ministrator of police as ex officio members and four mem- bers appointed by the mayor for staggered terms of from one to four years.” Charter of 1882. With this charter the city returned to the mayor-council form of government.” The council, thirty members, were all elected on an area basis, twenty- three from the representative districts and seven from the municipal districts. The mayor and four 'other members of the executive department, the treasurer, comptroller, com- missioner of public works, and commissioner of police and public buildings, were elected at large for four year terms. The mayor exercised the veto power which could be over- ridden by a two-thirds vote of the council, and the council also approved appointments to city positions. During this period also two new boards were created: the Board of Police Commissioners and the Board of Fire Commissioners. The Board of Police Commissioners was composed of the mayor and six commissioners elected by the council for twelve year terms. This was instituted in 1888 and replaced the system of police control by the mayor which had been established by the 1882 charter.88 The Board of Fire Commissioners was created in 1894, follow- ing a long period of contractual fire-fighting service with * Act 6 of 1870 E.S. * Act 8 of 1871. Representative districts were fixed by the state Constitution of 1868. * Act 36 of 1873 added representation from the municipal dis- tricts and changed the ex officio membership to that of the adminis- trator of finance; Act 123 of 1874. * Act 35 of 1877 E.S. ** Act 20 of 1882. * Act 63 of 1888. 210 Vol. IV New Orleans Governmental Structure Ås. | a private organization.* There were nine commissioners elected by the council and two ex officio members: the mayor and the commissioner of police and public buildings. Charter of 1896. This charter continued the aldermanic form, but was primarily designed to strengthen and improve administration of city affairs. A council of seventeen mem- bers was elected for four year terms from the municipal districts.40 The mayor, treasurer and comptroller were elected at large for four year terms. The city was organized into six departments: those headed by elected officials, the treasurer and comptroller, and four others headed by appointees of the mayor: the commissioner of public works, commissioner of police and public buildings, city engineer and city attorney. The charter also established a Board of Civil Service Commissioners, composed of three persons appointed for twelve year terms by the mayor, who was prohibited from appointing any person who had en- gaged in politics in the previous four years. The board was to certify employees and the heads of the departments were to appoint with the advice and consent of the council. In this period, the Sewerage and Water Board was created, consisting initially of thirteen appointed members.” After the turn of the century there were successive efforts at reorganization of the boards and commissions, all designed to strengthen the mayor’s power. In 1900 the civil service board was reorganized to provide for member- ship of the mayor, treasurer and comptroller, ex officio, and two mayoralty designates for whose appointment the non-political requirement was deleted.* The police, fire and sewerage and water boards were further empowered to establish their own systems. These and other changes kept the system in name only. The Sewerage and Water Board was reorganized in 1902 and provided for greater mayoralty control.” The Police Board was changed in 1904 to pro- vide that it should consist of the mayor and two taxpayers * Act 83 of 1894. However, for a decade prior the city had established by ordinance in the contracts with the contracting organi- zation a type of supervisory authority, the Board of Control. Examples of contracts were contained in Ordinances 1800, 2052, 832 and 1872, C.S., dating from 1884-1887. * Act 45 of 1896. The size of the council was increased in 1904 to twenty-one members by Act 216 of 1902. ** Act 6 of 1899 E.S. ** Act 89 of 1900. ** Act 111 of 1902. 211 X;Y New Orleans Studies appointed by him with the consent of the council.44 In 1910 a similar board was established to manage the fire department.* Charter of 1912. From 1912 to 1954 New Orleans was under the commission form of government.46 The charter provided initially for a council of five: a mayor and four commissioners to be elected by the city at large for four year terms. Each commissioner was to be a legislative and administrative official, the city being divided into five de- partments: Public Affairs, headed by the mayor, Public Finance, Public Safety, Public Utilities and Public Prop- erty. Assignment of commissioners and changes in assign- ment to other departments were to be made by majority vote of the council. Appointment of top administrative offi- cials was to be made by the council, no veto power was given the mayor, and budget preparation was by the council. The most salient feature of city government operation during the period of this charter was the contests between the city and state political organizations. The rise and fall of each machine saw a corresponding struggle to enhance or weaken the city’s powers. In matters of patronage, con- trol of the police department, election machinery, and tax- ation changes were made as the groups vied with each other. However, in the basic structure of the government only one major change was effected and that in 1948 when the legislature reorganized the commission form into a form probably unlike any other in the country.47 Retaining the commissioners and mayor, it provided that the latter still be elected at large, but that of the commissioners one be elected from each of the municipal districts. The depart- ments of the city government were reorganized into eight: Public Affairs, under the mayor; and under the district commissioners, Public Finances, Public Safety, Public Util- ities, Public Streets, Public Sanitation, Public Buildings and Parks, and Institutions and Public Health. Boards and commissions abounded in the city govern- ment at the close of the period under the commission form. Some forty-four were considered city agencies; five per- formed municipal functions, but were created by state act ** Act 58 of 1910. * Act 58 of 1910. * Act 159 of 1912. ** Act 234 of 1948. 212 Vol. IV New Orleans Governmental Structure Åse. I or constitution; three had doubtful status; and eighteen were state boards for parochial and other operations allied with the government of the city.” Civil service was restored to the general city employee force by a 1940 state act for all cities over 100,000; this was superseded in 1952 by a constitutional provision applicable to cities over 250,000.* The system was to be headed by a three-member commission selected by the governing body of the city, one without limitation and two upon nomination of local university presidents. One major change occurred in the powers of the Board of Liquidation, City Debt by a 1916 amendment to the con- stitution which gave to the city the general power, within limits, to issue bonds and incur debt on its own authority, rather than requiring individual state authorizations, and the power to refund its then-existing obligations.” The six self-perpetuating memberships on the board remained the same, but the three ex officio members were the mayor, the commissioner of finance and the commissioner of public safety.91 The Board of Commissioners of the Port of New Or- leans was established in 1896 by an act of the state legis- lature to regulate and conduct the port activities of the city.” The five commissioners were appointed for six year terms by the governor. This was later made a part of the Constitution of 1921.58 In 1940 the constitution was amended to provide for a commission of the same size for terms of five years, vacancies to be filled by the governor upon the certification of three names by the remaining members of the commission from the nominations of two names each by five trade organizations in the city.” In 1877 the city granted a franchise to a private company to build and operate a belt railroad as a traffic interchange and for waterfront service.” In 1900 with the * “Boards and Commissions, New Orleans, La. Memorandum of the Charter Committee for the City of New Orleans, 1951.” Corrected and revised. * Act 171 of 1940; Act 18 of 1952. * Act 4 of 1916 amending the previous constitution. This was incorporated into the 1921 Constitution in Article XIV. * Act 159 of 1912. The 1954 charter makes the ex officio members the mayor and the two councilmen-at-large. * Act 70 of 1896. * Section 17 of Article VI. ** Act 388 of 1940. * Ordinance 4009 A.S. June 16, 1877. 213 X: y New Orleans Studies expiration of this franchise, the city by ordinance formed a Belt Railroad Board consisting of ten members, all of whom were members of the legislative or executive depart- ments of the city government.” In 1904 the Public Belt Railroad Commission was formed, also by ordinance, to consist of the mayor and sixteen citizen members, eleven of whom were appointed by the mayor upon the nomina- tion of various trade organizations, and five of whom were appointed by him without nomination, two from that por- tion of the city above Canal street and two below the same street.” The terms were staggered and were for sixteen years. In 1908 an act of the state legislature confirming the organizational features and empowering the incurrence of debt was passed and ratified as a part of the constitu- tion, the substantive provisions of which were carried over into the Constitution of 1921.58 The period also saw the final revision of the educa- tional system in the same year as the inception of the commission form of government. By legislative act the school board was made to consist of five members elected at large for four year terms, a plan which has held to the present.” The present Sewerage and Water Board is the result of the merging of the separate functions of sewerage, water supply and drainage. Sewerage was originally sup- plied by contracting with private companies either at the initiative of the city or state government.” Water supply was variously controlled by the municipality or private business. In 1869 the city by ordinance purchased the waterworks. These were leased out in 1876 and finally sold in part in 1878, the city and the bond-holders becom- ing the joint owners.” In 1901 the charter of corporation was forfeited and the city took over full control. In the matter of drainage, the drainage commission, initially established by state act in 1877, was merged with the * Ordinance 147, N.C.S. August 11, 1900. *"Ordinance 2683 N.C.S., October 8, 1904. When a trade organi- zation becomes defunct, the nomination is made by the commission itself; two memberships are now in this category. * Act 179 of 1908; Section 26 of Article XIV. * Act 214 of 1912. 2d ºxamples of these are Act 102 of 1870 E.S. and Act 46 of 1874 * Ordinance 1232 N.S. January 16, 1869; Act 33 of 1877 E.S. 214 Vol. IV New Orleans Governmental Structure Åse. Sewerage and Water Board in 1902.” This board had been established by a state act in 1899, portions of which were ratified into the constitution. It was reorganized in 1902 to contain a membership of twenty-one: nine citizens representing various areas of the city appointed by the mayor with the consent of the council, the mayor, and eleven other state and municipal public officials ex officio or nominated by their respective boards.” In 1934 the membership was reduced to thirteen, all ex officio appoint- ments of elected or appointed public officials, state and municipal.” In 1936 the composition was again changed to that of the mayor, three commissioners, ex officio, two members of the Board of Liquidation, City Debt appointed by the mayor upon the nomination of that board, and seven property taxpayers appointed by the mayor, one from each municipal district.” The 1954 charter makes the ex officio membership the mayor, the two councilmen-at-large, and one of the district councilmen selected by the council.” The two major parks of the city constitute an inter- esting feature of the city government. The City Park was originally a portion of the McDonogh legacy to the city and full title was acquired in the 1850's, during which time it was managed as a part of the city government.” In 1870 the legislature created a board of commissioners to manage the park and levied a tax in the city for its operation.” The following year an amending act permitted the acquisi- tion of other lands in the city for parks, which was the authorization for what is now Audubon Park.” In 1877 this state board was abolished and the powers and duties transferred to the city council.” Then by ordinance in 1891 the city placed the management and control of the park in the New Orleans City Park Improvement Association.” * Act 33 of 1877 E.S., Act 111 of 1902. * Ibid; this was partially invalidated by the courts in 1903, State e2 rel Sawmders v. Kohnke, 109 La. 838. * Act 36 of 1934, 2d. E.S. * Act 229 of 1936. * Charter, 1954, 5-301. ** Orleans Parish Conveyance Office Book No. 78, folio 613, Manu- script record in office of Register of Conveyance, Orleans Parish; Ordinance 4,083 O.S., 1858. * Act 84 of 1870. * Act 83 of 1871. ** Act 87 of 1877 E.S. ** Ordinance 5,547 C.S., August 29, 1891. 215 Vol. IV ſº Kºº. I New Orleans Studies This was a private corporation of some thirty-one local citizens who constitute a self-perpetuating body.” Then in 1896 by state act this authorization was confirmed together with a mandatory appropriation requirement on the part of the city government, which authorization was subse- Quently repeated in a 1934 statute.” In the case of the Au- dubon Park, following the period of state control which ended in 1877, there was a period of city operation under multi-membered groups of various composition.” In 1894 a private corporation, the Audubon Park Association was organized and in 1896 the legislature delegated the duty of the management of the park to it.” In 1914 the legislature created the present Audubon Park Commission consisting of twenty-four citizens who are property taxpayers ap- pointed by the mayor with the advice and consent of the council for six year overlapping terms.” 1954 Charter. The 1954 charter, although substituting a mayor-council form of government for a commission form, made no great change in the functional pattern of the governmental organization of the city. Most of the major functions which existed in prior years were carried forward and are to be administered either by departments headed by an appointed director or by boards and commis- sions which appoint their director or principal officer. The council is composed of seven members elected for four year terms. Two of the members are elected at large and the remaining five from newly created charter districts com- posed of combinations of wards." The mayor is given veto power and general appointive power, although a chief administrative officer, created by the charter as the mayor's principal assistant and budget officer of the city, appoints and removes, with the approval of the mayor, certain department heads.” * Mortgage Office Book No. 444, folio 426, Manuscript record in office of Recorder of Mortgages, Orleans Parish; amended in 1899, Book No. 646, folio 340. * Act 130 of 1896; Act 104 of 1934. * Ordinance 7195 A.S. July 7, 1881; Ordinance 1,806 C.S. May 31, 1886. * Mortgage Office Book No. 516, folio 171, June 28, 1894, Manu- script record in office of Recorder of Mortgages, Orleans Parish; Act 130 Of 1896. * Act 191 of 1914. Neither of these park boards is mentioned in the 1954 charter. "" Charter, 1954, 3-102, 3-103. * Ibid. 4-104, 4-106, 4–206, 4-208, 4-302 (2). 216 New Orleans Governmental Structure Y.Y The framework within which the charter revision took place is of importance in that by constitutional amendment the city was given home rule power to “. . . do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and municipal func- tions . . .,” as well as to adopt and change its charter. The same constitutional amendment also contains a prohibition against the legislature's making changes in the organi- zation of the city government by means of special legisla- tion. But even with constitutional home rule powers, New Orleans is still subject to constitutional provisions and state general law.” The mayor-council form embraced by the 1954 charter is limited by the presence of several boards and commis- sions. The charter did abolish many boards, but there are quite a number remaining in varying degrees of independ- ence of the general city government and exercising differ- ent amounts of autonomy over a wide range of functions. The charter sets up three classifications of boards— departmental, attached and unattached.” The departmental board class apparently includes those boards administering functions considered by the drafters of the charter to be major in character and hence at a departmental level. This is applicable to the City Board of Welfare, the Board of Health and the City Civil Service Commission, although it is not applicable in the instances of the Board of Electrical Examiners, the Board of Mechanical Examiners, and the Board of Examiners of Operating Engineers. These boards are also classed as departmental boards but by specific pro- vision their major officers are enjoined from functioning as department heads.” The attached board class attempts integration of the operations of certain boards by making the department head an ex officio member of the board.* The department’s responsibilities with respect to such boards is limited to “general oversight of their operations for the purpose of * Act 551 of 1950 amending Section 22 of Article XIV. * A fourth class, those incorporated by reference, is established by 10-102 of the schedule which abolishes all boards and commissions “except those required to be continued by provisions of the Constitu- tion, general laws, contracts and donations . . .” * Charter, 1954. 4-706. * “. . . to the extent permitted by law, and except as otherwise provided (in the charter).” Charter, 1954. 4-102(b). 217 X: y New Orleans Studies providing information thereon to the Mayor, the Chief Ad- ministrative Officer and the Council.” Such boards include the Delgado Albania Plantation Commission, the Board of Trustees of the Municipal Employees’ Retirement System and the Board of Trustees of the Police Pension Fund. Ex- ceptions to the general rule of making the department head an ex officio member of the board occur in the case of (1) the Board of Building Standards and Appeals;* (2) the Board of Zoning Adjustments;* (3) the Board of Managers of the Isaac Delgado Central Trades School;8° (4) and the Board of Trustees of the Firemen’s Pension and Relief Fund.87 Nine boards are listed under the “unattached” classifi- cation. These boards exist in varying degrees of independ- ence of the general city government and exercise diverse amounts of autonomy. The legal basis of these “unattached” boards differs from one to the other, being constitutional, specific legislative creation, creation under permissive gen- eral state enabling legislation, creation by ordinance or creation by the charter itself. These boards are: (1) the Board of Liquidation, City Debt, which is a regulatory a gency over city debt incurrence and administration, (2) the Public Belt Railroad Commission, which operates rail interchange and dock rail service facilities, (3) the Sewerage and Water Board, which provides sewerage, drainage and water supply functions for the city, (4) the Board of City Trusts, which administers trusts of the city, (5) the City Planning Commission, for planning and zoning operations, (6) the Public Library Board, for management of the library, (7) the New Orleans Aviation Board, for air- port control, (8) the Vieux Carre Commission, for the pres- ervation of this area of the city and (9) the Parkway and Park Commission, for p a r k administration and public grounds beautification. For all boards the mayor is empowered and required to “exercise general oversight of the activities of boards and coordinate them with other activities of the City” and the chief administrative officer is required to “give general * Charter, 1954. 4-102 (2b). * Preliminary draft of charter, 1954. Footnote 19. * Act 240 of 1926. * Charter, 1954. 4-1402. * Act 43 of 1902, Act 152 of 1912, Act 27 of 1914, Act 204 of 1948; Section 22 of Article XIV. 218 Vol. IV New Orleans Governmental Structure Åse I oversight to the . . . City Planning Commission for the pur- pose of coordinating (its) activities with those of other agencies of the City”, and further with regard to “boards” to (1) “inform himself and keep the Mayor advised con- cerning (their) activities and policies”, (2) “make or cause to be made investigations and studies of the internal organi- zation and procedures”, (3) “require such reports from any of them which he deems necessary”, (4) “prescribe accepted standards of administrative practice, to be fol- lowed . . .” and (5) “make information available concerning the financial affairs of . . . boards receiving appropriations from the city.” 88 The present situation. New Orleans has escaped many of the problems of metropolitan areas that are caused by overlapping jurisdictions. Although it is true that the divi- sion of governmental activity between the state and city does produce some functional overlapping, the problem has not reached serious proportions. The city-parish consolida- tion, in existence some eighty years, has been the major factor in preventing the duplication of effort in this regard. Orleans Parish has not had a police jury since 1870 and even before that time, the police jury had but little author- ity. Other parochial officers have remained. The assessors, one for each municipal district, and the board of assessors are constitutional officers. And, of course, the administration of justice is a state activity organized on a parish basis with justices, district attorney, sheriffs, and other recorda- tion and clerical public officers. Rather, the more complicated problem for the city is the question of what activities can be considered municipal and under the jurisdiction of the general city government. Certain of these have been organized into functions of special districts or authorities which sometimes, in com- bination with general state organization of the functions, clearly indicate state pre-eminence.* This may be observed in the matter of education, levees and port activities. How- ever, in the matter of sewerage, drainage, water supply and parks, the grounds for distinction are less clear as these * Charter, 1954. 4-206, 4-302. * The organization of a local bridge authority under the general state enabling legislation, Act 7 of 1952, is an example of this. Less clear is the case of housing authorities which are appointed by local governmental officials under state enabling act provisions but with certain connections with the federal government. 219 ...' New Orleans Studies are usually matters of local rather than state control. This is well illustrated by the letter of transmittal of the charter of 1954 by the drafting committee to the council which states that its substantive exclusion of the Sewerage and Water Board from the charter was due to a legal opinion and that it had doubts as to whether or not the boards of the Audubon and City Parks were within the jurisdiction of the charter, in both instances questioning whether the function was municipal or state.” This leads us to explore certain potential areas of conflict that might arise between co-existent governmental agencies. First, the territorial jurisdiction might be con- sidered. The city, of course, embraces the entire parish and as there is no parish government per se such parochial agencies as do remain should be considered functionally. However, in the case of state special districts we find that the Levee Board and the School Board both have jurisdiction over the entire parish each for a special purpose, and in the instance of the former, over a specified area, the lake front area, for another purpose. In the instance of the Port Commission, the jurisdiction extends over all of Orleans Parish and portions of three other parishes for a particular operation, port activity.” It is in the functional field, however, where there exists the possibility of duplication of effort and develop- ment of multiple agencies all concerned with the same function at the same or differing levels of government. In the field of police work there are presently the police of the city government, the police of the Port Commission whose jurisdiction extends to the docks and wharves areas and the police of the Levee Board who patrol the lake front and the residential areas of their real estate development projects. In the latter areas, both the city and the Levee Board are undertaking sanitation work in matters of gar- bage and trash collection. In the field of recreation, the matter of public parks is divided among the Levee Board which controls the recreation area of the lake front; the * Letter, Lester J. Lautenschlaeger on behalf of the Charter Committee for the City of New Orleans to the Commission Council, April 1, 1952. * It should be noted in this instance that the constitution and statutes do not define the territorial jurisdiction of the Port Com- mission, but it is set forth in an ordinance of the commission itself, dated April 11, 1946, that adopts the area set forth by the federal government for a customs collection district. 220 Vol. IV New Orleans Governmental Structure App. I city government which has parks, playgrounds, play spots, athletic fields, and the like; and the Audubon and City Parks each of which is under a separate board of varying degrees of independence. For health there is a city agency and for school children a health unit in the School Board offices. In the field of taxation, there are three agencies which have taxing power over real property: the city government and two special districts of the state—the School Board and the Levee Board. In the area of debt incurrence, the bulk of the city is under the management of the Board of Liquidation, City Debt, which also has debt supervisory power over the Sewerage and Water Board. Other debt administration is with the general government or scattered among various city agencies; state agencies manage their own debt. In the field of per- sonnel management, such agencies as the Sewerage and Water Board and the Audubon Park Commission are under the jurisdiction of the city personnel department, while the City Park Improvement Association is presently within the state personnel system.” From a survey of the origin, powers, functions, and relations of the governmental agencies operating in the city of New Orleans, it must be concluded that they are much like Topsy and “just growed.” Evidence of planning is absent and the overall pattern does not evidence either logical arrangement of governmental activities or planned distribution of functions. This is saliently emphasized by the matter of state control of boards and commissions by special legislative act. Sporadic overhaulings such as charter revisions cannot accomplish the job, for the mass of constitutional and legislative material complicated by judicial interpretation has demonstrated the necessity for a concerted effort in constitutional revision, legislative en- actment, charter amendment and judicial appreciation. * Jurisdiction was established over the Sewerage and Water Board by court decision. In the case of the City Park Improvement Association litigation is pending on the matter of jurisdiction. 221 Appendix II MUNICIPAL BOND ISSUANCE AND ADMINISTRATION BY THE CITY OF NEW ORLEANS [This study was originally a thesis submitted by the author, John A. Richie, Jr., in October of 1949 to the graduate faculty of Louisiana State University in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Government. For purposes of this publication the author has revised the study and has brought it up-to-date through June 30, 1953. It is presented here for the purpose of giving depth to the consideration of the very complicated problems arising from the various provisions of Article XIV of the present constitution dealing with the power of New Orleans to incur indebtedness, issue bonds, and tax property. The views expressed herein are those of Mr. Richie and do not necessarily reflect the views of the Institute.—Ed.] PART I INTRODUCTION Probably the most striking characteristic of the gov- ernment of Louisiana's largest city, New Orleans, is the extensive implementation of special boards and commissions for the exercise and execution of municipal functions. One of the oldest of these authorities, the Board of Liquidation of the City Debt, is charged with the execution of the func- tion of issuing and administering bonds of the city. This monograph is devoted to a study of this municipal function and its administration by the Board of Liquidation. The power of this metropolis to b or row m on ey and issue its b on d s and particularly the administra- tion of this function by the Board of Liquidation forms a most interesting problem in municipal government. New Orleans is the only large city, and possibly the only city, in this country where the function of long-term borrowing is completely separated from the function of financing current 223 activities." While current financing of the affairs of New Orleans is directed and administered through the Director of Finance and Department of Finance under the guidance of the Commission Council, bond issuance and administra- tion is vested for the most part in the Board of Liquidation, City Debt, a constitutionally provided board which is both legally and practically an entity separate from the municipal corporation and government proper. In addition to the circumstances lending interest to this situation as a problem in municipal government, there are other particulars which make this a problem of current interest. Recent study made of the Louisiana constitution preparatory to its revision has underlined a most interest- ing situation with regard to the municipal government of New Orleans. Over a period of years there have been writ- ten into the constitution of the state of Louisiana numerous Special provisions concerning the government of New Or- leans. Many of these provisions have been embodied in this document merely by specific reference by number to various legislative acts. The confusion resulting from these prac- tices in the statement by the constitution of the power of New Orleans to borrow money and issue its bonds and of the composition and power of the Board of Liquidation presents a formidable obstacle to the clarification and revi- sion of this basic law. It is hoped that this study will be of value in clarifying a part of what is undoubtedly one of the most confused portions of our state constitution — that concerned with the government of New Orleans. Not a great deal has been heretofore published on this subject,” consequently, this study is, of necessity, very largely concerned with the development of municipal bond issuance and administration in New Orleans and with description of these functions as they are exercised today. The first three chapters of this study trace the develop- ment of the power of New Orleans to borrow money and its * National Industrial Conference Board, Inc., in their report in- cluded in A Fiscal and Administrative Swrvey of the City of New Orleans, Submitted to the Commission Cowmcil of the City of New Orleans by the New Orleans Taac Revision Commission, December 5, 1933 (New Orleans, 1933), p. 44. * A brief statement of the historical development of this field has been made by Horace P. Phillips in his monographs “Bonded Debt of New Orleans, 1822-1920, Inclusive,” Louisiana. Historical Quarterly, III (October, 1920), 596–611, and History of the Bonded Debt of the City of New Orleans, 1922–1933 (New Orleans: a private publication, 224 exercise from the authorization of the first bond issue to the present time, with emphasis given to those developments which were determinative of the present situation. In Chapter 3, an attempt has been made to indicate the power and procedure for the issuance and administration of bonds by New Orleans today. The last two chapters of this study are concerned with the administration of the bonded debt of the city; this, of course, consists of a study of the powers and duties of the Board of Liquidation, City Debt. 1933); and in Rudolph S. Hecht’s Municipal Finance of New Orleans, 1860–1916 (New Orleans: Hibernia Bank and Trust Co., 1916). Bits of valuable material on this subject are to be found scattered through- out John Smith Kendall’s History of New Orleans, 3 vols. (Chicago and New York: Lewis Publishing Co., 1922). The report of the National Industrial Conference Board, Inc., included in A Fiscal and Administrative Survey of the City of New Orleans, Submitted to the Commission Cowmcil of the City of New Orleans by the New Orleans Taac Revision Commission, December 5, 1933 (New Orleans, 1933) is of value in outlining the law applicable to New Orleans on this sub- ject at the present time. - 225 APPENDIX II A HISTORY OF THE BONDED DEBT OF NEW ORLEANS Chaper One THE EARLY PERIOD–1822–1860 In the United States the issuance of municipal bonds made its appearance in the early part of the nineteenth century.” Prior to this period, the modest capital expendi- tures which had been incurred by cities were financed from simple unbonded loans, sales of public land, donations, Subscriptions, lotteries, or current taxation. When the growth of municipalities quickened in the early years of the nineteenth century, and demands arose for new im- provements—waterworks, boardwalks and wooden pave- ments, and later gasworks and public schools—these means of providing capital became inadequate. To satisfy the need for other sources of capital, the municipal bond issue began to make its appearance. The exact date of the first munici- pal bond issue is unknown, but it has been ascertained that New York City began to float securities in about 1812”. The use of the instrument spread rapidly throughout the United States, so that, by 1843, the bonded debt of the cities of the country stood at $27,536,422,” a portion of which sum was owed by practically every major city. The city of New Orleans entered early into the imple- mentation of this system of financing public improvements. At the beginning of the second decade of the nineteenth century, the streets of New Orleans were in very poor con- dition.* There was not, in 1821, a single paved street in the city. Through the city ran four-feet-wide sidewalks, called banquettes, close to the houses and made simply of brick set loosely in sand. The city council recognized in 1822 the * A. M. Hillhouse, Mwnicipal Bonds—A Century of Ezperience (New York: Prentice-Hall, Inc., 1936), p. 31. The material on the early jºry of municipal bond issuance is based upon this work. Q.C., * Ibid., p. 33. * For an interesting account of the circumstances which brought about this first bond issue, see Vincent Nolte, Fifty Years in Both Hemispheres or, Reminiscences of the Life of a Former Merchant (New York: Redfield, 1854), pp. 297–299. 226 Municipal Bond Administration Vol. IV 1822-1860 App. ii necessity of doing something about this situation and determined that at least the principal street, called Rue Royale, should be paved. The costs of paving were estimated at $300,000, which sum was far more than the annual revenue of the city—$60,000 to $70,000, derived princi- pally from leases of tenements and lands belonging to the city and the yearly sales of part of them, the results of public sales, and other such sources. Acting through a com- mittee, the council Secured the passage of a special act of the general assembly" authorizing the city of New Orleans “to create a Fund or Capital to procure a Loan” and to issue “City Stock” to the extent of $300,000. For repay- ment, the revenue of the city was pledged, and, if this proved insufficient, the “faith of the state” to pass laws authorizing city officials to levy and collect a special tax on the property of inhabitants sufficient to supply the deficiency. Under the authority of this act,” the city issued for the first time, in 1830, its bonds called “City Stock,” in the amount of $300,000." There were no further increases in the bonded debt of the city until 18338 when the city embarked upon an ex- tensive program of public improvements and railroad assist- ance. The period of the early thirties in Louisiana consti- tuted not only a period in which the state and New Orleans * Acts of 1822, p. 34 (approved March 12, 1822). Acts of the Louisiana legislature prior to 1837 were not numbered and there- fore reference to these acts in this work are to the page number in the published acts of the year concerned. * There were several amendments to this original authorization. Acts of 1822, p. 40 (approved March 14, 1822) provided that the funds should be used “exclusively for the expenses necessary for paving and watering the city of New Orleans.” Acts of 1827, p. 52 (approved March 9, 1827) required that the loan be dedicated “ex- clusively . . . to the paving of the most commercial wards, in the following proportions, to wit: One-half of the said sum for the suburb St. Mary, and upper suburbs, and the other half for the square of the city and such other wards as the city council may think proper to cause to be paved in consequence of their commercial importance.” Acts of 1827, p. 70 (approved March 13, 1827) increased the ten year limit on the time for which the loan could be made which was contained in the original act to twenty years and the 7% interest limit of the original act to 8%. * The bonds were payable in twenty years and bore 6% interest per annum. Horace P. Phillips, “Bonded Debt of New Orleans, 1822– 1920, Inclusive,” Louisiana. Historical Quarterly, III (October, 1920), 597. This history of the bonded debt of New Orleans was brought up to 1933 by Mr. Phillips in his “History of the Bonded Debt of the City of New Orleans, 1822-1933,” a private publication. As this second article does not vary substantially from the first article in the mate- rial concerning the period prior to 1920, and as the former article has wider distribution, references in this monograph are to the former of these articles in so far as possible. 227 X;Y. New Orleans Studies were interested in the development of internal improve- ments but also one in which, particularly in New Orleans, there was extensive interest in the growth of banking. Con- Sequently, during this period New Orleans, through the ready legislative assistance of the general assembly, pro- ceeded to secure facilities beneficial to the inhabitants of the city by the issuance of bonds for subscribing to the stock of private corporations established with extensive banking privileges but with accompanying duties of develop- ing particular municipal facilities. Thus, in 1833, the assembly incorporated the Commercial Bank of New Or- leans and authorized the city to subscribe to $500,000 of the $3,000,000 capital stock of the concern, in exchange for which stock the city was to issue bonds of equal amount.” In addition to the banking privileges given the corporation, the duty was imposed upon it to dedicate annually a mini- mum portion of its revenues to the construction and opera- tion of a waterworks to be used for the conveyance of water from the river and for its distribution into the homes of inhabitants of the city.” A similar arrangement was made in 183511 for establishing a gas plant for lighting the city, resulting in the authorization of another $100,000 of bonds. And, with the incorporation of the New Orleans Draining Company for the purpose of draining and clearing marshy land and swamps in and around New Orleans,” the city was authorized to subscribe, through the issuance of bonds, to $350,000 of its $1,000,000 capital stock. A second major interest of the municipality during this early period, and in fact for many years to follow, was in the development of transportation facilities, both land and water, connecting the city with the outside world. In pursuing this interest the general assembly of the state led the way. The acts of the general assembly during the thirties and forties are replete with instances of aid given to transportation companies, particularly railroads. It is * Acts of 1833, p. 151 (approved April 7, 1833). The city was authorized to issue its forty-year 5% bonds for the stock. * The city was given the privilege of purchasing the waterworks within thirty-five years, and if the city chose to purchase the water- works, the banking privileges were to end five years from the date of sale—otherwise, after fifty years from the date of the act. See Chapter 2. * Acts of 1835, p. 92 (approved April 1, 1835). This act incor- porated the New Orleans Gas Light and Banking Company with capital stock of $6,000,000, and New Orleans was authorized to issue its forty-year 5% bonds for stock subscriptions of $100,000. *Acts of 1835, p. 67 (approved March 19, 1835). 228 Municipal Bond Administration Vol. IV 1822–1860 App. ii not surprising to find then as early as 1835 express authori- zation being given to the city of New Orleans” to subscribe, by issuing bonds, to $500,000 of the $6,000,000 capital stock of the New Orleans and Nashville Railroad Company. The task of this company was, as the name implies, to build a railroad between New Orleans and Nashville. From the time of the cession of Louisiana to the United States in 1803, there was continual conflict between the native Creole population and the American immigrants who were mostly of Anglo-Saxon heritage. As late as 1836, this animosity necessitated the division of the city of New Orleans into three separate municipalities, known as Mu- nicipality Number One, Municipality Number Two, and Municipality Number Three, of New Orleans.” Each muni- cipality was governed by a council and a recorder; there was also a mayor and general council for the entire city.” Each municipality was given individually the powers pre- viously possessed by the entire city as a unit. The existing debt of the city (called the “old city” debt) was required to be paid off in interest and principal as it matured by the establishment of a sinking fund, administered by a board of six commissioners composed of two members of each cor- porate council selected by ballot each year, and maintained by contributions required to be set aside annually by each municipality from its revenues.” After the division of the city into three municipalities the debt continued to increase. Although there was no express legislative authority, either special or general, for the issuance of bonds by the municipalities,” they never- * Acts of 1835, p. 7 (approved January 30, 1835). ** Norman Walker, “Municipal Government,” Chapter IV of Henry Rightor, ed., Standard History of New Orleans (Chicago: The Lewis Publishing Co., 1900), p. 96. * Acts of 1836, p. 28 (approved March 8, 1836). * Ibid., sec. 15. Also, all bank and other stock of the old city was to be held by the board and interest therefrom employed for the retirement of the old debt. For the same purpose all monies, notes, credits, and accounts of the old city were turned over to the board. To this list a supplementary act (Acts of 1836, p. 38—approved March 11, 1836) added the proceeds from the sale of certain property of the city. * There is one minor exception to this statement. Act No. 52 of 1837 authorized the Third Municipality to subscribe, by issuing bonds, to $250,000 of the capital stock of the Lake Borgne Navigation Company. The act incorporated the Lake Borgne Navigation Company for the purpose of constructing a canal between a point in the Third Municipality and Bayou Bienvenu. It was to have capital stock of $500,000 with the privilege of the company to increase it to $800,000. º bonds of the Third Municipality were to be twenty-year 6% OIACIS, 229 ...'. New Orleans Studies theless continued to issue bonds for various purposes.” This practice” led to the requirement by the general as- sembly in 1839 that “. . . hereafter, it shall not be lawful for either of the councils of the municipalities of the city of New Or- leans to issue its obligations having longer than one year to run, for the purpose of borrowing money, with- out the special authorization of the legislature; nor shall it be lawful for said councils to endorse or guarantee any bond or other obligation for any incorpo- rated company, association or individual, nor to be interested in any manner, directly or indirectly, in the responsibility or undertakings of such companies, associations or individuals, without being first author- ized by law . . . .” This limitation” effectively stemmed any further increase * “At the time of the separation, the corporation was heavily in debt, and the municipalities went on, without any express powers to that effect, borrowing large sums of money, guaranteeing the pay- ment of bonds, and associating themselves with undertakings of other corporations and of individuals, till the year 1839, when the legislature to remedy that state of things” passed Act No. 40 of 1839. it; Municipality of New Orleans v. Morgan, 1 La. Ann. 111 846). * The Supreme Court seems never to have declared directly upon the validity of bonds issued by the municipalities without express authority. In the case of First Mwnicipality of the City of New Or- leans v. The Orleans Theatre Company, 2 Rob. 209 (1842), the court considered the validity of bonds issued by Municipality Number One to the extent of $200,000 for a subscription of capital stock in the Orleans Theatre Company (November, 1836), but found that the ordinance was valid by reason of the passage of a subsequent act of the general assembly (March, 1837) validating it. And, in the case of Louisiana State Bank v. Orleans Navigation Company, 3 La. Ann. 294 (1848), though the court seemed doubtful of the validity of such acts, it could not declare on the matter for such a question was not there presented. This case concerned the act of Municipality Number One (1836) in authorizing the mayor to endorse and guarantee cer- tain bonds of the Orleans Navigation Company, and the court found that the municipality had no authority to lend its credit for the object concerned (the constructing of a transportation canal into the city). * Act No. 40 of 1839, sec. 6. * The courts seem to have followed this limitation strictly, as is demonstrated in Second Municipality of New Orleans v. Morgan, 1 La. Ann. 111 (1846). By Act No. 139 of 1844 other restrictions (it would seem) were placed upon the issuance of bonds although there appears to have been no interpretation of the effect of the statute on the prohibition of 1839. This 1844 statute provided, in Section 2, as follows: “. . . it shall not be lawful, and it is expressly forbidden to the Councils of the respective Municipalities of this city, to issue hereafter any bonds, notes or other evidences of debt, except for the withdrawal of Municipalities (sic) issues, or notes for circulation now outstanding, without the sanction of the Mayor; or in case the Mayor should veto the same, without the vote of three-fourths of 230 Municipal Bond Administration Vol. IV 1822-1860 App. ii in the debt for almost a decade,” as no further express authority for the issuance of bonds was given until 1847. In 1847 the general power to borrow money (and to issue bonds) seems to have been given to the city (i.e., to the municipalities) for the first time.” The power was given with the requirement that in borrowing sums of money exceeding one hundred thousand dollars the ordi- nance providing for the bond issue or loan had to be approved by two-thirds of the members of the council and by a majority of the voters of the municipality voting on the question. By the same act attempts were made to put the floating debts of the municipalities on a sounder basis. Each municipality was authorized to fund, by issuing its bonds, all or any portion of its existing debt.* And, to secure the redemption and punctual payment at maturity of all bonds so issued, each municipality was required annually specifically to appropriate and set apart from the revenue arising from wharfage and the markets a portion of the amount bonded sufficient to extinguish the debt at maturity.” This “sinking fund” of each municipality could not be used for any other purpose than that specified and was not subject to seizure for any other debt.” A con- siderable portion of the debt of the city was funded into bonds under the provisions of this act.” The animosity between the Americans and Creoles had subsided by 1850 to an extent sufficient to allow closer cooperation in the government of the city.” Furthermore, the whole members (sic) of the Municipal Councils passing the same; and it is expressly forbidden to said Municipal Corporations to issue Municipal bonds payable to bearer, for circulation; provided, that nothing herein contained, shall be so construed as to apply to bonds or other issues already emitted by the Municipal Councils.” * This act itself, however, provided for the issuance of municipal bonds. It provided that the state was to issue its bonds in return for bonds of the several municipalities to the extent of $600,000 for Municipality Number One, $500,000 for Municipality Number Two, and $300,000 for Municipality Number Three. It does not appear what the state bonds were to be used for or whether they were issued to the extent authorized. However, by Act No. 144 of 1845 the state and Municipality Number One re-exchanged $600,000 of these bonds and the interest differential in favor of the state was forgiven. * Act No. 192 of 1847. ** Ibid., sec. 3. * Ibid., sec. 4. * Ibid., sec. 5. * See Board of Liquidators of the City Debts v. Municipality Number One, 6 La. Ann. 21, 23 (1851). * Walker, op. cit., p. 98. 231 Yº..." New Orleans Studies the debts of the municipalities, both floating and bonded, continued to grow, although the separate units were unable to bear the great burden imposed by their already existing debts due both to size of the interest payments and to ill- management.” Consequently, steps were taken by the 1850 session of the general assembly to consolidate the munici- palities and to put them again under a unified government. The people of the city elected to consolidate at an election held for this purpose on the second Monday of April, 1850.8% The consolidated government of the city was to be established under the terms of an act of 1850,” but, due to the difficulties involved, nothing or little was done in the Way of organizing the city under a unified administration” until 1852 when the legislature presented an entirely new plan.* This plan was based upon the plan of organization of the federal government. The legislative branch consisted of a bicameral Common Council, having a Board of Alder- men and a Board of Assistant Aldermen. The members of the “upper house” were thirteen in number, elected for terms of two years from the four districts of the city (which corresponded to the municipalities, with Lafayette as the fourth district), and the “lower house” was com- posed of twenty-seven members,” elected for one year terms also from the four districts of the city. The two “houses” transacted legislative business as separate legis- lative bodies and between them there existed many of the checks and balances of the federal government, includ- ing the requirement of the passage of an ordinance by both groups. The executive branch of the city government con- sisted of a mayor, elected by the people, three recorders, * Ibid. Also, see State eac rel. Southern Bank v. Pilsbury, 31 La. Ann. 1, 3 (1879). * The election was held in pursuance of Act No. 241 of 1850 entitled “An act to take the sense of the people of the city of New Orleans upon the reunion of the three municipalities of said city into one corporation.” A majority vote in each municipality was required. * Act No. 202 of 1850. Under this act there was to be one set of governing officers for the entire city, consisting of one mayor, two recorders, one treasurer, one comptroller, one surveyor, one street commissioner, one chief of police, and a board of aldermen to be styled the “City Council of New Orleans.” * State eac rel. Southern Bank v. Pilsbury, 31 La. Ann. 1, 3 (1879). * Act No. 71 of 1852. ... “These numbers of members of each “house” include those added with the consolidation of the city of Lafayette with New Orleans by Act No. 72 of 1852. 232 Municipal Bond Administration Vol. IV 1822-1860 App. ii a treasurer, comptroller, surveyor, street commissioner, and subordinate officers. Between the two branches there were established the checks and balances usual to this form of government — the most important of which were the power of the mayor to veto ordinances of the two boards, which might be overriden with a three-fifths vote, and the power of the Board of Assistant Aldermen to impeach the mayor and have him tried by the Board of Aldermen. Just as the attempt made in 1850 to organize the con- solidated government of New Orleans was not successful, the attempts of the legislature of 1850 to deal with the bonded debt of the city also failed. The general assembly provided in 1850* for the establishment of a “Board of Liquidators,” whose duty it was to liquidate the debt of the “old city” (i.e., the debt of the city which arose before 1836) and the debt of each of the municipalities created since 1836. An attempt was made to separate the board from the established organs of government by providing that it should be composed of seven members consisting of the mayor, acting as ex officio president of the group, and six other persons, two of whom were elected by the voters of each municipality every two years. None of the elected members could be a member or officer of either of the mu- nicipal councils or of the general council of the city. After ascertaining the valid debts of the “old city” and each of the municipalities and dividing the “old city” debt among the municipalities as a part of their separate debts accord- ing to the assessed value of property of each, the board was to issue bonds of New Orleans in the name of each munici- pality and to exchange them for old bonds. The board was further instructed to take over the “general sinking fund,” the fund established in 1836 for the liquidation of the debts of the “old city,” and the several sinking funds established for the various municipalities in 1847,” and to apply the proceeds thereof to the payment of interest and principal falling due on the entire debt. The board began to take control of the bonded debt of the city under the terms of this act but its progress was shortly impeded by a decision of the Supreme Court of Louisiana holding that the board had no right to claim the sinking funds of the several muni- cipalities set up in 1847 because these had become “security” * Act No. 203 of 1850. * See Notes 25 and 26 supra. 233 ...' New Orleans Studies for the refunding bonds issued in that year and conse- quently a vested right which could not be divested by reason of the Louisiana Constitution of 1845 which prohibited the passage of laws impairing the obligation of contracts.37. This partial emasculation of the board led to the adoption in 1852 (along with the new charter discussed above) of legisla- tion” making a new approach to the debt difficulties of the city. The act of 1850 (establishing the Board of Liquidators and describing its powers) was completely repealed and the Board of Liquidators was ordered to turn over to the newly- created “Commissioners of the Consolidated Debt of New Orleans” “all funds, monies, credits, papers and books or evidence of debts or property of any description.” The debt of the “old city,” those of the municipalities, and that of the city of Lafayette, which in that year had been con- solidated with New Orleans,” were assumed by the new corporation.” For the administration of this debt there was established a new board entitled the “Commissioners of the Consolidated Debt of New Orleans” consisting of the mayor, comptroller, treasurer, and the chairmen of the finance committee of the boards of the Common Council.” This group was authorized to issue bonds of New Orleans * Constitution of 1845, Article 109. Board of Liquidation of the City Debt v. Mwnicipality Number One, 6 La. Ann. 21 (1851). The court said that the board did not have the right to claim the funds even for the purpose of applying them according to the 1847 dedication (Act No. 192 of 1847, Sections 4 and 5) because “the depositary thus selected forms a substantive part of the contract, and offers guaran- tees which it would be contrary to good faith to impair, and which the Legislature and the municipality have no right to change by substituting depositaries of their own selection” (p. 24). These find- ings of the court in regard to the position of the Board of Liquidators are expressly accepted without question in Mwmicipality Number One v. Steamer Anna No. 2 and Owners, 7 La. Ann. 149 (1852). * Acts No. 71, 72 and 115 of 1852. * Act No. 115 of 1852. ** Act No. 72 of 1852. ** The debts of the various classes on April 12, 1852, were as follows: Old City . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,923,760.00 First Municipality . . . . . . . . . . . . . . . . . . 1,051,510.63 Second Municipality . . . . . . . . . . . . . . ‘. . 2,359,458.92 Third Municipality . . . . . . . . . . . . . . . . . 855,191.06 City of Lafayette. . . . . . . . . . . . . . . . . . . 504,825.65 Total . . . . . . . . . . . . . . . . . . . . . . . . . . $7,694,825.65 From Phillips, op. cit., p. 598. ** Act No. 115 of 1852, sec. 37. 234 Municipal Bond Administration Vol. IV 1822-1860 App. ii (forty-year bonds with the interest rate fixed by the Com- missioners—called the “Consolidated Debt Bonds”) and to exchange them for any bonds, obligation or debts of the old corporation, or of any of the municipalities and the city of Lafayette, whether matured or not, or to sell the bonds and apply the proceeds to the purchase of any of these bonds. For paying interest on and gradual removal from the market by purchase of the Consolidated Debt Bonds, the Common Council was required to levy a tax on January 1 of each year sufficient to produce $650,000. The levy of this tax was enforced by a stipulation to the effect that all ordinances after January 1 of each year were null and void unless the ordinance providing for this tax had been previously passed. The security thus given for servicing and retiring these bonds gave them a high credit rating in the markets of Europe and America.” Interest on the Consolidated Debt Bonds was paid promptly until the rise of the great financial difficulties of the early Seventies. One of the stipulations of an act of 1836 supplementary to that dividing the city into three municipalities* was that in the event the municipalities were re-united, each would have to pay its own debts. With the materialization of this possibility in 1852 an attempt was made to adhere to the terms of the stipulation.* Consequently, it was provided that the $650,000 required to be accumulated annually through the “Consolidated Loan Tax” for the payment of interest on and the retirement of the Consolidated Debt Bonds should be apportioned among the municipalities and the city of Lafayette (now “districts” of New Orleans) according to their respective debts,” and that the percent- age levy on the property of each district should be fixed so as to bring in the portion of the total amount due by it. The result of this practice was to cause considerable disparity among the various districts in the rate of taxation. During the four years it was in operation, from 1852 to 1855, in- clusive, the aggregate percentage levied on real estate and * State e2; rel. Southern Bank v. Pilsbury, 31 La. Ann. 1, 4 (1879). “Acts of 1836, p. 38 (approved March 11, 1836), sec. 3. * Act No. 71 of 1852, sec. 37 and Act No. 72 of 1852, sec. 5. * See Note 41 supra. 235 Yº..." New Orleans Studies slaves was, for all purposes, in the First District, 8.58% ; in the Second, 8.09% ; in the Third, 10.71% and in the Fourth, 7.65%.47 This disparity in rate of taxation among the districts, coupled with the wide differences in the rates of taxing real estate and slaves on the one hand and personal property on the other,” aroused the ire of real estate and slave own- ers and led to the passage in 1856 of legislation designed to correct the inequities of this taxing system.” It was stipu- lated that all property, real and personal, throughout all of the districts should be taxed at an equal and uniform rate not to exceed annually one dollar and fifty cents on the hundred (1.5%), including the consolidated loan tax and the special railroad tax (to be discussed shortly), provided that this rate should be sufficient to pay the interest on the consolidated debt and the railroad bonds issued by the city.” This new arrangement did not interfere with the value of the bonds of the city because each year in the period follow- ing, as this tax was collected, the funds necessary to fulfill the consolidated loan and railroad bond obligations were set apart so that they could be promptly met.” As mentioned earlier in this history, the state of Loui- siana was very interested in the development of railroads and gave much assistance, principally in the way of stock subscriptions, to those who engaged in this activity. This policy was so greatly emphasized as to require the estab- lishment of strict constitutional provisions against its exer- cise in the Louisiana Constitution of 1845. By that docu- ment the state was prohibited from becoming a subscriber * State eac rel. Southern Bank v. Pilsbury, 31 La. Ann. 1, 12 (1879). * While real estate and slaves were taxed at the rates indicated in the paragraph above, all other taxable property in the city paid only an aggregate of 2.95% during the same period. Ibid. * Acts No. 93, 134, and 164 of 1856. * Act No. 134 of 1856; also carried over into the new charter of 1856—Act No. 164, sec. 42. * Long after the adoption of these provisions requiring uni- formity of taxation throughout the city and the resulting deviation from the terms of the 1852 legislation, the supreme court of the state indicated that in view of the requirement of the Constitution of 1845 that taxation be “equal and uniform throughout the state,” the attempts in 1852 to require each municipality to pay its “own” debts were actually unconstitutional. State e2; rel. Sowthern Bank v. Pilsbury, 31 La. Ann. 1 (1879). However, on appeal to the United States Supreme Court, the state court was reversed, it being found that there was no constitutional objection to the legislation of 1852. State of Louisiana v. Pilsbury, 105 U. S. 278, 26 L. Ed. 1090 (1881). 236 Municipal Bond Administration Vol. IV 1822-1860 App. 11 to the stock of any corporation or joint-stock company.” Furthermore, the legislature could not pledge the faith of the state for the payment of any bonds, bills, or other con- tracts or obligations for the benefit or use of any person, corporation, or body-politic;” nor could it create, renew, or extend the banking or discounting privileges of any cor- porate body.” These rigid restrictions were somewhat relaxed by the Constitution of 1852. By this instrument, the legislature was allowed power to grant aid to companies formed for the exclusive purpose of making works of inter- nal improvement to the extent of one-fifth of the capital of such companies by the subscription of stock or loan of money or public bonds;” but the aggregate amount of debts and liabilities incurred in pursuance of this power could never exceed at any one time, eight million dollars.” These restraints upon the will of the legislature brought forth legislation designed to invest in local units of government considerable power to assist such enterprises." Authoriza- tion was given to parishes and municipal corporations to subscribe to the stock of corporations undertaking works of internal improvement and to pay for such subscriptions by the levy of a tax on the landed estates of the unit for a definite period of years.” Such action required approval by a majority of the voters upon whose property the tax would be levied. The stock so purchased was declared to belong not to the local governmental unit but rather to the taxpayers, who were to receive receipts for the amount of taxes paid which might be exchanged for “certificates” of the company for whose benefit the tax was levied. No gen- eral power was given by the act to local units of govern- ment to borrow money and issue bonds for subscription purposes. * Constitution of 1845, Article 121. * Ibid., Article 113. ** Ibid., Article 122. * Constitution of 1852, Article 109. * Ibid., Article 110. * This tendency of state legislatures to invest local units of gov- ernment with general power to assist railroads seems to have gen- erally followed throughout the United States in the wake of consti- tutional restrictions on state aid to railroads. See Hillhouse, op. cit., pp. 143-144. * Act No. 175 of 1852; a later act to the same effect was Act No. 15 of 1855. The 1852 act was found to be constitutional in Police Jury, Right Bank, for Use of the New Orleans and Great Western Railroad Co. v. Succession of John McDonogh, 8 La. Ann. 341 (1853). 237 X." New Orleans Studies Despite the high rate of taxes already being collected in New Orleans, the people of the city in May of 1852 chose to subscribe, under the terms of this act, to $1,500,000 of the capital stock of the New Orleans, Opelousas and Great Western Railroad Company” and $2,000,000 of the capital stock of the New Orleans, Jackson and Great Northern Rail- road Company,” and to submit to the levy of a special railroad tax for a period of six years. Restrictions of the charter of 1852°1 prevented the capitalization of this tax by the issuance of bonds; however, in 1854 the legislature granted special authority to the city to issue bonds in exchange for those particular stock subscriptions.” At the same time authority was given to the city to issue bonds for $1,500,000 for subscribing to stock in the Pontchartrain Railroad Company.” Thus, in one year the city was author- ized to issue, and did issue, bonds to the extent of $5,000,- 000—more than half the existing debt—for railroad aid. It was prescribed that for the payment of the interest on these bonds” there should be levied a special “railroad tax” on the property of the inhabitants of the city.” This tax was to be collected along the with the consolidated loan tax and was to have the same safeguard as that tax—that is, all ordinances passed during any year were to be null and void, except for the ordinance levying the consolidated loan tax, unless the ordinance levying this special railroad tax had been previously passed. The need for other local improvements in the city led to only two other special legislative bond issue authorizations during the remainder * At an election held in pursuance of the terms of an ordinance of May 17, 1852. * At an election held in pursuance to the terms of an ordinance of May 13, 1852. * Act No. 71 of 1852, sec. 37, provided that “From and after the passage of this act, no obligation or evidence of debt of any description whatever, except those herein authorized (i.e., the Con- solidated Debt Bonds), shall be issued by the city of New Orleans, or under its authority . . . .” * Acts No. 108 and 109 of 1854. In granting this authority the two ordinances were repealed. In each case the bonds were for twenty years and bore 6% interest. * Act No. 110 of 1854. The bonds were to run for thirty years and interest was to be 6%. * The principal of the bonds was guaranteed by the pledging of the stock to its repayment. See Chapter 2. * This tax was not to be collected after the yearly dividends on the railroad stock reached 6% ; in such event the interest on the stock was to be used to off-set the interest on the bonds. 238 Municipal Bond Administration vol. iv 1822-1860 App. ii of the decade just past the half-century; these were for a total of $600,000.66 The abrupt increase in the debt of the city occasioned by the issuance of the railroad aid bonds brought forth the first debt limitation placed upon the city. In 1855 the total indebtedness of the city which might be outstanding at any time was limited to twelve million dollars.” No substantial changes were made in either the organ- ization of the government of the city or the power of the city to incur debt by the new city charter of 1856.68. How- ever, definite arrangements were made for the servicing of the bonded debt.” The Common Council was authorized to select one of the banks of the city as fiscal agent to act during the pleasure of the council. The agent was authorized to receive daily from the city treasurer, on deposit, all monies collected on account of the consolidated loan and railroad bond taxes and to pay, when due, without expense to the city, all interest coupons on all bonds upon which the city was required to pay, and to purchase, when in possession of funds, bonds of the city under instruction from the council. No portion might be taken from the fund on draft except under resolution of the Common Council requiring the removal of the funds to another bank elected fiscal agent. Thus, we find that during the period preceding the Civil War, though there were no general policies and prac- tices of bond issuance which were developed and consist- ently adhered to, there were, nevertheless, certain of the institutions, later incorporated into the permanent financial structure of the city, which made their appearance from time to time. Among the more important of these were the requirement of a popular referendum on the question of * The first of these was Act No. 225 of 1854, by which act New Orleans was authorized to issue bonds up to $500,000 for the purpose of enabling the city to reclaim and drain the swamp and overflowed lands within the corporate limits of the city and in the vicinity. The bonds were to run for forty years with interest at 6%. The bonds were to be serviced by a tax levy on real estate apportioned in so far as possible according to the benefit gained from the work. The second authorization was by Act No. 248 of 1858, which established the Lafayette Water Works Co. for the purpose of supplying water for the Fourth District (Lafayette) and empowered the city of New Orleans to subscribe to $100,000 of the $500,000 capital stock. * Act No. 173 of 1855. * Act No. 164 of 1856. * Ibid., sec. 118. 239 ...'. New Orleans Studies the issuance of bonds and levying of a tax, the securing of interest and principal of bond issues by guaranteeing the levy of a special tax, and the establishment of maxi- mum debt limits. All of these limitations on the power of the municipality appeared in the ever-increasing tendency of the legislature to limit and even to handle directly the issuance of bonds by New Orleans. Practices in administering the bonded debt of the city varied with each bond issue. There appeared for a period of two years (1850–52) a board similar in many ways to the Board of Liquidation, City Debt (created in 1880), in both its composition and functions. This board, composed largely of persons serving in no other capacity in the munici- pal government, was vested with extensive powers in liqui- dating and consolidating the debts of the three municipali- ties and the “old city.” In these particulars this board was similar to that established at a later date. However, this group was soon supplanted in its functions by a group con- sisting entirely of officers of the city acting in an ex officio capacity. Thus, the administration of the debt of the city throughout this early period was almost exclusively vested in the hands of or within the complete control of municipal officers proper. 240 Chapter Two THE CIVIL WAR AND RECONSTRUCTION__1861–1898 The period of the Civil War and Reconstruction was the period in which the financial standing of New Orleans reached its lowest ebb. There was during this period a rapid increase in the bonded debt of the city accompanied by a decrease in the value of property subject to taxation, great difficulties and inefficiency in collecting taxes levied, and maladministration of the city’s revenues. These cir- cumstances brought the city to the brink of bankruptcy during the seventies and early eighties. The city was saved from repudiation of its debt only by the implementation of a unique scheme for refunding a part and by judicially enforced taxation for paying the obligations of the remainder. Although there was no great increase in the bonded debt of the city during the Civil War, there were, never- theless, certain forces in operation which later contributed to the financial difficulties of the city. Among these was the change in the assessed valuation of property during and immediately following the Civil War.” The assessed valuation of property in New Orleans dropped from $125,- 192,405 in 1861 to $98,788,325 in 1865—a loss of more than one-fifth of the total assessment. The chief causes of this decrease seem to have been loss in value of “personal prop- erty,’”—confiscation of property during federal occupa- tion,” and emancipation of slaves (amounting to a reduc- tion of $6,609,210).4 At the same time property values and assessment decreased, the taxes levied on property were not properly collected. Because of hardships resulting from the war, the legislature suspended the collection of municipal taxes during the war and for six months thereafter.” Later, at- tempts were made to collect these taxes but success was * See Note 23 infra. * Phillips, op. cit., p. 599. * John Smith Kendall, History of New Orleans, 3 vols. (Chicago and New York: The Lewis Publishing Co., 1922), vol. 1, p. 304. * Phillips, loc. cit. * Act No. 17 of 1863. 241 ...' New Orleans Studies Slight.” In the years that followed, it became increasingly difficult to collect the taxes levied from year to year, due in part to the opposition of tax-resisting associations which Sprang up during the late sixties and continued their exist- ence throughout the seventies.” And even when the city officials succeeded in collecting the taxes which were levied, receipts were often in the form of the inflated “city money” or other evidences of indebtedness which the city itself had issued. Although the revenues of the city thus decreased, expenditures increased. Carpetbag administrations misdi- rected and squandered the revenue of the city. City officials steadily increased their salaries far beyond the bounds of reason.* This practice constituted a great drain on the revenues of the city until it was finally prohibited by the Constitution of 1879.9 Each year the floating debt of the city increased and at frequent intervals it was funded into bonds, thus increas- ing the bonded debt of the city considerably. The floating debt of the city during the period immediately following the Civil War was represented in large part by evidences of indebtedness of the city called “city notes,” “city money,” or “shinplasters.” These notes first appeared during the early days of the Civil War (with the council of 1861) when they were issued for the purpose of helping to fill the need for small change in the markets of the city.19 However, when revenues of the city became short, they were issued in large quantities to meet the everyday expenses of city government. This “money” became, along with similar issue of private concern, the principal medium with which minor commercial transactions were carried on, and consequently, as the value of this circulating medium decreased, prices increased.” The issuance of this “city money” was further objectionable in that no adequate system of accounting was developed so as to allow for checking upon the officers * Kendall, op. cit., p. 317. * Ibid., p. 352. * Several of the salaries of city officials ranged between $7,000 and $10,000, Kendall, op. cit., p. 421. * Article 254 of the Constitution of 1879 limited salaries of city officials to $3,500. * Kendall, op. cit., p. 241. 11 Ibid. 242 Municipal Bond Administration Vol. IV 1861-1898 App. ii entrusted with its issuance or even to provide for precise determination of the outstanding obligations of the city.” Several attempts were made to place these obligations upon a sounder basis. In 1867 the legislature “legalized and authorized” the issuance of the $3,600,000 of the city notes already in circulation at that time and provided that a two and a half mill tax should be levied annually for the pur- pose of retiring them.” The act also forbade the city to issue any more such notes or certificates of indebtedness.” Al- though the further issuance of these notes was thus pro- hibited, the revenues of the special tax proved insufficient to meet the demands for payment on city notes, and conse- Quently steps were taken in 1869 to convert them into bonds. The legislature authorized the city to issue $3,000,000 of its bonds for this specific purpose.” The remainder of the outstanding city notes were retired in 1870 out of the pro- ceeds of another $3,000,000 bond issue.” Although the issuance of city notes was forbidden in 1867, the floating debt in the for m of judgments, war- rants, and registered bills continued to grow. It was neces- sary in 1868 to secure authorization for the issuance of $1,000,000 in bonds to meet current expenses.” Along with the $3,000,000 bond issue of 1869 mentioned above the city was also authorized to issue $2,000,000 in bonds for the purpose of funding the existing floating debt represented by judgments, warrants, and registered bills.” Another issue of bonds to the extent of $3,000,000 was authorized * Ibid., p. 315. * Act No. 89 of 1867. At the same time, however, by Act No. 67 of 1867, the city was authorized to issue $2,500,000 more of these “city notes” to be used for the retirement of state certificates of indebtedness. “Ibid., sec. 6. Its issuance seems to have been finally stopped only in 1868 by the destruction of the plates from which it was printed. See Kendall, op. cit., p. 317. * Act No. 49 of 1869, sec. 1. The bonds were for twenty-five years and drew interest at 7%. The payment of interest and capital were to be secured by a required monthly deposit to be made to the fiscal agent by the city treasurer, who could do no other official act after such a payment was due until it had been paid. All of this issue of bonds not issued by March 16, 1870, was required by Act No. 7 of 1870 to be destroyed. * Act No. 7 of 1870. The bonds were to run for twenty-five years at 7% interest. sº Act No. 52 of 1868. Interest was at 10%. See Phillips, op. cit., D. tº * Act No. 49 of 1869, sec. 2. The bonds were for twenty-five years at 7% interest. 243 ...'" New Orleans Studies in 1870 for the purpose of funding the existing floating debt.” These funding acts of 1869 and 1870 increased con- siderably the outstanding bonded indebtedness of the city. While the bonded debt was $10,762,912.58 in 1868, it in- creased to $15,256,550.00 in 1869—an increase of almost one-half in one year!—and to $17,436,700.00 in 1870.” Yet, still further funding acts were necessary in 1871* and 1872” to provide for bonding the floating debt and paying current expenses. In this manner the bonded debt upon which the city was required to pay interest (which was very high on most of the bonds—as high as 10% on some and averaging about 7.5%), and, to an extent, principal, from 1873 to 1875 was almost $23,000,000.” The rapid increase in the bonded obligations of the city was stopped in 1874 by an amendment to the Constitution of 1868 prohibiting the city of New Orleans from increasing her debt “in any manner or form or under any pretext.” * Act No. 7 of 1870. These bonds were to run for twenty-five years at 7% interest. All of the bonds authorized under Act No. 49 of 1869, secs. 1 and 2, not issued by March 16, 1870, were required to be destroyed by this act. ** Although funding the floating debt of the city created by cur- rent expenses constituted the major portion of the tremendous increase in the bonded debt of the city, there were other issues which con- tributed. In 1869 the city issued $1,393,400 of its bonds to the Com- mercial Bank for the purchase of the municipal waterworks operated by that concern by virtue of Act No. 40 of 1833 (Kendall, op. cit., p. 384); see Chapter 1, swipra. New Orleans, in 1870, assumed all of the debts of Jefferson City which was at this time consolidated with the city (Act No. 7 of 1870); and it issued Wharf Bonds amount- ing to $709,000 (Phillips, op. cit., p. 600). * Act No. 100 of 1871 authorized the issuance of $2,000,000 in ten- year 10% bonds to fund the floating debt and to pay arrearages of interest and principal due out of current revenues. * Act No. 73 of 1872 authorized the issuance of bonds constitut- ing the “new consolidated debt of New Orleans” to run for fifty years at interest of 7%. The bonds were to be issued for several purposes, one among which was to fund the floating debt of the city. * The following figures illustrate very well the process of declin- ing assessment and increasing debt which took place during the years 1860 to 1880: Per Capita Percentage of Assessed Per Capita Assessed Valuation Year Valuation Bonded Debt Which Debts Equal 1860 $717.11 $ 66.67 9.3% 1865 (est.) 548.53 57.51 10.5% 1870 730.59 91.09 12.5% 1875 (est.) 585.38 108.16 18.5% 1880 421.57 83.17 19.7% * The amendment was proposed by Act No. 22 of 1874 and adopted at the November election of 1874. It further provided that “After the first day of January, 1875, no evidence of indebtedness or warrant for payment of money shall be issued by any officer of 244 Municipal Bond Administration Vol. IV 1861–1898 App. ii As the bonded debt grew larger, city taxation increased in order to meet the interest and principal requirements of the various issues. While the tax rate had been 1.5% in 1860, by 1869 it had risen to 2.375% ; and in 1870 it was 2.625%, in 1871 and 1872 it was 2.75%; in 1873 the city tax rate reached 3%.” Although these nominal rates were high, it has been conservatively computed that on a just valuation of property in New Orleans at this time the municipal tax rate actually stood near 5%.” Combined with a 2% state levy upon the same property, the tax constituted a great burden upon the taxpayers of the city. And, even though these large levies were sufficient to provide for the debt obligations and necessary current expenses of the city if they had been properly collected and expended, difficul- ties of collection and reckless spending minimized their ef- fectiveness. By 1874 the city was on the verge of bankruptcy.” Interest on the debt and current expenses exceeded the rev- enues of the city. It was almost impossible for the city to raise funds due both to the very low standing to which the city credit had dropped,” and to the continued diffiiculties in collecting taxes occasioned in large part by persistent resistance of the tax-resisting associations.” After further attempts at securing the payment of taxes and fruitless planning for the consolidation and refunding of the debt said city, except against cash actually in the treasury.” The amend- ment did not, however, prevent the renewal of matured bonds at par or the issuance of new bonds in exchange for other bonds. Violation # the provision of this amendment carried both imprisonment and 1116. * Walker, op. cit., p. 101. * Kendall, op. cit., p. 350. ** Among other things a large number of the railroad aid bonds of 1854 matured this year; and, while the stock originally purchased by the bonds was supposed to have been held for repaying the prin- cipal of the bonds, the $2,000,000 of stock held by the city in the New Orleans, Jackson and Great Northern Railroad Company had been sold in questionable proceedings (through the authorization of Act No. 76 of 1870) for a sum of $320,000. Some claimed the stock was valueless while others contended it was worth $3,000,000. See State ea rel. Southern Bank v. Pilsbury, 31 La. Ann. 1, 5 (1879). Later the city was required to levy a special tax for the repayment of the principal of the bonds. The debt of the city was further increased in this year by the assumption of the debt of the city of Carrollton which was merged with New Orleans at this time. * All of the bonds sold by the city after 1867 required interest rates of from 7% to 10% and, nevertheless, brought on sale only from 75% to 90% of their par value. * Kendall, op. cit., p. 381. 245 ...' New Orleans Studies through the sale of all city property not absolutely necessary for the public service,” the “Premium Bond plan” captured the interest of the municipal authorities. Undoubtedly the Premium Bond plan was one of the most novel and unique plans for refunding a large municipal debt ever employed in this country. Designed to interest the lottery-minded public, the plan, originated by D. H. Adler, an elderly German who was interested in the history of finance in Europe, was a “modified form of the lottery bonds popular in various European countries.” The details of the plan were worked out by Adler, Lewis Schneider, one-time city treasurer, and Edward Pilsbury, the admin- istrator of finance, and the plan was presented by Pilsbury to the council in August of 1875 at which time it was adopted.” It was ratified by the legislature by Act No. 31 Of 1876.38 The principal object of the plan was to convert the bonded debt of the city—amounting to over $22,000,000 in 1875 and bearing an average annual interest of about 7.5% —into “Premium Bonds” redeemable in from one to fifty years with 5% interest plus certain “premiums.” There were to be one million $20 bonds divided into 10,000 series of 100 bonds each, of which a certain number of bonds were to be redeemed twice each year. To determine the particular series redeemed each year all of the numbers representing the various series of bonds were placed in a wheel—where they remained for fifty years—and four times a year, fifty numbers, representing fifty series were drawn out of the wheel. Twice a year, these drawn series participated in the “premium” distribution, at which times 1,176 “premiums,” ranging from $20 to $5,000 (and totaling $50,000), were distributed among the bondholders and all bonds were paid at their par value, plus interest at the rate of 5% from * Ibid., p. 383. ** Ibid. * The Premium Bond plan was held to be constitutional in Moore v. City of New Orleans, 32 La. Ann. 726 (1880). During the period of attack on these bonds their value fell as low as $5 for a bond of $20 par value. Moving in a bold stroke of policy the city officials at this time covertly purchased $3,567,360 of Premium Bonds out of proceeds received from the sale of certain franchises and from pro- ceeds of drawn Premium Bonds held by the city which were dedicated by law to the bonded debt. The city benefited from these purchases by the participation of the bonds so purchased in the premium distribu- tions. Phillips, op. cit., p. 602. 246 Municipal Bond Administration Vol. IV 1861–1898 App. ii July 15, 1875. These drawings, constituting in later years one of the last legal lotteries in the United States,” con- tinued until 1925 at which time the last series of bonds was retired at the minimum value of $70 for each bond. The lottery-minded public, public officials, and business tycoons surrounded these periodic drawings with much pomp and circumstance. The early drawings, witnessed by large crowds, were conducted by lesser public officials in an official atmosphere given to the occasion by the presence of the mayor, members of the council, bank presidents, and other leaders of the community.” So much a lottery was this aspect of the plan that soon after it was initiated, the Louisiana Lottery Company, a group which had been chartered in 1868 by the legislature and given the exclusive right to sell lottery tickets and draw lotteries in the state of Louisiana, filed a petition asking for an injunction against the operation of the plan; but, due to adverse criticism by local newspapers the suit was discontinued within a few days.30 The leading financiers of the time were nearly all in favor of the Premium Bond plan and made every effort to induce the city’s creditors to exchange their old bonds for the new.” This persuasion and the element of chance were sufficient to induce a large number of bondholders to ex- change their old securities for this new form of bond. How- ever, many bondholders refused to adhere to the terms of the Premium Bond plan because they did not care to give up their semi-annual interest-bearing securities, which were supposed to give them a fixed income at stated intervals, for Premium Bonds on which no interest could be collected until the principal became due; moreover, while interest rates on the older securities averaged about 7.5%, Premium Bonds rendered only 5% interest and a chance at winning a “premium.” In consequence, only $13,464,340 of Premium Bonds were ever issued, leaving nearly $10,000,000 of the old high-interest-bearing bonds outstanding. Litigation con- cerning the rights of these bondholders ended in decisions * Russ Kintzley, “Premium Bond Plan Saves New Orleans From Bankruptcy,” Times-Picayune, January 3, 1940, p. 5. * Ibid. * W. O. Hart, “An Interesting Incident in Connection with New Orleans Premium Bonds,” Louisiana. Historical Quarterly, VIII (April, 1925), 248-251. * Phillips, op. cit., p. 602. 247 X." New Orleans Studies adverse to the interests of the city and the plan failed to attain fully the desired results. It was the purpose of the Premium Bond plan to reduce considerably for the years immediately following the annual payments of interest required to be made by the city, thus allowing the city to return to a cash basis in handling city expenditures and to reduce the taxes imposed upon the inhabitants of the city. Thus, by the act of 1876 the city was authorized to levy an annual municipal tax not ex- ceeding 1.5%, .5% of which was to be set aside in a special fund to pay annually the interest and principal of bonds redeemed and the “premiums” awarded under the Premium Bond plan; and it was expressly stipulated that no other tax might be levied for the payment of bonds or interest on bonds other than for the continuance of the Premium Bond plan.* It was toward this aspect of the Premium Bond plan that the great opposition of holders of old bonds was directed. Of the $10,000,000 of municipal bonds which were not exchanged for premium bonds, about $4,000,000 consisted of Consolidated Debt bonds issued in 1852. By the act authorizing their issuance” the payment of interest and principal of these bonds was guaranteed by a requirement that the city levy a special tax sufficient to provide $650,000 annually. After the passage of the Premium Bond act the collection of this tax was suspended. Consequently, holders of the Consolidated Debt bonds sought a writ of mandamus to require the levy of the tax; and, although this demand was rejected by the Supreme Court of Louisiana, 49 it was granted by the Supreme Court of the United States on the ground that the levy of this tax was a vested right of the bondholders under the obligation of contracts clause of the federal constitution.* The tax limitations of the Premium Bond act were, therefore, declared to be unconstitutional in so far as the Consolidated Debt bonds were concerned. The attack upon these tax limitations did not cease here, however. The case of United States v. New Orleans42 originated in a petition for a writ of mandamus to compel * Act No. 31, secs. 6, 11, and 7. * See Chapter 1. * State ex rel. Southern Bank v. Pilsbury, 31 La. Ann. 1 (1879). “Lowisiana v. Pilsbury, 105 U. S. 278, 26 L. Ed. 1090 (1881). **98 U. S. 381, 25 L. Ed. 225 (1878). 248 Municipal Bond Administration Vol. IV 1861–1898 App. ii the city to levy a tax to pay certain judgments rendered against it upon bonds issued to the New Orleans, Jackson and Great Northern Railroad Company in 1854, there being no property of the city remaining subject to seizure. The city’s defense was that there was no legislative authority for levying such a tax. The lower courts proceeded upon the theory that the taxing power resided solely in the legis- lature and the judiciary could not curtail or direct it and therefore decided in favor of the city. The Supreme Court of the United States, however, held that the taxing power might be delegated by the legislature to a municipality; that when a municipal corporation was created, the power of taxation was vested in it as an essential attribute for all the purposes of its existence, unless expressly prohibited; that when a city contracted a debt, it implicitly undertook to pay it, and hence that it was the duty of the judiciary to force the city to do so by levying a tax if no other means existed for that purpose. This theory was extended two years later in the case of Wolff v. New Orleans” to hold in effect, the tax limitations of the Premium Bond act to be unconstitutional in so far as any previously outstanding bonds were concerned. The effect of these decisions was to open the way to much litigation and thus to increase rapidly the tax levy necessary to meet the various judgments rendered against the city. The annual tax levy for paying these special judg- ments increased year after year until it amounted to 16% mills On the dollar in 1882.44 Due to the rapid multiplication of these judgments against the city and the growth of the floating indebtedness, the problem of the indebtedness of New Orleans was con- sidered by the Constitutional Convention of 1879. No progress was made; instead it was specifically given by the convention to the following session of the legislature for ** 103 U. S. 358, 26 L. Ed. 395 (1880). “James J. McLoughlin, “Municipal Indebtedness—New Orleans,” Ammals of the American Academy of Political and Social Science, XXV (June, 1905), 624. Although the Constitution of 1879 had provided that no municipal tax for all purposes might exceed 10 mills on the dollar (Art. 209), this did not prevent the levy of these special judg- ment taxes for the limitation was found to have no effect upon the pre-existing rights of bondholders to the levy of a tax for their bene- fit if necessary. 249 X." New Orleans Studies solution.” Pursuant to the instruction of the convention, the legislature of 1880 attempted a solution of the problem.” Since 1852 the Commissioners of the Consolidated Debt had exercised general control over the bonded debt of the city while certain functions of debt administration were performed by the fiscal agent of the city.” By Act No. 133 of 1880 the legislature created a syndicate of six members, who, along with the Commissioners of the Consolidated Debt (or the mayor, treasurer, and comptroller of the new government to be formed in 1882) serving ex officio, were constituted a “Board of Liquidation of the City Debt” and invested with “exclusive control and direction of all matters relating to the bonded debt of the city of New Orleans.” The original members of the syndicate were appointed two by the governor of the state, two by the lieutenant gover- nor, and two by the speaker of the house of representa- tives. The members so appointed held office for life and were authorized to fill all vacancies in their number. “The object of this legislative creation,” according to Mr. Phillips, “was to have a body of representative business men and financiers who should design and carry out a sound financial policy by which the entire bonded indebtedness of the city should be cared for in a manner absolutely free from poli- tical considerations or influences, the purpose in view being the reestablishment of the city’s credit . . . .” In * Article 254 of the Constitution of 1879 provided in part as follows: “The General Assembly, at its next session after the adoption of this Constitution, shall enact such legislation as may be proper to liquidate the indebtedness of the City of New Orleans, and apply its assets to the satisfaction thereof. It shall have authority to cancel the charter of said city and remit its inhabitants to another form of government if necessary.” ** Acts No. 74 and 133 of 1880. * With the establishment of the “administrative system” for the government of New Orleans by Act No. 7 of 1870, the composition of the board, which had originally been the mayor, comptroller, treasurer, and the chairmen of the finance committees of the Boards of Aldermen and Assistant Aldermen, was changed to consist of the mayor, administrator of the department of finance, and administra- tor of the department of public accounts. ** Since Chapters 4 and 5 of this study are devoted to a considera- tion of this board, its organization and powers are not discussed at any great length at this point. * Phillips, op. cit., p. 604. The old “Commissioners of the Con- solidated Debt” consisted entirely of city officials serving ex officio. The idea of the establishment of the Board of Liquidation seems to have originated with Mayor I. W. Patton and was commented favor- ably upon by Governor Wiltz in his initial message to the 1880 session of the legislature. Kendall, op. cit., p. 416. 250 Municipal Bond Administration Vol. IV 1861–1898 App. ii accordance with this purpose, the syndicate members ap- pointed to the Board of Liquidation at its origin were all prominent business men, bankers, and financiers of the city.90 For refunding and liquidating the existing bonded and judgment debts of New Orleans, except the Premium Bonds, the city was authorized to issue, through the Board of Liquidation, bonds to the extent of $10,000,000 which were to run for fifty years at 4% interest. The board was authorized to sell or issue these bonds in exchange for any outstanding bonds, except Premium Bonds, and in settle- ment of judgments against the city; provided, however, that they might not be sold at less than 80% of their par value nor exchanged for outstanding bonds at a rate of more than 50% of the value of the outstanding bonds. It was further provided that the city officials should turn over to the board all the property of the city not dedicated to public use, which property the board was authorized to sell and apply the proceeds to the retirement of bonds of the city. The legislature also provided for funding by the city of its floating debt into fractional denomination bonds.” This scheme for refunding the debt of the city' did not prove successful. The specification that no more than 50 cents on the dollar could be given on the old bonds of the city in exchange for the new refunding bonds together with the low interest rate which was offered (4%—many of the old bonds were drawing 6% and 7%) and the ease with which special judgment taxes for both interest and prin- cipal of old bonds might be secured, served to defeat the scheme. The bonds authorized were not issued.” The failure of this refunding scheme was somewhat mitigated in 1884 by increasing the interest rate from 4% to 5% and removing the requirement that outstanding bonds be received in exchange at half their value.” A more successful attempt at easing the pressure of the debt was made in 1882.* The city, through the Board of Liquidation, was authorized to extend any of the out- standing bonds of the city, including those “merged into * Phillips, op. cit., p. 604. * Act No. 74 of 1880. * Kendall, loc. cit. See also U. S. ea; rel. Siegel v. Board of Liqui- dation, 73 F. 769, 771 (1896). ** Act No. 67 of 1884. ** Acts No. 58 and 68 of 1882. 251 ...'" New Orleans Studies judgments,” other than Premium Bonds, for a term of forty years at a rate of interest not exceeding 6%, provided, however, that the city would have the right to call in such extended bonds after 1895. For the payment of interest on these extended bonds a special tax up to 5 mills was author- ized. Some measure of relief was given to the city by the exercise of this power by the board until 1890.” At the same time this new plan for assuaging the pressure of the debt on the city was authorized, the entire governmental structure was changed. The “federal” system of government had been abandoned in 1870,5° and in its place there had been established the “administrative sys- tem.” Under the terms of this plan the city officials con- sisted of a mayor and seven “administrators”—the ad- ministrators of finance, commerce, improvements, assess- ments, police, public accounts, and water works and pub- lic buildings. These officers were elected at large for terms of two years with four administrators being elected one year and the mayor and the other three administrators being elected the next. In addition to acting in a body as the council of the city, each of the administrators was adminis- trative head of one of the departments of the city. After twelve years this system was abandoned in 1882 for a new simple mayor-council form of city government.” A thirty- member council formed the legislative body of this new government, with the individual members popularly elected from representative districts; and the executive power was vested in the mayor, treasurer, comptroller, and commis- sioner of police and public buildings, all of whom were elected at large for terms of four years. Working persistently on the basis of the various authorizations discussed above throughout the eighties the Board of Liquidation attempted to consolidate and extend the maturity of the bonded debts of the city and to decrease the interest rates required to be paid on borrowed funds. In 1890, the city, through the leadership of the Board of Liquidation, proceeded upon the last great refunding opera- tion necessary to make its bonded debt manageable. Act No. 110 of 1890, adopted as an amendment to the Constitu- * The Board of Liquidation was ordered to cease extending bonds under this act by Act No. 110 of 1890, sec. 17. ** Act No. 7 of 1870. ** Act No. 20 of 1882. 252 Municipal Bond Administration Vol. IV 1861-1898 App. 11 tion of 1879, authorized New Orleans to issue, through the Board of Liquidation, $10,000,000 of 4% “Constitutional Bonds of the City of New Orleans,” to be dated July 1, 1892, payable fifty years after date, for the retirement of the outstanding bonds of the city, except Premium Bonds. Through the exchange and sale of these bonds the Board of Liquidation was able to consolidate much of the debt of the city and to remove from the market bonds bearing higher rates of interest.” The principal and interest on the Constitutional Bonds were guaranteed by a constitu- tional requirement that the city levy annually a tax of 1% during the term of the bonds.” For the first time since the beginning of the Civil War 4% bonds of the city (the Constitutional Bonds) sold at par.” * For example, in 1895 when the bonds extended under the terms of Act No. 58 of 1882 bearing 6% interest became subject to call, the board sold $4,503,000 of the 4%. Constitutional Bonds and retired a like amount of these extended bonds. A few years later Constitu- tional Bonds were sold to redeem certain bonds and certificates of indebtedness—all bearing 6% interest. Final sales of the Constitu- tional Bonds were made at from 105.01 to 107.25, the price afterwards going as high as $110. Phillips, op. cit., p. 604. * The Premium Bond plan was also conducted out of the tax. The constitutional amendment even went so far as to set up the procedure for requiring the levy of the tax; section 7 of the act pro- vides in part as follows: “In case the said city, at any time, shall fail or neglect to levy and collect said special tax, or in case the municipal government of the city should be abolished, or in case present territory of the city of New Orleans should be transferred to other municipal corporations, and no proper and efficient provision is made by law to compel those municipal governments to levy and collect said special annual tax of one per cent; or, in case said municipal corporations refuse or neglect to exercise to this end a proper and efficient taxing power bestowed upon them, then, in any of these events, the said Board of Liquidation shall itself, by proper resolution, have power to levy said tax, and to collect the same; and, in said levy and collec- tions, to use any and all the machinery, rights, powers and authority established by the State for the levy and collection of the State taxes; and in case it should become necessary under the above mentioned or similar circumstances, for the said Board of Liquidation to levy and collect said tax, and said board should refuse or neglect to do so, any court of competent jurisdiction, shall, on application of any bondholder, have power to decree the levy of said special tax through- out the said territory, and to have the same collected by the sheriff, or executive officer of the court, and the proceeds applied to the pay- ment of the interest and principal of said bonds. In case any such decree is entered, the sheriff or executive officer of the court, shall have all the powers, rights and authority granted by law by the State to her own tax collectors.” Section 16 of the act provided that “all the substantial provisions of this act are hereby declared to be a contract between the State of Louisiana, the city of New Orleans, the tax payers of said city and each and every holder of said Consti- tutional bonds,” thus expressly making the above recited provisions #.",".. contract between the city and the bondholders. See Chap- ter OW. * Phillips, op. cit., p. 606. 253 X;Y New Orleans Studies The new city charter of 1896, which reduced the num- ber of members of the city council to seventeen, elected by ward and municipal district, and reduced the elective executive officers to three—the mayor, comptroller, and treasurer, made no change in the financial arrangements of the city. Pursuant to constitutional authorization,” the city in 1898 issued $233,000 4% “Floating Debt Bonds of the City of New Orleans” having fifty years to run for the purpose of taking up certain floating debts of the city. The city government was supposed to turn over to the board for the service and retirement of these bonds certain back taxes for the years 1879 to 1895; these funds, however, never became available and so the bonds were supported only by the good faith of the city. Nevertheless, the Board of Liquidation continued to pay the interest on these bonds out of the proceeds received by it from interest on its bank deposits.” With the issuance of these bonds there was no need for further financing of the debt. Thus, as the end of the nineteenth century approached, New Orleans was again entering a period of good credit standing after having experienced a long period of turbu- lence during which the city several times bordered upon bankruptcy. The control of the bonded debt of the city was securely placed in the hands of a board established in the constitution of the state as the sole custodian of the pro- ceeds of a 1% debt tax.” This group was dominated, be- cause of the provisions for filling vacancies, by a group of prominent business men who held secure positions free from the political authority of the city. Since the ratification of Act No. 110 of 1890 by a constitutional amendmentº the * Constitution of 1898, Article 313. * Ibid. Finally, in 1939, these bonds were retired out of the pro- ceeds received from this source. See Times-Picaywne, March 29, 1939, 1. * The Board of Liquidation was “created a body corporate” by Act 110 of 1890, sec. 11, which was ratified by an amendment to the Constitution of 1879. This act was also recognized as a part of the Constitutions of 1898, 1913, and 1921. * The constitutional amendment was proposed by Joint Resolu- tion No. 110 of 1890. The immediate reason why Act No. 110 of 1890 was ratified by a constitutional amendment was that many of its rovisions were in conflict with the iimitations which had been placed in the constitution against both the legislature and city council. Board of Liquidation of the City Debt v. Lowisiana, 179 U. S. 622, 21 S. Ct. 347, 349 (1900). 254 Municipal Bond Administration 1861–1898 X.' power of New Orleans to issue bonds and the administration of its bonded debts have remained matters of constitutional concern, all major legislation concerned therewith having been made a part of the constitution of the state.” -* * Of the Constitution of 1921, Article XIV, Sections 28, 28.1, 23.2, 24, 24.2–24.22, 26, 27, 28, 31.1, 31.3, and 31.4, are concerned with the power of New Orleans to issue bonds and related matters. 255 Chapter Three RECENT DEVELOPMENTS_1899–1950 The year 1899 marked the beginning of a new era in the exercise of the function of long-term borrowing by New Orleans. While the issuance of bonds during the preceding thirty-eight years had been principally for the purpose of refunding the existing bonded debt of the city and funding the floating debt created, for the most part, by extravagance and mismanagement of the financial affairs of the city, bonds were issued in the years following 1899 almost en- tirely for the construction, improvement, and extension of the public facilities of the city—the principal purpose for the existence of the power to issue bonds. Favored by a con- tinuously rising property assessment, the city was able to, and did finance these improvements, for the most part, by the capitalization of the excess returns on the 1% debt tax authorized in 18901 and the 2 mill sewer and water tax authorized in 1899.” Also during this period, there was written into the constitution of this state the power of New Orleans to issue bonds without specific author- ization, the manner in which this power could be exercised, and the limitations upon the exercise of the power. As soon as the financial position of the city became sufficiently sound to allow the issuance of bonds for public improvements, the problem of the improvement of sewerage, water, and drainage facilities was considered. Drainage and sanitation of New Orleans have always been made difficult by the peculiar topography of the city. The city is shaped much like a saucer with a large portion of its area below sea level, the high-water mark of the Mississippi River, and the normal level of Lake Pontchartrain. This situation, coupled with the heavy precipitation common to the area, makes drainage of the city a problem of great magnitude, requiring the construction and maintenance of large drain- * Authorized for fifty years from 1892 (until 1942) by Act No. 110 of 1890 and from 1942 to 1950 by Act No. 6 of 1899, E. S. * By Act No. 6 of 1899, E. S. 257 Vol. IV & App. l I New Orleans Studies age canals and extensive pumping facilities.” On the eve of the twentieth century, need for improving the existing system was imperative for the protection of the property and health of inhabitants of the city. Responding to this need, the city council began to formulate plans for the im- provement of the entire system in November of 18984 which culminated eventually in the extensive system—one of the largest in the world—existing at the present time. An amendment to the Constitution of 1898, proposed by Act No. 4 of 1899, E. S., by ratifying Act No. 6 of 1899, E. S., authorized the city to issue $12,000,000 of 4% “Public Improvement Bonds” having fifty years to run from July 1, 1900. This was a capitalization of the portion of the 1% debt tax devolving to the “Public Improvement Fund” and an additional 2 mill “special sewer and water” tax author- ized by vote of the taxpayers of the city to be levied each year until 1942." Until 1942 (the time of the retirement of the Constitutional Bonds), these two sources were dedicated to servicing the Public Improvement Bonds. After 1942 the bonds were to be serviced and retired with the entire pro- ceeds of the 1% debt tax, which the amendment extended to 1950.” These bonds, due largely to the sound basis estab- lished for their service and retirement, sold at a premium of $46.19 per bond of $1,000 denomination.* * This function of the government of the city of New Orleans is of such significance that it forms one of the major expenses of munici- pal government. See George Milton Reynolds, Machine Politics in New Orleans, 1897-1926 (New York: Columbia University Press, 1936), p. 50. * Some steps had been taken in 1895 to provide for a new drainage system for the city. In 1896 the Drainage Commission was established and authorized to issue bonds up to $5,000,000, to be serviced from the surplus of the 1% debt tax; this amount was reduced to $1,500,000 in 1898. Some of the bonds so authorized were issued but were retired out of the first funds received by the Board of Liquidation from the sale of Public Improvement Bonds. This drainage program was merged with the sewerage and water programs and the Drainage Commission was later merged with the Sewerage and Water Board. See Act No. 114 of 1896, Act No. 6 of 1899, E. S., and Board of Liquidation v. Louisiana, 179 U. S. 622, 21 S. Ct. 347 (1900). * This “Public Improvement Fund” consisted of one-half of the surplus remaining of the 1% debt tax proceeds each year after the obligations of the Premium Bonds and Constitutional Bonds had been provided for. The remaining one-half of this surplus was dedicated to the School Board. See Act No. 110 of 1890, sec. 8. - * Act No. 6 of 1899, E. S., sec. 1. * The rights of the holders of Constitutional Bonds in regard to the levy of the 1% debt tax were extended to the holders of the Public Improvement Bonds in regard both to the 2 mill sewer and water tax and the 1% debt tax after 1942 by sec. 6; see Chapter 2 supra. * Phillips, op. cit., p. 608. 258 Municipal Bond Administration Vol. IV 1899-1950 App. ii It became evident by 1906 that the proceeds of this bond issue would not be sufficient to complete the con- templated sewerage, water, and drainage system.” Further- more, the property assessment in New Orleans had increased considerably since 190019 resulting in a corresponding in- crease in the revenues derived from the 1% debt tax. Con- sequently, the residue of the Public Improvement Fund and the proceeds of the 2 mill sewer and water tax remaining after servicing the Public Improvement Bonds was capital- ized by the issuance of $8,000,000 of “New Public Improve- ment Bonds” and the funds so obtained were used for the completion of the system.” The payment of principal and interest of the various bond issues to which the 1% debt tax and the 2 mill sewer and water tax were specially dedicated at this time” were carried out without default. The last of the Premium Bonds were retired in 1925, 18 the last of the New Public Improvement Bonds in 1940,44 the last of the Constitutional Bonds in 1942,” and the last of the Public Improvement Bonds in 1950.16 * Act No. 19 of 1906, title. * Ibid. The assessment valuation of property in New Orleans grew from $139,235,101.99 in 1900 to $204,585,967.00 in 1906. * Act No. 19 of 1906, as amended by Act No. 116 of 1908, both of which were adopted as amendments of the Constitution of 1898. The bonds were to be payable at any time at the option of the city between 1928 and 1942 and were to bear interest at 4%. * In this order: from the 1% debt tax, first, the Premium Bonds and second, the Constitutional Bonds; and from one-half the surplus remaining from the 1% debt tax, combined with the 2 mill sewer and water tax, first, the Public Improvement Bonds and sec- ond, the New Public Improvement Bonds. The proceeds of these two tax levies remaining after the payment of the obligations of the listed bonds were further dedicated to the payment of interest and principal of other bonds of the city under Act No. 4 of 1916, amend- ing the Constitution of 1913 and made a part of the Constitution of 1921 by Article XIV, Section 24; under Act No. 3 of 1927, E. S., amending the Constitution of 1921 (adding Article XIV, Sections 24.2–24.10); and under Act No. 2 of 1930, E. S., amending the Con- stitution of 1921 (adding Article XIV, Sections 24.12–24.22). * Kintzley, loc. cit. * See Semi-Annual Statement, Board of Liquidation, City Debt, for the Siac Months Ending December 31, 1940. * See Semi-Annual Statement, Board of Liquidation, City Debt, for the Siac Months Ending June 30, 1942. * “Plan: to the owners of Public Improvement Bonds of the City of New Orleans . . . Proposed by the City of New Orleans and Board of Liquidation,” June 5, 1942. This plan provided for the retirement of these bonds in lots from 1942 to 1950. The plan was adopted by the bond holders. Interest on the Public Improvement Bonds was reduced from 4% to 2%. This plan was upheld in Rewther v. New Orleans, 201 La. 209, 9 So.. (2d) 523 (1942). 259 ...'" New Orleans Studies Three other small issues of bonds, payable primarily out of the revenues of the city (other than the Public Improve- ment Fund) were authorized by special legislative and con- stitutional enactment during the years 1904 through 1915.” The first of these issues consisted of the Court House Bonds. For the purpose of erecting and equipping (jointly with the state) a new court house (for housing both city and state courts, including the supreme court), the city was author- ized in 1904 to issue up to $750,000, 5% bonds running for a term of fifty years.” These bonds were secured by the requirement that the city pay over annually to the Board of Liquidation $41,000. The Board of Liquidation was de- signated as “agent and trustee” for compelling the city council to make this annual appropriation. At the present time only $127,000 of these bonds remain outstanding.” In 1906 the city was required by constitutional amend- ment” to issue up to $200,000 of “School Teachers Salary Bonds” for paying the back salaries due certain school teachers and portresses for the years 1885, 1886, and 1887. The Board of Liquidation was required to hold out of the one-half of the surplus of the 1% debt tax which devolved to the use of the public schools” an amount each year sufficient to pay the interest on these bonds and provide a payment to a sinking fund for the retirement of the bonds by 1927. The bonds (of which $198,000 were issued) were called and retired, however, on February 1, 1917.” ** The city was also authorized in 1908 to issue bonds for the establishment of the Public Belt Railroad but these bonds were required to be serviced primarily out of the revenue resulting from the operation of the system and not from the general revenues of the city. This bond issue will be discussed later in connection with the power of the city to issue bonds through the Public Belt Railroad Commission for purposes connected with the development and opera- tion of this enterprise. ** Act No. 179 of 1904. * See Exhibit I. Funds remaining of the yearly $41,000 payment after interest are required to be used to retire the bonds in reverse order of issue. As an economy move the Board of Liquidation con- sidered the refunding of these bonds (which they were authorized to do under Act No. 4 of 1916, sec. 6) at a lower rate of interest in March of 1939, but no such action was taken probably due to the opposition of Mayor Maestri who feared the move might impair the credit of the city—because some of the holders might consider this act “an act of bad faith.” See Times-Picayune, March 29, 1939, p. 1. * Act No. 2 of 1906 amending the Constitution of 1898. * See Note 5 supra. * Act No. 4 of 1916, sec. 2, required that these bonds be immedi- ately retired out of the $9,000,000 of “Serial Gold Bonds” authorized by Section 1 of that act. 260 Municipal Bond Administration Vol. IV 1899-1950 App. ii The last of these small issues was for $100,000 (all of which were issued), the “Audubon Park Bonds,” authorized in 1914 for the purpose of beautifying Audubon Park.” The manner of paying interest and principal of these bonds was similar to that of the Court House Bonds require- ments.” These bonds were called and completely retired in 1939.25 After the complete denial of the power of New Orleans to incur debt and to issue bonds by constitutional amend- ment in 1874” up to 1916, the city was given no general power to issue bonds of its own accord.” Instead, each particular bond issue was authorized either by legislative act or constitutional amendment.” This situation was paralleled in the organization of the government of New Orleans during this period in several of the municipal func- tions. During Reconstruction there had been an increasing interference of the state in the affairs of New Orleans. Many of the functions of municipal government in New Orleans, and, to an extent, in other cities, were controlled by the state administration.” With the return toward normalcy around the turn of the century there arose a sentiment throughout the state for the return of local self-government. This sen- * Act No. 191 of 1914. The bonds were to run for forty years at 5% interest, and were dated January 1, 1915. * The city was required to pay over to the Board of Liquidation $20,000 each year to be used for the payment of interest on and the gradual retirement of the principal of the bonds. * See Semi-Annual Statement, Board of Liquidation, City Debt, for the Siac Months Ending December 31, 1939. The bonds were retired out of the proceeds received by the Board of Liquidation from interest upon its deposits in fiscal agency banks. See the Times-Picayune, March 29, 1939, p. 1. * Act No. 22 of 1874 amending the Constitution of 1868 by adding Article 163. * Municipal corporations and other local subdivisions, eaccept New Orleans, were given authority by the Constitutions of 1898 and 1913 (Articles 281 and 281, $1, respectively) to issue bonds on their own initiative by securing approval by the local taxpayers; provided that the total issue of bonds by any one subdivision might not exceed 10% of the assessed valuation of property in the subdivision. These bonds were to be paid, principal and interest, by the levy of a yearly tax sufficient to meet the obligations. By Act No. 74 of 1880 the city was allowed to issue small denomination bonds to fund its floating in- debtedness running for ten years from 1880 but this act was super- seded and partially repealed by Act No. 133 of 1880. * There seems to have been no legal reason why many of these authorizations were submitted as constitutional amendments, at least in so far as the power of the legislature by simple legislative act to authorize the city to issue bonds was concerned. * See Walker, op. cit., pp. 100-104. 261 ...'. New Orleans Studies timent was represented in New Orleans through the Choctaw Club (the “Old Regulars”) political machine which was interested in gaining control of the various strands of municipal government.89 The effect of this sentiment was a tendency toward returning local self-government which continued steadily throughout the first two decades of the twentieth century.** Certain of the functions of municipal government in New Orleans which had been alienated to the state were returned with the new city charter of 1912.** This charter established the commission form of government which re- mained in use until 1948.3% The charter did not, however, return to the city the general power to borrow money and issue bonds. The effect of this was sorely felt during the next four years due to the depressed economic conditions of the period resulting in the increase of the floating debt to over $1,250,000 which could not be funded into bonds without specific legislative authority” and to the helpless and em- barrassing condition the city found itself in after the storm of 1915, having no authority to finance the immediate and pressing needs for repairing damaged public buildings.” Consequently, one of the first acts passed in the legislative session of 1916, Act No. 4 (proposing an amendment to the Constitution of 1913), assuaged the immediate pressure upon the city caused by the floating debt by authorizing its * See Reynolds, op. cit., pp. 58-60. * The platforms of the successful political factions in 1912 and 1916 contained “local self-government planks” which were carried out. See the inaugural speech of Governor L. E. Hall, Howse Journal, 1916, pp. 19-20. ** Act No. 159 of 1912. The charter was submitted to the people of the municipality for their approval at a special election. * The legislative and administrative power under the 1912 charter was vested in the Commission Council, consisting of a mayor and four commissioners, all elected from throughout the city for four year terms. The city government was divided into five depart- ments—(1) Department of Public Affairs; (2) Department of Public Finance; (3) Department of Public Utilities; (4) Department of Public Safety; and (5) Department of Public Property—with the mayor acting as commissioner of public affairs and each of the remaining commissioners acting as commissioner of one of the other departments according to the determination made by a majority of the members elected to the Commission Council. Changes were made in this structure by Act 234 of 1948. * See the inaugural speech of Governor L. E. Haii, House Jowrmal, 1916, p. 20, and Act No. 4 of 1916, sec. 2(d). * Phillips, op. cit., p. 610. 262 Municipal Bond Administration vol. IV 1899-1950 App. ii refunding, and, more important, authorized the city of New Orleans to borrow money and issue bonds in the future.” This amendment describes three ways in which the city may issue its bonds according to the purpose for which the funds are to be used. In addition, it prescribes the manner in which the city may issue paving certificates for the pur- pose of capitalizing the assessments made against property owners for the purpose of street paving. It further proceeds to specify that these procedures shall be the exclusive ways and conditions through which and under which the city may issue bonds by stating in Section 12 that “except as other- wise provided in this amendment, the City of New Orleans shall not borrow money, issue bonds, notes or other evid- ences of indebtedness or pledge its credit or anticipate the collection of any of its taxes.” The effect of this prohibition against both local and legislative action in Supplementing the powers of New Orleans to issue its bonds seems to have been to require that all subsequent legislation on this subject matter be in the form of constitutional amendments. Although there have been additions and supplements to the power of New Orleans to issue bonds, they are all a part of the state constitution. At the present time these powers of New Orleans come from three general sources; namely, (1) Act No. 4 of 1916, recognized by Article XIV, Section 24, as it has been changed by amendments made directly to the Constitution of 1921; (2) Act No. 3 of 1927, E. S. (which form Article XIV, Sections 24.2-24.11); and (3) several sections of and amendments to the constitution which form Article XIV, Sections 26, 27, 28, 31.3 and 31.4.” * The principal reasons why this act was made a part of the state constitution are probably three in number, to wit: (1) as the provision of the existing constitution (Constitution of 1913, Article 281, §1) giving other municipalities similar power wmder similar limi- tations specifically excepted New Orleans from its terms, more than simple legislation was deemed necessary to overcome this constitutional exception; (2) the “Old Regulars” political machine which was in control of the city was interested in preventing legislative change or interference and so pressed to have this placed in the constitution, just as this group made it a policy to do in regard to much of the legislation concerning New Orleans from the time it went into power until its defeat (about 1897-1930) (see Reynolds, op. cit., p. 64); and (3) the feeling that the bonds issued under constitutional authority were better secured than they would be otherwise and would, there- fore, be more highly regarded on the market. * Article XIV, Section 31.1, added by an amendment proposed by Act No. 148 of 1932, authorizing the issuance of revenue bonds for establishing a public ferry system was not included as these bonds have never been issued. 263 ...'. New Orleans Studies The first of these concerns the powers mentioned at the beginning of this paragraph and has to do with the powers of New Orleans to issue bonds for general purposes, for emergency purposes, for refunding purposes, and for paving purposes. The second concerns the power of the city to borrow money for the purpose of constructing and extending the sewerage, water, and drainage system of the city. The third concerns several general and special authorizations to the city to issue bonds upon the pledge of revenues of revenue-producing utilities. As the history of the bonded debt of the city from 1916 to the present has developed along these three sources of authority and as the power of New Orleans to issue its bonds today and in the future is based upon these various authorizations, each will be de- veloped individually in the following pages of this chapter. GENERAL MUNICIPAL, EMERGENCY, AND REFUNDING BONDS The city is, by Act No. 4 of 1916, given three different general authorizations to issue its bonds and an authoriza- tion to issue paving certificates. The first general authoriza- tion (Section 4) empowers New Orleans to issue and nego- tiate bonds for general municipal purposes” when author- ized by a vote of a majority in number and amount of the qualified property taxpayers who vote at a special elec- tion on the question. This election must be called by an ordinance adopted by a vote of two-thirds of all the members of the Commission Council, and by a vote of three-fourths of all the members of the Board of Liquidation, City Debt.89 * Act No. 4 of 1916 does not specify for what specific purposes bonds may be issued under this procedure. It is possible (though the question has not been judicially decided) that the purposes for which New Orleans may issue bonds under this authorization are limited to those specified in Article XIV, Section 14(b), the constitutional provision setting out the specific purposes for which municipalities generally may issue their bonds. These purposes are (1) for opening, constructing, paving, and improving streets, roads, and alleys; (2) for constructing bridges; (3) for purchasing or constructing water- works, sewerage, drainage, lighting and power plants, artificial ice and refrigeration plants, public parks, school houses, teachers’ homes, and other public buildings and other works of public improvement, together with all necessary equipment and furnishings therefor, title to which is to be in the public; (4) for reclaiming, preserving, or improving lands owned by the municipality and fronting on a naviga- #: stream; and (5) for such other purposes authorized by the legis- ature. * Due notice of the election must be published for thirty days in the official journal of the city (four weekly insertions constituting a publication for thirty days, provided thirty days intervene between the date of the first insertion and the date of the election). 264 Municipal Bond Administration Vol. IV 1899-1950 App. l I The purposes and maximum amount of the bond issue must be stated in the proposition submitted to the taxpayers. Under this authorization $36,750,000 of bonds have been authorized.40 The second general authorization contained in the act (Section 5) was designed to fit the need illustrated by the emergency of 1915.” In case of fire, flood, pestilence, storm or other public calamity, the city is authorized, by a two- thirds vote of all of the members of the Commission Council, concurred in by a three-fourths vote of all the members of the Board of Liquidation, City Debt, to borrow money and issue and negotiate bonds in such sum, not exceeding $500,000, as may be necessary in any one such emergency. The emergency purposes for which these bonds may be issued were extended in 1930 to include “riot or emergency expenditures for preservation of law and order.” No emergency has yet occasioned the exercise of this authority. With the view of allowing the city to reduce its interest rates where opportunity is presented, the third general authorization (Section 6) authorizes the city, acting through the Board of Liquidation, to refund from time to time all or any part of the bonded indebtedness of the city existing at the time of the adoption of the amendment (November 7, 1916). This grant of power, which apparently has not been exercised, is no longer of any great importance for the only bonds now falling within its terms are the Court House Bonds amounting at the present time to only $127,000. Upon the retirement of these bonds in 1955, this refunding authority will become completely obsolete.* While all previous bond issues of the city were sup- ported by limited taxes only, the amendment provides that * See Exhibit II for the essential data on the bonds issued under Act No. 4 of 1916. The data contained in this listing was secured from various sources, among the most helpful of which were Smith and Rives, Louisiana Municipal Bond Service, Inc., Compilation of Lowisiana State and Municipal Bonds (1949) (New Orleans, 1949) and Swpplement (1953); Semi-Annual Statements of the Board of Liquidation, City Debt; and Horace P. Phillips, “History of the Bonded Debt of the City of New Orleans, 1822–1933” (a private publication, 1933), passim. ** Phillips, loc. cit. See text of this study immediately preceding Note 36 supra. ** Act No. 2 of 1930, sec. 11, amending Article XIV of the Consti- tution of 1921 by adding Section 24.22. * The city, however, may have authority to refund its bonds by reason of Article XIV, Section 14 (g) and (h), as amended by Act No. 85 of 1934, sec. 1, which is the authorization to cities generally to refund their debts. The question has not been judicially determined. 265 ...' New Orleans Studies the principal and interest on these bonds are “full faith and credit” obligations of the city, and though payable primarily out of the 1% debt tax until 1950, they are further secured by the obligation of the city to levy and raise by taxation on the property located in the city an amount sufficient to meet the obligations of the bonds—i.e., unlimited taxation to assure the payment of interest and principal.” As indicated above, the primary source of funds for the payment of interest and principal of bonds issued under this amendment until 1950 was the 1% debt tax.” If, however, this source proved insufficient in any year, the city was required to levy a tax sufficient to make up the deficiency. Since the expiration of the authorization for the 1% debt tax levy in 1950,” the interest and principal of these bonds have been provided for by the levy of a tax each year sufficient to meet the current obligations.47 Collection of all the taxes so dedicated the amendment authorized to be enforced for the bondholders through the collection of ** Act No. 4 of 1916, sec. 7. * In order to clarify the source of these proceeds the following resume is given of the dedications made of the 1% debt tax at this time, including those of Act No. 4 of 1916. Directly out of the pro- ceeds of the 1% debt tax the following obligations had to be met in the order named: (1) the obligations arising under the Premium Bond plan and (2) the obligations connected with the Constitutional Bonds. The surplus remaining after meeting these obligations was divided into two parts, each equal to one-half. One-half of this surplus with the addition of the proceeds of the 2 mill tax, was known as the Public Improvement Fund and was dedicated to the payment of (1) interest on the Public Improvement Bonds, and then, (2) interest and principal of the New Public Improvement Bonds; any residue remaining after meeting these obligations was paid out for purposes of constructing and extending the sewerage, water, and drainage system upon warrant of the Sewerage and Water Board. The other one-half of the surplus, which previous to 1916 had been dedicated to public school purposes, was dedicated by Act No. 4 of 1916 to the service and retirement of the bonds issued under this act; any residue remaining after meeting these obligations was paid over to the city for general municipal purposes. The administration of all these debts was handled by the Board of Liquidation. See Exhibit VI for a chart of these dedications. ** By constitutional provision the proceeds of the 1% debt tax were dedicated primarily to retiring the Public Improvement Bonds after 1942, after which time the bonds issued under Act No. 4 of 1916 (and Act No. 3 of 1927) were to be serviced out of a special tax levied for this purpose. But, by the adoption of a plan for retiring the Public Improvement Bonds over the period of 1942 to 1950 the pro- ceeds of the 1% debt tax were sufficient to meet all debt obligations of the city. This plan was upheld in Rewther v. New Orleans, 201 La. 209, 9 So.. (2d) 523 (1942). * Act No. 4 of 1916, sec. 7. Notice that bonds authorized and issued after 1942 (expiration of the authorization of the 1% debt tax by Act No. 110 of 1890) are based upon direct and unlimited taxation of property; but, see preceding note. 266 Municipal Bond Administration Vol. IV 1899-1950 App. ii the same, if necessary, by the Board of Liquidation—i.e., in the same manner in which the collection of the 1% debt tax was assured.* Although the city of New Orleans, through its agencies of government, is thus given considerable local power in regard to the incurrence of indebtedness, limitations are not wholly lacking. The total issue of bonds by the city for all purposes outstanding at any time may not exceed 10% of the assessed valuation of the taxable property in the city.” However, in the computation of this limitation certain bonds of the city are excluded:*9 namely, (1) “the bonds issued for water, sewerage, and dra in a ge purposes” (“namely,” the Public Improvement Bonds, the New Public Improvement Bonds, and “such bonds, hereby and hereafter authorized, into which the aforesaid bonds or any part thereof may be refunded”),” (2) any bonds authorized for Public Belt Railroad purposes, (3) any bonds issued for “water supply or for the acquisition or construction of any revenue-producing utility,” and (4) paving certificates primarily chargeable against special assessments for street paving. Emergency bonds may be issued (under the power described above) even though this limitation may have been reached.” This debt limitation has the advantage of having been stated in terms of a percentage of the assessed value of property—a flexible limitation which is closely associated with the means for repaying the debt.” * Ibid., sec. 14. * Ibid., sec. 13. * Ibid., sec. 13. * All of these bonds have been retired. However, the National Industrial Conference Board, Inc., in its report included in A Fiscal and Administrative Survey of the City of New Orleans, Swbmitted to the Commission Council of the City of New Orleans by the New Orleans Taac Revision Commission, December 5, 1933, treats the bonds issued under Act No. 3 of 1927, E. S., for sewerage and water pur- poses, as to be eaccluded in computing this 10% limitation, but, in view of the material in the text above included in quotation marks, which seems to indicate that the exclusions apply only as to bonds then eacisting (those listed) which had been issued for sewerage, water and drainage purposes, this position is questionable. In fact, the position would seem untenable in view of Act No. 3 of 1927, E. S., sec. 3 (Article XIV, Section 24.4 of the Constitution of 1921), which specifically provides that “all bonds issued under this amendment shall be included in the limitation of outstanding bonds of the City of New Orleans for all purposes as prescribed by Section 13 of Act No. 4 of the Legislature of Louisiana for the year 1916.” * Act No. 4 of 1916, sec. 13. * Fiscal and Administrative Swrvey, p. 42. 267 X. Y New Orleans Studies PAVING CERTIFICATES For the purpose of capitalizing the assessments made against property owners for street paving purposes, Section 12 of Act No. 4 of 1916 authorizes the city to issue, pursuant to legislative authority, “paving certificates” in an amount not exceeding the special assessments against which they are issued.* These certificates are chargeable primarily against the special assessments in respect of which they are issued, and secondarily against the revenues of the city of New Orleans derived from taxation for general municipal purposes and other sources; but the revenues of the city may be applied in payment of paving certificates only to the extent that the special assessments upon which they are based are insufficient, and when municipal revenues must be so used reimbursement must be made to the general funds of the city when the assessments have been collected. The provisions of this authorization have remained sub- stantially the same throughout a series of constitutional amendments, except for the increase from $5,000,000 to $15,000,000 of the maximum amount of paving certificates which may be outstanding at any one time without a special majority vote of the council.” The legislative enactments carrying into effect this constitutional grant of authority from Sections 47 and 471/3 of Act No. 159 of 1912, as amended.” Paving certificates, which are issued under Article 47 may not bear interest exceeding 6% and must be retired serially according to the dates various installments on the assessments upon which the certificates are based become due. Although paving certificates have been issued at various times under this authority, there were none out- standing on June 30, 1953.” ** The city exercised similar power sporadically during its earlier history. At the time of Act No. 4 of 1916 the city exercised similar power under Act No. 23 of 1914. * This constitutional authorization with its limitations originally was Act No. 4 of 1916, sec. 12, when it was adopted as an amendment to the Constitution of 1913. After the act of 1916 was made a part of the Constitution of 1921, by Article XIV, Section 24, this section of the constitution was amended four times and three of these amend- ments concerned this power of the city, and were, in fact, amendments to Act No. 4 of 1916, sec. 12. These amendments were Acts No. 178 of 1924, 205 of 1928, and 340 of 1936. * See Article VII, Section 7–102 of the Home Rule Charter adopted pursuant to Section 22 of Article XIV of the Louisiana Constitution of 1921, as amended by Act 551 of 1950. ** Smith and Rives, Louisiana Municipal Bond Service, Inc., A Supplement to the Compilation of Louisiana State and Municipal 268 Municipal Bond Administration Vol. IV 1899-1950 App. ii SEWERAGE, WATER, AND DRAINAGE BONDS In 1927 the powers given the city by Act No. 4 of 1916 were supplemented and, to an extent, limited by a further constitutional amendment proposed by Act No. 3 of 1927, E. S.* The city is authorized by this amendment (Section 2) to issue bonds for the purpose of constructing and ex- tending the sewerage, water and drainage system of the city in the same manner as that provided for the authoriza- tion of bonds for general municipal purposes under Act No. 4 of 1916, Section 4; but an additional requirement was added—that the issuance must be requested by the Sewerage and Water Board of the city through a resolution approved by a three-fourths vote of all the members of the board. This gave to the Sewerage and Water Board, which was established in 1899 for the extension and administration of the sewerage, water, and drainage system of the city, a definite part in the issuance of bonds for the development of the city function with which it is concerned. All of the aspects concerning the determination of details of the various issues of these bonds and their administration are identical with those of Act No. 4 of 1916. Six series of bonds have been authorized and issued under Act No. 3 of 1927, E.S., totaling in amount $17,300,000.59 For the service and retirement of bonds issued under this authority, the amendment dedicated a portion of the 1% debt tax.99 However, these bonds, too, are “full faith and credit” obligations of the city and unlimited property taxation is authorized for their service and retirement.01 Since the expiration of the levy of the 1% debt tax in 1950, the servicing of these bonds, like those authorized Bonds, 1949 (New Orleans: Smith and Rives, Louisiana Municipal Bond Service, Inc., June 1, 1953). * Adding Article XIV, Sections 24.2–24.11, to the Constitution of 1921. * See Exhibit III for the essential data on these issues. * Act No. 3 of 1927, sec. 3 (Article XIV, Section 24.4). The por- tion dedicated to the payment of obligations on these bonds was an amount equal to the residue remaining of the Public Improvement Fund and the proceeds of the 2 mill sewer and water tax after providing for the obligations under the Public Improvement Bonds and the New Public Improvement Bonds; this dedication, however, was secondary to the dedication to the bonds issued under Act No. 4 of 1916 and was taken from the surplus remaining after meeting these obligations. * Ibid. 269 ...'" New Orleans Studies under Act No. 4 of 1916, is provided for through the an- nual levy of a tax sufficient to fulfill current obligations.” A special limitation was placed upon the total debt which may be incurred under the authorizations of this amendment.* Although these obligations are included in computing the ten percent debt limitation established by Act No. 4 of 1916, it is further provided that the bonds issued under this authority along with the Public Improve- ment Bonds and the New Public Improvement Bonds, both now retired, may never be outstanding in an amount exceed- ing five percent of the assessed valuation of property in the city.94 Other than in the points here indicated, the issuance and service of bonds under Act No. 3 of 1927, E. S., do not differ from the issuance and service of bonds under Act No. 4 of 1916. The proceeds of the 1% debt tax and the 2 mill sewer and water tax were more than sufficient to meet the de- mands of all of the above discussed obligations of the city to which these levies were dedicated. The dedication of the 2 mill sewer and water tax expired in 1942, but the 1% debt tax continued to be sufficient to fulfill all obligations without further taxation for debt purposes until its expira- tion in 1950.86 In 1950 the Public Improvement Bonds were completely retired and the authorization for the 1% debt tax expired. Since 1950 the annual debt levy has been and from now on will be determined by the extent of the obliga- tions which must be met under Acts No. 4 of 1916 and 3 of 1927, E. S. Since 1950 a levy of 7 mills has been adequate.” Undoubtedly the prompt payment of the debt obliga- tions of the city since the establishment of the constitutional (and contractual) guarantees of tax levies sufficient to meet ** Ibid. * Ibid., sec. 2 (Article XIV, Section 24.3). * Some question was occasioned by the insertion of the words “assessment for city tawation” (emphasis added) due to the fact that the city taxes property for municipal purposes at 85% of the assess- ment value placed thereon by the state. On the question as to whether the basis of this limitation is 100% of the state assessment or 85% of this assessment, the supreme court of the state has decided that the valid basis is 100% of the state assessment—drawing a distinction between “assessment” and “collection of a tax upon a percentage of that assessment.” State e2; rel. Walmsley v. Board of Liquidation, City Debt, 171 La. 110, 129 So. 724 (1930). * See Notes 16 and 46 supra. ** Smith and Rives, op. cit., p. 18. 270 Municipal Bond Administration Vol. IV 1899-1950 App. ii them has been one of the factors which have resulted in a tendency toward decreased interest rates upon borrowed funds. Effective interest rates upon the early issues under the two general authorizing acts discussed above were somewhat less than 4% 9%. During the period of the great depression when the bond market was in a depressed con- dition” the effective interest rates upon bonds issued in- creased considerably. However, effective rates upon subse- quent issues decreased.” PUBLIC BELT SYSTEM BONDS Although the constitutional provisions described above constitute the only general authorizations of the city of New Orleans to issue bonds which have been developed and exercised since the twentieth century began, the city has also been given special authority to issue revenue bonds by specific authorization of particular bond issues for purposes connected with the development of various public utilities and projects. The most important of these authorizations provide for the development of the Public Belt Railroad system. By 1900, the rapid industrialization of the city and port of New Orleans made it evident that steps would have to be taken to organize a railroad terminal system within the city, particularly in the port area, in order to expedite the transfer of goods of railroads, water craft, and industries, and consequently steps were taken at this time toward the establishment of the Public Belt Railroad system.” In 1904, the Public Belt Railroad Commission was organized and charged with the duties of establishing, developing, and operating the system.” The commission consists of the mayor acting as ex officio president and sixteen citizen taxpayer members appointed for staggered sixteen year terms from various commercial associations of the city and * Fiscal and Administrative Survey, p. 47, see Harold Zink, º §ſ Cities in the United States (New York: Macmillan, 1939), p. 610. * The issues of 1948 averaged, roughly speaking, 2% 96. See Fiscal and Administrative Swrvey, p. 47 and Semi-Annwal Statement of the Board of Liquidation, City Debt. * New Orleans City Ordinance No. 147, N.C.S. * New Orleans City Ordinance No. 2683, N.C.S. 271 X." New Orleans Studies from various districts of the city.” The establishment of this commission began the development of the Public Belt Railroad system—an extensive system of railroad facilities owned and operated by the city (through the commission) for handling all railroad freight traffic in the city and port. The Constitution of 1921.74 made it a duty of New Orleans to continue the operation of the belt system and vested the exclusive control, operation, management, and development of the system in the commission. The authority of the commission was extended in 1928 to the construction and operation of a railway and highway bridge across the Mississippi River,” and, in 1938, to the construction and operation of a union railroad passenger station in the city.” The construction of these various facilities has been financed through municipal bond issues authorized by con- stitutional amendments.” As was mentioned above, the authorizations to the city to issue bonds for Public Belt system purposes have been for the most part in the form of authorizations for specific bond issues or for specific amounts, parts of which may be issued from time to time.78 Four such authorizations con- stitute the present authority of the city to issue bonds for Public Belt system purposes. The city may issue, upon the recommendation of the Public Belt Railroad Commission, up to $3,500,000 of “New Orleans Public Belt Railroad Bonds.” The $3,500,000 limit is the amount remaining un- * The members are appointed by the mayor from the following organizations and districts: Two members from the New Orleans Association of Commerce. Two members from the New Orleans Cotton Exchange. Two members from the Louisiana Sugar and Rice Exchange. Three members from the New Orleans Board of Trade. Three members at large from the uptown section of the city. Two members at large from the downtown section of the city. Two members appointed by the Public Belt Railroad Commission. New Orleans City Ordinance No. 2683, N.C.S., sec. 1. Also, recognized by the Constitution of 1921, Article XIV, Section 26. ** Article XIV, Section 26. * Act No. 154 of 1928 amending Article XIV, Section 28, of the Constitution of 1921. * Act No. 385 of 1938 adding Article XIV, Section 31.3, to the Constitution of 1921. ** The provisions of the Constitution of 1921 concerning the Pub- lic Belt Railroad Commission (including all amendments) form Sec- tions 26, 27, 28, and 31.3 of Article XIV. ** Pertinent information concerning the various authorizations and bond issues considered in general in the text is condensed in Exhibit IV of the Appendix. 272 Municipal Bond Administration Vol. IV 1899-1950 App. ii issued under the authorization of Article XIV, Section 27 of the Constitution of 1921—for the purposes of “develop- ment, extension, additions, betterments, and construction” of the Public Belt Railroad system.” “To acquire, construct, maintain, and operate” a bridge across the Mississippi River, terminals, depots, water craft, and other railroad facilities, and lands and other things necessary for such construction, maintenance, and operation of the bridge, the city may issue bonds on the recommendation of the Public Belt Railroad Commission not exceeding $14,000,000 in amount—this amount being that authorized for these pur- poses but not yet issued.” These, however, do not constitute all of the continuing power of the city to issue bonds for Public Belt Railroad purposes. The city may issue bonds for refunding Public Belt bonds and other such refunding bonds outstanding at the present time or issued in the future.” A power of greater importance is the power of the city to issue bonds and notes for replenishing the general fund of the Public Belt Railroad Commission.* These bonds and notes cannot, however, be outstanding in an amount more than $900,000 at any time; nor can more than $150,000 and an amount equal to similar obligations retired in the calendar year be issued in any One year. Although the bonds issued under Acts No. 4 of 1916 and 3 of 1927, E. S., are serviced and repaid directly and en- tirely from property taxation, the obligations issued through the Public Belt Railroad Commission stand upon a different footing. The obligations are required to be serviced and repaid primarily from the revenues resulting from the operation of either the system, the bridge, or station, ac- cording to the purposes for which the bonds are issued. The bonds issued for the benefit of the Public Belt system * See the presentation of the pertinent data concerning this authorization in Exhibit IV. * Act No. 154 of 1928 amending Article XIV, Section 28, of the Constitution of 1921. See detailed information which appears in Exhibit IV. As this bridge has been completed, there may be a ques- tion as to whether any action might now be taken under this authori- zation. *Act No. 391 of 1940, amending Article XIV, Section 27, of the Constitution of 1921. See data on this issue which appears in Exhibit IV. ** Act No. 315 of 1944, amending Article XIV, Section 28, of the Constitution of 1921. See data on this power and its exercise in the material which appears in Exhibit IV. 273 ...'" New Orleans Studies are full faith and credit obligations of the city and, there- fore, Secondarily supported by unlimited taxation sufficient to fill any deficiency in revenues. Bonds issued for the Specific benefit of the bridge and station are, on the other hand, secured secondarily by mortgages upon the respective facilities which carry in case of foreclosure an obligation of the city to give a franchise for the operation of the property for a limited period of time; by express con- stitutional stipulation (and a part of the contract with bondholders) no tax may be levied upon property in the city for their service and repayment, nor may the bonds be serviced or retired by other revenues of the city (with several exceptions). UPPER PONTALBA BUILDING BONDS For the purpose of refinancing the obligations of New Orleans secured by a mortgage against the Upper Pontalba Building (one of the historic residence buildings facing Jackson Square owned by the city since 1930), the Commission Council was authorized in 1948 by constitu- tional amendment” to issue revenue bonds to the extent of the principal of and interest on the mortgage (a total of about $175,000). The bonds are payable solely from the income and revenues derived from the operation of the project; they do not constitute an indebtedness or pledge of the general credit of the city. Recourse of bondholders in case of default is in the appointment of a receiver to administer the project for their benefit. SUMMARY Looking back upon more than one hundred thirty-one years of the exercise of the power of long-term borrowing in New Orleans, one sees that this period is divided almost in half. The first period is characterized by the lack of development of any consistent policies or institutions for authorizing the issuance of bonds, for issuing them or for administering the bonded debt, and represents generally the depressing of the credit standing of the city through extravagance, mismanagement, and depression. The second period, to the contrary, is characterized by the progressive ** Act No. 541 of 1948 adding Section 31.4 to Article XIV. 274 Municipal Bond Administration Vol. IV 1899-1950 K.'" building up of strong and consistent policies and institu- tions for providing for the exercise of these municipal functions, and represents the bettering of the financial position of the city through the conservative exercise of the powers of bond issuance and administration. Beginning with the establishment of the Board of Liquidation almost three quarters of a century ago, the city began the return climb upward, warranting by 1916 the return of local autonomy in authorizing the issuance of bonds, and cul- minating in a financial position of high standing today. The powers given the city today are extensive yet are held within certain bounds. The general authorizations for the issuance of bonds are satisfactory, except perhaps, for the restricted nature of the refunding power. Were the refunding power extended to include all new issues of bonds, much might be done in the way of reducing interest rates through refunding. Also, it might be suggested that the city be given the general power to issue bonds on its own initiative payable primarily out of the revenues of revenue-producing utilities. This would eliminate the necessity of numerous constitutional amendments author- izing issues of bonds for the Public Belt Railroad and simi- lar purposes. The limitations placed upon the general au- thorizations are well designed and sufficiently flexible to meet the changing needs and resources of the city. One of the most interesting and unique aspects of the exercise of the power of long-term borrowing in New Or- leans is the position and powers of the Board of Liquida- tion, City Debt. This instrumentality is considered in de- tail in Chapters 4 and 5 below.8% * This study is concerned with the power and exercise of the power to issue bonds by New Orleans as a municipal corporation. Therefore, no consideration is given to the powers of certain other local subdivisions of government having jurisdiction over this area to issue bonds for special purposes. There are two such authorities exercising limited power to issue bonds which are payable out of taxes levied in the parish of Orleans; these are the Orleans Parish School Board (see Constitution of 1921, Article XII, Section 16) and the Orleans Levee Board (see Constitution of 1921, Article XVI and XVI-A). Also, no consideration is given to the bonds of the French Market Corporation, the stock of which is owned entirely by the city of New Orleans. The bonds issued by this corporation are secured primarily by the revenue derived from the operation of the French Market and secondarily by a pledge of the franchise held by the cor- poration from the city for the administration of the market for fifty years from 1943. See Smith and Rives, op. cit., pp. 28 and 29. 275 Chapter Four THE BOARD OF LIQUIDATION OF THE CITY DEBT: COMPOSITION AND ORGANIZATION In the preceding chapters of this study the historical development and exercise of the power of New Orleans to issue its bonds have been dealt with at some length. Men- tion was made in Chapter 2 of the establishment of the “Board of Liquidation of the City Debt,” or the “Board of Liquidation, City Debt,” and throughout Chapter 3 frequent reference was made to this board in regard to both the issuance of bonds and administration of the out- standing debt. This unique public body today performs a dominant role in the exercise of the municipal functions of bond issuance and administration. Consequently, the remaining chapters of this study are devoted to a study of the composition, organization, and powers of the Board of Liquidation. The Board of Liquidation was called, in the paragraph above, a “unique public body.” It is unique in both its composition and powers; it holds an anomalous position in the government of the city. The board is composed of six “syndicate” members, who serve life-time terms, and three officers of the city government—the mayor and two councilmen-at-large—serving ex officio. Vacancies among the syndicate members are filled by the remaining syndicate members. The principal duty of the board is to administer that part of the bonded debt of the city of New Orleans which is serviced directly and entirely through property taxation. That is, the board administers the bonded debt of the city arising from the issuance of bonds for general mu- nicipal, sewerage, water and drainage, emergency, and cer- tain refunding purposes; it has nothing to do with the cur- rent finances of the city,” or the issuance and administration * See Chapter 3. These are the bonds issued under Acts No. 4 of 1916, 2 of 1930, E. S., and 3 of 1927, E. S. * Current finances (including borrowing for current purposes) #. handled by the Department of Finance under the director of Ila Il Ce. 277 ...'. New Orleans Studies of paving certificates” and revenue bonds.” The administra- tion of the general bonded debt of the city is in this manner Separated completely from the financing of current activi- ties of the city—a situation which exists in no other im- portant city in the United States.” For those familiar with the history and government of Louisiana it is not surprising to find that this agency is largely an outgrowth of measures taken to reduce to order the chaos prevailing in the government of New Orleans during Reconstruction.” The causes giving rise to the establishment of the Board of Liquidation were discussed in Chapter 2. Suffice it to say at this point that due to the extreme nature of the financial difficulties of the city in 1880 it was thought advisable to consolidate and liquidate in so far as possible the existing debt of the city by placing its control in the hands of a group of men experienced in financial matters and detached from the political strife of the day, and putting at their disposal for this purpose certain funds and property of the city. By statutory enactment the legis- lature constituted the board as described above in Chap- ter 2 and vested in it certain powers and rights to be described in Chapter 5 for reducing the debt of the city." With the enactment of Act No. 110 of 1890 authorizing the levy of the 1% debt tax and its adoption as a con- * See Chapter 3. These certificates (and refunding paving cer- tificates) are serviced primarily by the assessments collected. They are administered by the Department of Finance. * See Chapter 3. This includes bonds issued for constructing and extending the Public Belt Railroad system, which are serviced pri- marily by the revenues produced by the operation of the system; for constructing and maintaining the Public Belt Bridge, which are serviced primarily by the revenues produced by the operation of the bridge; and for constructing the Union Railroad Passenger Terminal, which are serviced primarily by the revenues produced by the opera- tion of the terminal. All of these bonds are administered by the Public Belt Railroad Commission. It also includes the Upper Pontalba Building Bonds. * Fiscal and Administrative Swrvey, p. 44. The usual practice is to assign the function of debt administration to the department of finance or the financial officer of the city government. See A. E. Buck, Municipal Finance (New York: Macmillan, 1926), pp. 25–26. * The counterpart of the Board of Liquidation, City Debt, on the state level, the Board of Liquidation, State Debt, it might be remem- bered, also had its origin during Reconstruction. See Louisiana’s Little ſºlature (New Orleans: Bureau of Governmental Research, Inc., * Act No. 133 of 1880, sec. 1. The board originally consisted of the “syndicate” members and the three city officials serving as the Commissioners of the Consolidated Debt. Subsequent charters have resulted in substitutions of officers serving similar functions. 278 Board of Liquidation, City Debt Vol. IV Organization App. ii stitutional amendment, the Board of Liquidation attained constitutional status. Since that time the composition and Organization of the board have been affirmed and re- affirmed several times in constitutional amendments;8 no essential change, however, has been made in the composi- tion of the board since its establishment in 1880 and no Substantive change has been made in the organization of the board since it was described somewhat in detail in Act No. 110 of 1890. This act makes the Board of Liquidation of the City Debt, as then constituted under the 1880 legislation, a body corporate with the right to sue and be sued.” Under pre- vious law the task of the board was limited to a particular objective—the liquidation, reduction, and consolidation of the then-existing debt; consequently, little attention was given to the permanent composition and organization of the board. But under the legislation of 1890 the duties of the board were extended over a longer period of time and so provision was made for certain difficulties which would arise during this extended period. The act provides that any member of the board who removes his domicile from the city of New Orleans, or who is convicted of any crime against the state, or who is declared insolvent or bankrupt, or who becomes “incapacitated to perform his duties,” must forfeit membership ; and it is made the duty of the board to declare his office vacant and to elect his successor. Any member may also be removed by two-thirds vote of the whole board for misfeasance, malfeasance in office, or neglect of duty as a member of the board; or he may be removed on similar grounds by any court of competent jurisdiction at the suit of any bondholder or by ten taxpayers.” The act further provides that in case all or a majority of the offices of members of the board should for any reason become vacant, so as to prevent a quorum of the board, any court of competent jurisdiction has power and authority, on application of bondholders, to fill enough of the vacancies to constitute a quorum, and the quorum * The board is recognized and maintained several times in the present constitution; to wit, in Article XIV, Sections, 23.1, 23.2, 24 (Act No. 110 of 1890, secs. 11-13 and Act No. 4 of 1916, sec. 14), 24.10, and 24.20. * Act No. 110 of 1890, sec. 11. * Ibid., sec. 12. 279 X." New Orleans Studies so obtained has power to fill the remainder of the vacancies.” The act also provides for the organization of the board and its staff. The board is authorized to make reasonable rules and regulations for the conduct of its business and to elect from its membership a president and vice-president. None of the members of the board may receive any compensation for services. Counsel is author- ized to be retained for necessary legal advice.” For performing its clerical work the board is author- ized to select a secretary (not a member of the board), to serve at the pleasure of the board,” and a clerical staff. The city of New Orleans is required to furnish offices for the board and its officers and staff.14 Office expenses and salaries, the costs of printing and engraving bonds, and counsel fees are payable out of the proceeds of the debt tax and other funds of the board.” * Ibid., sec. 13. These provisions create some question as to whether the syndicate members only may act to fill vacancies in their number (as they do in practice) or whether vacancies among the syndicate members should be filled by vote of the entire board. Al- though Act No. 133 of 1880, sec. 1, provides that the syndicate mem- bers are to fill “all vacancies in their number from death, resignation or otherwise,” the above stated provisions of Act No. 110 of 1890 consider the board as a whole, and require a vote by the entire board in filling vacancies resulting from specified causes. It might be argued that the act of 1890 eliminated the distinction between syndi- cate and ex officio members and consequently that all appointed mem- bers of the board must be appointed by the entire board. The better argument, however, seems to be that Act No. 110 of 1890, sec. 11, in creating the Board of Liquidation “established by Act No. 133, of the Acts of 1880, as now constituted,” a body corporate, recognized and continued the general provision made in Act No. 133 of 1880 with regard to the filling of vacancies in the offices of syndicate mem- bers, and, consequently, the provisions of the later act requiring a vote of the entire board to fill vacancies resulting from particular causes are merely exceptions to the general rule. The question seems never to have been decided by the courts of the state. Mayor Martin Behrman did, however, order the city attorney to file suit to deter- mine the question in 1906, but no further action seems to have been taken. See Times-Democrat, June 8, 1906, p. 6. * Ibid., sec. 11. ** Under Act No. 110 of 1890 the salary of the secretary was to be fixed by the board, but it could not exceed $3,500; this limitation seems to have been removed by Section 24 of Article XIV of the Constitution of 1921, as amended by Act No. 182 of 1924. A $20,000 bond, renewed every three years, is required of the secretary. ** The offices of the Board of Liquidation are at present on the sixth floor of the Sewerage and Water Board Building. ** Although Section 11 of Act No. 110 of 1890, in speaking of the source from which the administrative expenses of the board are to be paid, makes reference actually only to the proceeds of the 1% debt tax until 1942 (the year to which the tax was authorized to be levied 280 Board of Liquidation, City Debt Vol. IV Organization App. ii Two different reports are required of the board. Under Act No. 110 of 1890.1° the board is required to submit to the city council on the first of January and the first of July of each year, a detailed report of all its receipts, its expenditures, and its transactions, with the names of all its employees and the amount of compensation paid to each; under Act No. 6 of 1899, E.S., 17 the board is required to submit to the city council on the same days a detailed report of all receipts and disbursements made under the provisions of that act. These two reports, generally sub- mitted together, form a rather complete report of the activities of the board—the first being concerned with the activities of the board in regard to the general bonded debt” and the second with the activities of the board con- nected with the sewerage, water, and drainage debt and certain other funds dedicated to sewerage, water, and drain- age construction and extension purposes.” A mere statement, as given above, of the composition and organization of the Board of Liquidation, which has not changed during a period of seventy-three years, is sufficient to mark it as an unusual institution in the gov- ernment of this state and country. Six of the nine board by the act), expenses seem to have been continued to be paid from this source (the 1% debt tax having been extended to 1950 by Act No. 6 of 1899, E. S.) without specific authority; and, since the expira- tion of the authority for the levy of the 1% debt tax in 1950, it seems that these expenses have been paid from the proceeds of the variable debt tax levied after that time under Act No. 4 of 1916 and Act No. 3 of 1927, E. S., also without specific authority. * Section 11. ** Section 7. * Although the authorization of the 1% debt tax under Act No. 110 of 1890 expired in 1942, the board is required to submit this report at the present time and will be required to issue it in the future by virtue of Act No. 4 of 1916, sec. 14, which continues the existence of the Board of Liquidation during the term of any bonds issued under the act (this act contains the continuing authority of New Orleans to issue its bonds) and assigns to it all its duties exist- ing at the time of enactment. * Although the authorization of the 1% debt tax under Act No. 6 of 1899, E. S., expired in 1950, the board is required to issue this report after that time by virtue of Act No. 3 of 1927, E. S., sec. 9 (Article XIV, Section 24.10, of the constitution), which continues the existence of the Board of Liquidation during the term of any bonds issued under the act (the act contains the continuing authority of New Orleans to issue bonds for sewerage, water, and drainage purposes) and assigns to it all its duties existing at the time of enactment. See also Act No. 197 of 1938 (Article XIV, Section 23.1, of the constitution) and Act No. 533 of 1948 (Article XIV, Section 23.2, of the constitution). 281 X." New Orleans Studies members, the controlling group, serve terms for life during good behavior and are otherwise unconnected with the government of the municipality; and these six fill vacan- cies in their own number. During more than seventy years of existence only twenty-nine men have served as syndi- cate members of the board.” These men have all been per- Sons prominent in the business and professional life of the community;” most of them have been bankers. All of the officers of the board are elected from this group; and the officers so elected serve until they leave the board or until they move into higher offices.” The views of the city ad- ministration are, however, represented through the three municipal officers serving ex officio on the board. Undoubtedly, the principal reason for continuing the non-political character of debt administration is the suc- cess the Board of Liquidation has met in fulfilling its duties. The action of the board in the years following soon after its establishment in managing the debt of the city was so successful that public sentiment strongly favored placing as many as possible of the functions of city government beyond the reach of politics.” Consequently, many muni- cipal functions were placed in the hands of boards and commissions largely composed of and controlled by citizen taxpayers. Such boards and commissions were given con- trol of fire protection, police protection, health protection, levee construction and maintenance, park maintenance and operation, and sewerage, water and drainage construction and operation. With the rise of the Old Regulars political organization at the beginning of the new century, attempts were made to bring these functions under the ultimate con- trol of the mayor and council—not through their elimina- tion but through reducing the length of terms, eliminating staggered terms, and centering appointment and removal of members in the mayor and council.” No attempts were made, however, at bringing the Board of Liquidation under the control of the city administration.” Besides the com- * See Exhibit V in the Appendix. * See Fiscal and Administrative Survey, p. 44. * See Exhibit V in the Appendix. * Walker, op. cit., p. 107; see pp. 100-7 of this work for a dis- cussion of this entire process of decentralization in the government of New Orleans during this period. * See Reynolds, op. cit., pp. 58-59. - * Mayor Behrman did, however, question the exclusive power of the syndicate members to fill vacancies in their number as mentioned previously. 282 Board of Liquidation, City Debt Vol. IV Organization App. ii mendable manner in which the board had performed its duties during the crisis preceding the new century, another reason why no attempt was made to bring the board under the dominance of the city administration was, probably, the fear that any tampering with the board and its power would impair the credit of the city and might even be a violation of the contract with bondholders.” Continued success of the board in administering the debt of the city and the constitutional and contractual posi- tion of the board as administrator of the proceeds of the 1% debt tax and 2 mill sewer and water tax were probably the outstanding factors leading to the use of the board as administrator of the bonded debt of the city in establishing the general powers of the city to borrow money under Act No. 4 of 1916 and 3 of 1927, E. S. It would seem, however, that the retention of the board as the administering authority of the bonds issued under these two acts is not a part of the contract with bondholders” and consequently change would not be violative of the con- tractual obligation to bondholders. Any changes made in connection with the powers and duties of the board might, however, be detrimental to the credit standing of New * Act No. 110 of 1890, sec. 16, declared that “all of the sub- stantial provisions of this act are hereby declared to be a contract between the State of Louisiana, the city of New Orleans, the tax- payers of said city and each and every holder of said Constitutional bonds.” Of course, three sections of this act, which were discussed in the first part of this chapter, provided for the composition and organization of the Board of Liquidation and other sections provided for the manner in which the Board of Liquidation only was to ad- minister the proceeds of the 1% debt tax. Whether a change in these provisions would have been a violation of the obligation of contracts (under the federal constitution) was never determined because no attempt was ever made by the legislature to make such a change. * There are several reasons for this. The most obvious is that there are no declarations in these acts making the provisions thereof a part of the contract with the bondholders as there were in Act No. 110 of 1890. Further, under the act of 1890 the character of the board was essentially that of a board of liquidation in a strict sense and therefore charged with basic duties to the debtor, the creditors, and the state. Under the later acts the board, although it retained much of its original character, became largely a part of the govern- ment of the municipality proper with its basic responsibilities directed toward the city; therefore, while the integrity of the board under the Constitutional Bonds might have been considered a right of bond- holders, it seems likely that under the bonds issued through the gen- eral authorizations continuing today, the board would be considered as merely that part of the municipal government which administers the debt and, , consequently, changeable without violation of any contractual rights. 283 X." New Orleans Studies Orleans bonds in the market and to be marketed in the fu- ture. Change would, of course, have to be by authority of a constitutional amendment or convention. 284 Chapter Five BOARD OF LIQUIDATION, CITY DEBT: POWERS, DUTIES, AND FUNCTIONS Although the organization of the Board of Liquida- tion has not changed during the board’s seventy-three years of existence, its powers, duties, and functions have changed considerably during this period. In the change and addi- tion of powers, duties, and functions one may see the transition of the board from a temporary agency assigned to a particular task to an institution forming a permanent part of the government of the city and fulfilling one of the most important functions of municipal administration. The board began as a state agency established as trustee for bondholders and other creditors of the city and charged with the duty of liquidating the existing debt of the city; now it is basically a permanent part of municipal government charged with the administration of the general bonded debt of the city. It has continued, however, to retain something of its character as a representative of the bond- holders against the city administration proper. It is the purpose of this chapter to discuss the growth of these powers, duties, and functions and to attempt to describe and characterize the relation of the board to the city government. Under its act of origin the Board of Liquidation was vested with “exclusive control and direction of all matters relating to the bonded debt of the city of New Orleans,” and was authorized and empowered “to retire and cancel the entire valid debt of the city of New Orleans, except the floating debt created up to the date of the passage of this act, whether represented by bonds of various classes or by judgments.” By amendment in 1884 this function was extended to include “floating debts or claims against the city for 1878 and previous years merged or to be merged into executory judgments.” Certain safeguards * Act No. 133 of 1880, sec. 2. * Ibid., sec. 3. * Act No. 67 of 1884, sec. 2. 285 X. Y New Orleans Studies were set up to prevent the settling of fraudulent and invalid claims against the city. Should any obligation of the city be deemed fraudulent or invalid by any member of the Board of Liquidation, the board could not purchase, ex- change, or retire it until its validity had been determined by a court of competent jurisdiction. Furthermore, any member of the Board of Liquidation who knowingly audited, funded, purchased, or retired, for value, any illegal obliga- tion of the city, or used any of the bonds authorized to be issued by the act, or the proceeds thereof, or any of the city’s assets or property placed in the hands of the board by the act, for purposes other than those contemplated by the act, was liable to a fine of not less than one thousand dollars and imprisonment at hard labor for not less than One year.” For performing these duties certain funds were placed at the disposal of the board. In addition to the refunding bonds issued under the act”, city authorities were required to turn over and transfer to the Board of Liquidation “all the property of the city of New Orleans, both real and personal, not dedicated to public use” and the board was authorized to dispose of it by sale on terms favorable to the city.” The amendment of 1884 gave to the board all assets of the city “realized, or to be realized, except such assets and revenues as pertain to the administration of said city, and necessary for the support of the same as at present authorized,” and all uncollected revenues of the city levied prior to 1879." The city was also required * Act No. 133 of 1880, sec. 4. * Ibid., sec. 3. * Ibid., sec. 5. See Note 7 infra. * Act No. 67 of 1884, sec. 2. These rights given to the Board of Liquidation to the property of the city were of considerable importance and resulted in a quantity of litigation; and even today the board holds certain funds by virtue of these grants. Under this legislation the batture property, , among other forms of property of the city went to the board, with the reservation, however, that in sales of the property future accretions were to be reserved to the city [see Board of Liquidation v. Louisville R. R. Co., 109 U. S. 221, 3 S. Ct. 144 (1883)]. Also, by virtue of judicial interpretation of sec. 5 of Act No. 133 of 1880, proceeds from the sale of franchises by the city were required to be turned over to the Board of Liquidation [Board of Liquidation v. New Orleans, 32 La. Ann. 915 (1880)]; these pro- ceeds were, however, later dedicated to works of public improvement (Act No. 81 of 1882) and then to sewerage, water, and drainage pur- poses (Act No. 114 of 1896, Sec. 3). The rights of the board given through these acts were recognized by Act No. 110 of 1890, sec. 11, and Act No. 4 of 1916, sec. 14. The board may still secure the proceeds received from the sale of property of the city owned in 1880 and 286 Board of Liquidation, City Debt Vol. IV Powers and Duties App. ii to turn over each year the proceeds of the Premium Bond tax and the debt tax authorized to be levied by the act.” After meeting current debt requirements (including those under the Premium Bond plan) out of the proceeds of these various funds, the board was to use the surplus for purchasing any valid bonds of the city, or for the retire- ment of refunding bonds issued under the act.” In addition to the duties of the board in administering and liquidating the debt of the city, it was given also the duties of issuing and servicing the refunding bonds authorized by the act; little or no discretion, however, was 1884 and not then dedicated to public use even though title might not have been transferred at that time [Board of Liquidation v. New Orleans, 116 La. 417, 40 So. 781 (1906) 1. Dicta seems to indicate that the board may claim the proceeds of the sale of any property dedicated to public use in 1880 and 1884 if they are not dedicated at the time of sale to other public uses [Board of Liquidation v. New Orleans, 116 La. 417, 40 So. 781 (1906); State eac rel. Board of Liquidation v. Sommerville, 113 La. 557, 37 So. 476 (1904); and Board of Liquida– tion v. New Orleans, 118 La. 712, 43 So. 307 (1906) l ; a mere offer to sell, however, does not eradicate the dedication of property to pub- lic use [Board of Liquidation v. New Orleans, 118 La. 712, 43 So. 307 (1906)]. Whether this legislation has effect as to the property acquired by the city subsequent to its enactment (which seems unlikely) does not seem to have been directly decided, although the question has been argued several times by counsel. The court most nearly ap- proached the issue in Board of Liquidation v. New Orleans, 116 La. 4.17, 40 So. 781 (1906), where it considered the status of a certain piece of property acquired by the city in 1903; but, the question was not required to be answered as the property and its subsequent sale were found to be for public use and consequently exempt from the application of the legislation in any case. The importance of the rights today probably lies primarily in the funds which the board holds and uses as a result of their early exercise. The funds received by the board from the waterworks are of considerable importance today. In 1877 due to difficulties in meeting the obligations of bonds issued for the purchase of the waterworks in 1868 (see Chapter 2), the legis- lature incorporated the New Orleans Water Works Company with a capital stock of $2,000,000 and made the city and bondholders joint- owners of the stock, the city receiving $1,671,000 of the authorized capital stock. After the passage of Act No. 133 of 1880, this stock fell into the hands of the Board of Liquidation under sec. 5 of the act [see Board of Liquidation v. New Orleans, 36 La. Ann. 524 (1884) l. The stock was held by the board (Act No. 67 of 1884, sec. 2, prohibited its sale) until 1901 when the charter of the corporation was forfeited [see State v. New Orleans Water Works Co., 107 La. 1, 31 So. 395 (1901) I and its property was purchased by the city. The funds resulting are used at the discretion of the board for retiring outstanding bonds of the city (under the authority of Act No. 4 of 1916, sec. 14). At the present time the board owns $572,305.98 of bonds of the city purchased from this fund (see Semi-Annual State- ment of the Board of Liquidation, June 30, 1953). * Act No. 133 of 1880, sec. 6. * Ibid., sec. 8. 287 X: Y New Orleans Studies given the board in the matter of fixing the terms of the bonds.10 It may be seen from this review of the original powers and duties of the Board of Liquidation that it was set up primarily as an agency for refunding and ultimately liquidating the then-existing debt of the city. Much of the property of the city was liquidated and the proceeds were applied in paying off the debt of the city. However, in order that this refunding and liquidating scheme might be properly carried out and for the protection of the in- terests of creditors of the city, it was necessary, as a part of the scheme, to vest in the board the power of ad- ministering the existing debt of the city and the refunding bonds which were to be issued. The board, therefore, under its act of origin was primarily a statutory trustee set up for the benefit of city creditors and charged with the duty of readjusting and liquidating the debt of the city by selling available assets and properly applying certain funds and revenues.11 There was no basic change in the nature and character of the functions of the Board of Liquidation under Act No. 110 of 1890. There was, however, some amplification of its functions, and some new duties closely connected with its basic duties were given it. The act also guaranteed the continued existence of the board until 1942. Just as in the case of the bonds authorized by Act No. 133 of 1880, the board was, under Act No. 110 of 1890, to issue and sell the Constitutional Bonds, exercising no discretion as to their terms.” The purposes for which the board was to use the bonds were set out in detail.” By this act the board was given exclusive control of the proceeds of the 1% debt tax which the act authorized to be levied for a period of fifty years. The city was required to pay over to the fiscal agent or depository of the board, day by day as collected, the proceeds of the tax of which the city and its officers were expressly denied * Ibid., sec. 2. In contrast, the board is given wide authority in this regard under Act No. 4 of 1916. * “Its [the Board’s] only function under the law creating it is that of a statutory trustee to fund the debt of the city, and to receive and disburse the revenues applicable thereto.” Board of Liquidation v. United States eac rel. Warner, 108 F. 689, 690 (1901). * Act No. 110 of 1890, secs. 1 and 2. * Ibid., sec. 3. 288 Board of Liquidation, City Debt Vol. IV Powers and Duties App. ii custody, control, disposition, or expenditure.” Assurance was given the bondholders that the tax would be collected by specific authorization of the Board of Liquidation to levy and collect the tax (using the tax collecting agencies of the state) in the event the city did not do so in any year.” Thus, though the task of adjusting the debt of the city was to be completed through the issuance of these bonds, the actual liquidation of the debt was extended over a period of fifty years; and for the protection of holders of the refunding bonds during this period, the Board of Liquidation was given certain powers to be exercised in their interest in case the city administration did not comply with the terms of the issue. Administration of the proceeds of the 1% debt tax was placed entirely in the hands of the Board of Liquida- tion. After paying the interest and principal demands each year, the board was to divide the surplus remaining into halves and to deposit one half to the “Public Improvement Fund,” to be used exclusively for the construction of per- manent public improvements.” In regard to the expendi- ture of this fund the board was given the duty of keeping it and disbursing it on ordinance of the city council, ap- proved by the board. The board was admonished not to draw any check on the fund unless it was convinced, upon proper inquiry, that the ordinance for which it was to be drawn covered the construction of a permanent public improvement; but, no discretion was given the board as to what public improvements were to be financed from the fund as the “true interest and meaning” of the duty was only to see that the funds were applied exclusively to the construction of improvements that were permanent.” Although this duty was so closely attached to the duty of administering the proceeds of the 1% debt tax as to be hardly distinguishable, it did form the foundation of later extensions of the powers and duties of the board. Thus, under this legislation the board remained basically “a statutory trustee to fund the debt of the city, and to receive and disburse the revenues applicable there- ** Ibid., sec. 7. * Ibid. In case the board did not levy and collect the tax, the courts were authorized to do so. For the text of this section see Chap- ter 2, 8w pra. * Ibid., sec. 8. ** Ibid]. 289 X;Y New Orleans Studies to.” The position of the board was secured, however, by its relation to the debt tax as this tax authorization became a part of the constitution of the state and an obligation of the city and state under the contract with holders of the Constitutional Bonds.” This connection, as we shall later see, formed the path of subsequent develop- ment of the functions of the board. The next development in the functions of the board grew directly out of its connection with the Public Im- provement Fund. This development was centered in the capitalization of the Public Improvement Fund through issuance of the Public Improvement Bonds (Act No. 6 of 1899, E.S.) for constructing and extending the sewerage, Water, and drainage system of the city. Again the board was charged with the duties of preparing, issuing, and selling the bonds authorized to be issued.” However, the board was only to act as custodian of the funds received from the sale of the bonds and to pay them out on warrant or draft of the Sewerage and Water Board.” Representation was given to the Board of Liquidation on the Sewerage and Water Board by providing that the president of the Board of Liquidation and one other mem- ber designated by the board should serve on the Sewerage and Water Board.” By amendment in 1902, any two members of the Board of Liquidation appointed by the mayor on recommendation of the Board of Liquidation served on the Sewerage and Water Board.” The duties and powers of the Board of Liquidation in connection with the 1% tax under Act No. 110 of 1890 were extended to the levy of the 1% debt tax from 1942 until the principal of the Public Improvement Bonds was paid (1950) and to the levy of the special 2 mill sewer and water tax until 1942,” both of these for the benefit of the holders of the Public Improvement Bonds. The board *- * Board of Liquidation v. United States eac rel. Werner, 108 F. 689, 690 (1901). * See Chapter 4, supra. * Act No. 6 of 1899, E. S., secs. 1 through 4. * Ibid., sec. 5. The board was charged, however, with the task of immediately paying off the bonds which had been issued shortly before by the Drainage Commission. * Ibid., sec. 8. * Ibid., sec. 8, as amended by Act No. 111 of 1902. * Ibid., secs. 5 and 6. 290 Board of Liquidation, City Debt Vol. IV Powers and Duties App. ii was given the duty of servicing the Public Improvement Bonds, its existence being extended by the act (until 1950) for this purpose.” Any surplus remaining of the Public Improvement Fund and of the proceeds of the 2 mill tax after meeting the obligations of the Public Improvement Bonds was to be paid out by the board for constructing and extending the sewerage, water, and drainage system On warrant or draft of the Sewerage and Water Board setting forth the amount, the person to whom payable, and the purpose for which the payment was made; and the board was charged with the duty of taking care that no irregular, or improper, or unlawful payments were made Out Of this fund.26 Thus, in relation to the Public Improvement Bonds the board was given, for the first time, duties in the admin- istration of bonds of the city which were issued for the purpose of constructing public improvements. While the board had previously been concerned entirely with the task of liquidating the debt of the city and with administer- ing bonds issued for refunding this debt, under the act of 1899 it began to exercise administrative powers normally assigned to the city government proper—i.e., the admin- istration of bonds issued for usual municipal purposes. The administration of the debt of the city had for some years previously been concerned exclusively with adjustment and liquidation; during this period the Board of Liquidation had exercised exclusive control of the bonded debt. And, now that the city was again beginning to issue bonds for public improvement purposes, the position of the board made it the logical and perhaps necessary agency in which to vest administration of the new debts. Under Act No. 110 of 1890 the board was given exclusive control of the pro- ceeds of the 1% debt tax; consequently, it was necessary also to place the administration of this new bond issue, which was to be serviced and retired largely out of the surplus of this tax, in the hands of the board. For the same reasons, the administration of the New Public Im- provement Bonds was also placed in the hands of the Board of Liquidation. The facilities of the Board of Liquidation were also utilized in the early part of the new century for the is- * Ibid., sec. 6. * Ibid., sec. 5. 291 X." New Orleans Studies Suance and servicing of the Court House and Audubon Park Bonds, even though these issues were not to be serviced out of the proceeds of the 1% debt tax.27 It may be seen from this discussion of the develop- ment of the functions of the board after 1890 that it was moving from a position as trustee of cert a in assets and revenues of the city for the benefit of bondholders to that of an agency of the municipal government of the city charged with the duty of administering the debt of the city. Under the legislation of this period the board had been given complete charge of the function of servicing the debt of the city. With the return to the city of the power to issue bonds at its own instance by Act No. 4 of 1916, the powers of the board were extended so as to give it complete control of the administration of the bonded debt of the city supported by property taxation.” The func- tions assigned to the board under this constitutional amend- ment continue to be those exercised by the board today.” While legislation of the past extended the existence of the board for definite periods of time,89 the act of 1916 continues the existence of the board so long as any bonds issued under it are outstanding.” As the act constitutes the continuing authority for the issuance of city bonds for general and emergency purposes, the board has indefinite existence, continuing as long as the power of bond issuance is exercised under the act. The powers given the board under the amendment have to do with three phases of debt administration: authorization, issuance, and service. For the city to be authorized to issue bonds for general municipal purposes the Board of Liquidation must concur by way of a three-fourths vote of all the members of the board adopting the resolution of the Commission Council calling the election for securing approval of the taxpayers.” * See Chapter 3. * In connection with this discussion of the powers of the board under Act No. 4 of 1916, frequent reference should be made to the discussion of the power of the city to borrow money and to issue bonds under this amendment which is given in Chapter 3. * Act No. 4 of 1916, as amended by Act No. 51 of 1920 and Act No. 182 of 1924, is recognized by Article XIV, Section 24, of the constitution. * The continued existence of the board at the time of the 1916 legislation was authorized until 1950 by Act No. 6 of 1899, E. S., sec. 6. * Act No. 4 of 1916, sec. 14. * Act No. 4 of 1916, sec. 4. See Chapter 3. 292 Board of Liquidation, City Debt Vol. IV Powers and Duties App. ii In the event bonds are sought to be issued to meet an emergency, the Board of Liquidation must concur by a three-fourths vote of all its members.” Thus, though the board does not have the power to initiate proposals of bond issues, a power which is delegated to the Commission Council, it has, nevertheless, the power to negate any such proposals. This power was given to the board so that it might prevent the issuance of bonds which would be finan- cially unsound or would otherwise injure the credit of the city. It is a power which may be exercised by the board in the interests of both the bondholders and the city; through it the board may protect the vested rights and interests of bondholders and the credit of the city by preventing injudicious issue of bonds. The Board of Liquidation is also authorized by the amendment to issue bonds of its own accord for the purpose of refunding any bonds of the city outstanding in 1916.” This power was designed to give the board authority to take advantage of reduced interest rates where bonds bearing higher rates might be retired. This power, perhaps more than any other, is indicative of the position given the board under this amendment as the agency of the municipal government invested with all the power of the city to administer its debt. It is surprising that this refunding power was not also extended to those bonds issued under the amendment. In view of the continued growth in importance of the Board of Liquidation, perhaps its refunding power will be extended in the future. It would give much greater flexibility in administering the bonded debt of the city. Much wider discretion is given the board in issuing and selling bonds under this amendment than had been given in previous authorizations. Fixing the terms of the bonds in issuing them is left largely to the discretion of the board. The bonds must be in serial form” and payable in annual installments, commencing not more than two years from their date of issue; and the total installment payable in each year must be so fixed that * Ibid., sec. 5. See Chapter 3. * Ibid., sec. 6. See Chapter 3. * The bonds are usually coupon bonds but may be registered or released from registry under rules prescribed by the Board of Liqui- dation. Ibid., sec. 9. 293 X." New Orleans Studies when combined with the interest for that year the sev- eral annual total amounts of principal and interest to be paid will be as nearly equal as practicable; furthermore, the bonds may be for terms of not more than fifty years. Within these limitations the board is free to fix the terms of the bonds, including the interest rates, terms, forms, denominations, and times when and places where the bonds are payable.” The cost and expense of preparing and selling the bonds are paid by the Board of Liquidation.” Bonds issued under this amendment are sold by the Board of Liquidation to the highest bidder or bidders by sealed proposals after advertisement of not less than five insertions in the official journal of the city of New Orleans (the first insertion being at least fifteen days prior to the date of sale) and such other advertisements, in the city or elsewhere, as the Board of Liquidation, in its discretion, directs; and, the board may reject any or all bids.” There is no prohibition that the bonds not be sold for less than par and accrued interest as there was in the case of earlier bond issues sold by the board.” In addition to these powers and duties connected with the authorization and issuance of bonds under the amend- ment, the board is also vested with the function of servic- ing the debt created under its provisions. The funds to be used for this purpose were also taken from the proceeds of the 1% debt tax until 1942.4% After 1942 these bonds were to be serviced from the proceeds of an annual special debt tax sufficient to meet the obligations arising under them as the proceeds of the 1% debt tax were to be used for retiring the Public Improvement Bonds;* however, a plan for the retirement of the Public Improvement Bonds was devised and put into operation which allowed sufficient funds to remain of the proceeds of the 1% debt tax to service the bonds issued under this amendment (and those * Ibid., sec. 10. 87 Ibid. * Ibid., sec. 11. * The wide latitude given the Board of Liquidation in fixing the terms of and selling the bonds issued under this amendment was one of the reasons for opposition to the measure in the house upon its con- sideration. See the letter explaining the vote of J. N. Pugh opposing the measure, Howse Journal—1916, p. 139. 102. Act No. 4 of 1916, secs. 7 and 8, as amended by Act No. 182 of ** Ibid. 294 Board of Liquidation, City Debt Vol. IV Powers and Duties App. ii issued under Act No. 3 of 1927, E.S.), thus eliminating the necessity of levying this special debt tax until after 1950.” Since 1950 the bonds have been serviced from the proceeds of a special debt tax sufficient to meet the yearly obligations. As protector of the interests of bondholders and as guardian of the city’s credit, the board is authorized to levy and collect this tax if the city administration does not, just as it was in the case of previous bond issues.** Under Act No. 3 of 1927, E.S., setting out the manner in which bonds of the city are to be authorized and issued for sewerage, water, and drainage construction and ex- tension purposes,” the powers, duties, and functions of the board are identical with those imposed upon it by Act No. 4 of 1916 and therefore require no further special consid- eration.* Thus in 1916 the Board of Liquidation was first given a permanent position in the government of New Orleans. This position it continues to exercise today and will prob- ably continue to exercise in the future. From the review given above of the powers the board now exercises, one may see the character of the functions the board performs and of its relation to the city govern- ment. The board is the agency of municipal government of New Orleans charged with complete powers of issuing and servicing general debt bonds of the city. Nevertheless, it is an autonomous corporation not subject in the execu- tion of its duties to the will of either municipal or state political authorities. In addition to its administrative functions the board is empowered to protect the interests * The plan was held valid in Reuther v. New Orleans, 201 La. 209, 9 So. (2d) 523 (1942). * Act No. 4 of 1916, sec. 14. ** See Chapter 3. * It may be observed from this study that one of the great ex- penditures in the city of New Orleans is the improving and extending of sewerage, water, and drainage facilities. Because of this the board has become custodian of funds dedicated to this purpose other than those connected directly with the debt of the city. Under Act No. 197 of 1938, adding Section 23.1 to Article XIV of the constitution, the board is given custody of the proceeds of a 2 mill tax to be levied for fifty years from 1942 for the purpose of improving and extend- ing the sewerage, water, and drainage systems. These funds the board disburses on warrant of the Sewerage and Water Board. Also, Act No. 533 of 1948, adding Section 23.2 to Article XIV of the con- stitution, gives the board custody of the proceeds of a varying tax, not to exceed 3 mills, levied for the same purposes and to be admin- istered by the board in the same manner. 295 X." New Orleans Studies of holders of city bonds as against the city administration proper through both its power to prevent further bond issues and its power to levy and collect a tax sufficient to meet the obligations of the city on its general debt bonds. Thus, though the board is a part of the municipal govern- ment of the city, it still retains the character of a “con- tinuing board of liquidation.” :::::::::::::::::::: Numerous objections and criticisms may be made to the composition and powers of the Board of Liquidation. The board is not an institution subject to the will of the electorate either directly or indirectly. It is possible that its policies might at some time be directly opposite to those favored by the citizenry. The syndicate members might, as a matter of fact, pursue a policy directly opposite to that desired by the city administration, which is of necessity more responsive to public demands. A particular group— bankers, industrialists, merchants, or lawyers—might ob- tain control of the board, eliminate any representative character of its membership, and perhaps control the policies of the board in accordance with the view of its interest or profession.” It can be strongly contended that all of the financial affairs of the city should be centrally controlled by a finance officer who assumes complete re- sponsibility. It may be further argued that flexibility in financial administration is not possible when authority is divided among several officials or boards, and particularly when one of these institutions is autonomous. But, however great the efficacy of these theoretical objections to the board, practical considerations seem to * Of the objections to the composition of the board, this seems to be one of the most cogent. The board throughout its history has been composed largely of men having considerable interests in local banking institutions; several situations regarding the board’s admin- istration seem to have evidenced the importance of private banking interests. The first incident of this nature occurred in 1906–07. The board was at that time empowered to select the fiscal agent to keep certain of its funds. The board did not require of this agent interest upon its daily deposits which would have constituted a not incon- siderable further source of revenue to the city (or board) although it was alleged that certain banks of the city were willing to pay over 3% per annum on the daily deposits of the board. It was only through the pressure of Mayor Behrman and the state legislature that the board was forced to require interest on its deposits and to let the fiscal agency contract through bids (on the interest which would be paid on daily balances) from all local responsible banks. Charges were made, though not judicially affirmed, that the members of the board who voted for the particular contract which gave rise 296 Board of Liquidation, City Debt º Vol. IV Powers and Duties App. l I demonstrate its justification. In the first place, the actual meeting of periodic obligations to bondholders is largely a routine matter allowing little discretion to the administer- ing authority and governed largely by contractual relations with the bondholders; consequently, guarantees of prompt- ness in meeting these obligations are probably of greater value to the municipality than freedom in forming policies in the administration of the debt. Further, as to the greater power of the board—that of approving bond issues—it must be said that though the administration of the bonded debt of the city by the board has been conservative, the board has not failed to give its approval to bond issues when the proposed issues were in accord with principles of sound finance.* All in all, the Board of Liquidation seems to have functioned satisfactorily for seventy-three years, during which time the city has attained and main- tained an excellent credit rating. There is probably no better test of the usefulness of an agency than the results obtained. to the controversy were financially interested in the bank with whom the non-interest-bearing contract was made. See Times-Democrat, June 7 (p. 5), 8 (p. 5), 9 (p. 5), and 12 (p. 6), 1906; House Cal- endar—1907 (extra session), pp. 15–17; Ats No. 128 of 1906 and 23 of 1907, E. S.; State eac rel. Board of Liquidation v. Briede, 117 La. 183, .41 So. 487 (1906) and City of New Orleans v. Board of Liquidation, 118 La. 543, 43 So. 157 (1907); and Reynolds, op. cit., p. 153. The second incident occurred in 1939. Although the board had in banks funds it had received as interest on daily deposits upon which it was receiving only about 2% interest, there were outstand- ing the Floating Debt Bonds and the Audubon Park Bonds bearing interest of about 5% which the board was authorized to retire, but which the board had not retired although the bank deposits afore- mentioned were sufficient to do so. The bonds were finally retired from this fund on the insistence of Mayor Maestri. No charges of special interest were made on this occasion, however. See Times- Picayune, March 29, 1939, p. 1. *"See Fiscal and Administrative Swrvey, p. 44. 297 EXHIBIT I and 4% BONDED DEBT OF THE CITY OF NEW ORLEANS, JUNE 30, 1953,4 ADMINISTERED BY BOARD OF LIQUIDATION, CITY DEBT Semi- ſº Rate of NAME Amount Dated Maturity Interest #: Court House Bonds (Coupon). . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 127,000.00 Jan. 1, 1905 5% $ 3,175.00 Serial Gold Bonds, Series of 1917 (Coupon). . . . . $3,865,500.00 Serial Gold Bonds, Series of 1917 (Registered) .. 709,500.00|| 4,575,000.00 Jan. 1, 1917 | Serial 4% 9% 102,937.50 Serial Gold Bonds, Series of 1927 (Coupon). . . . . $5,428,000.00 Serial Gold Bonds, Series of 1927 (Registered) .. 179,000.00|| 5,607,000.00|| Oct. 1, 1927 | Serial 4% 9% 126,157.50 Serial Gold Bonds, Series of 1930 (Coupon). . . . . $3,463,000.00 Serial Gold Bonds, Series of 1930 (Registered) .. 125,000.00|| 3,588,000.00 Dec. 15, 1930 | Serial 4% 9% 80,730.00 Aviation Bonds, Series A (Coupon) . . . . . . . . . . . . $1,766,000.00 º Aviation Bonds, Series A (Registered) . . . . . . . . . 30,000.00 1,796,000.00 Feb. 1, 1944 Serial 1, 1%, 1%, 15,353.75 ==- 2 and 2% 96 Grade Separation Bonds, Series A (Coupon). . . . $2,289,000.00 Grade Separation Bonds, Series A (Registered). 88,000.00 2,377,000.00 July 1, 1948 || Serial 2%, #% * 29,298.74 *-*=-ºm- 3, Il O Grade Separation Bonds, Series B (Coupon). . . . $2,900,000.00 Grade Separation Bonds, Series B (Registered). 10,000.00 2,910,000.00| Oct. 1, 1949 Serial . % 36,793.75 3.11 O Grade Separation Bonds, Series C (Coupon). . . . . . . . . . . . . . . . 1,937,000.00 June 1, 1950 | Serial 2, *** 23,153.75 Il Grade Separation Bonds, Series D (Coupon). . . . $4,423,000.00 3. % Grade Separation Bonds, Series D (Registered). 10,000.00 4,433,000.00 Nov. 1, 1950 | Serial *...*, * 49,987.50 3. Il O Grade Separation Bonds, Series E (Coupon). . . . $3,960,000.00 Grade Separation Bonds, Series E (Registered). 40,000.00 4,000,000.00| Aug. 1, 1951 | Serial 2%, % * 55,187.50 mºs-ºs-sºmºsºm- 8, Il O Grade Separation Bonds, Series F (Coupon). . . . . . . . . . . . . . . . 3,000,000.00 May 15, 1952 | Serial 2, #. # 35,717.50 Street Improvement Bonds, Series A (Coupon) . . $2,375,000.00 3.Il % Street Improvement Bonds, Series A (Registered) 2,000.00 2,377,000.00|July 1, 1948 Serial 2%, 2%, 2% 29,298.74 § Street Improvement Bonds, Series B (Coupon). . $3,695,000.00 Street Improvement Bonds, Series B (Registered) 126,000.00 Street Improvement Bonds, Series C (Coupon) . . . . . . . . . . . . . . Street Improvement Bonds, Series D (Coupon). . . . . . . . . . . . . . Street Improvement Bonds, Series E (Coupon). . . . . . . . . . . . . . Street Improvement Bonds, Series F (Coupon). . $1,495,000.00 Street Improvement Bonds, Series F (Registered) 5,000.00 Street Improvement Bonds, Series G (Coupon). . . . . . . . . . . . . . Civic Center Bonds, Series A (Coupon). . . . . . . . . . . . . . . . . . . . Civic Center Bonds, Series B (Coupon). . . . . . . . . . . . . . . . . . . . Firemen's Back Salary Bonds (Coupon). . . . . . . . . . . . . . . . . . . Sewerage, Water & Drainage Serial Gold Bonds, Series A (Coupon). . . . . . . . . . . . . . . . . . . . . . . . . $3,004,000.00 Sewerage, Water & Drainage Serial Gold Bonds, Series A (Registered) . . . . . . . . . . . . . . . . . . . . . . Sewerage, Water & Drainage Serial Gold Bonds, Series B (Coupon) . . . . . . . . . . . . . . . . . . . . . . . . . $1,964,000.00 Sewerage, Water & Drainage Serial Gold Bonds, Series B (Registered). . . . . . . . . . . . . . . . . . . . . . 375,000.00 Sewerage, Water & Drainage Serial Gold Bonds, Series C (Coupon) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewerage, Water & Drainage Serial Bonds, Series F (Coupon) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80,000.00 3,821,000.00 May 1, 1949 Serial 2% and 2% 96 49,343.75 1,455,000.00|| Oct. 1, 1949 Serial 2%, 2% 18,412.50 and 4% 2,422,000.00 June 1, 1950 | Serial 2, º 28,897.50 - and 4% 2,500,000.00 Aug. 1, 1951 Serial 2%, 2% 31,105.00 and 2% 90 1,500,000.00 May 15, 1952 | Serial 2, 2% 15,496.25 and 2% 9% 1,800,000.00| May 1, 1953 | Serial *... % 3 26,893.75 3. Il % 478,000.00 July 1, 1948 || Serial *...*. 3 6,040.00 3.Il O 472,000.00| May 1, 1949 Serial 2%, 3, 3% 6,560.00 and 4% 1,000,000.00 Aug. 1, 1951 Serial 2 and 2% 96 11,048.75 3,084,000.00|| Oct. 1, 1928 Serial 4% 9% 69,390.00 2,339,000.00|| Oct. 1, 1929 || Serial 4% 9% 52,627.50 1,598,000.00| Oct. 1, 1930 | Serial 4% 9% 35,955.00 5,000,000.00| Dec. 15, 1951 Serial 214, 2% 64,318.75 and 4% $64,196,000.00 $1,003,879.98 * Source: Semi-Annual Statement, Board of Liquidation, City Debt, for the Sir Months Ended June 30, 1953. § EXHIBIT II BONDS OF THE CITY OF NEW ORLEANS AUTHORIZED AND ISSUED UNDER ACT NO. 4 OF 1916 (ARTICLE XIV, SECTION 24, As AMENDED BY ACT No. 182 OF 1924) * Serial Gold Bonds, Series of 1917 Authority: Section 1* Amount authorized: $9,000,000. Dated: January 1, 1917. Amount issued: $8,987,000. Serial maturity: January 1, Amount outstanding, June 30, 1919-67. 1953: $4,575,000.00. Rate of interest: 4% 96. Purposes: (1) For the retirement of “School Teachers' Salary Bonds” issued under Act No. 2 of 1906. (2) For the payment of the principal of the floating indebtedness of the Board of Directors of Public Schools, Parish of Orleans. (3) For the retirement of the storm emergency loan of 1915. (4) Balance used by the Board of Liquidation to retire Public Improvement Certificates issued under Act No. 56 of 1908, as amended. Serial Gold Bonds, Series of 1927 Authority: Section 4. Amount authorized: $7,500,000. Dated: October 1, 1927. Amount issued: $7,500,000. Serial maturity: October 1, Amount outstanding, June 30, 1929-77. 1953: $5,607,000.00. Rate of interest: 4% 7%. Purposes: (1) For payment of city’s portion of the paving of streets and other public places in New Orleans, including sub-surface drainage. (2) For the acquisition of land for and/or the construction, equipment, and furnishing of a new Criminal Court building in the city. (3) For the acquisition of land for, and/or construction, equip- ment, and furnishing of a new Parish Prison and/or House of Detention in the city. (4) For the acquisition of land for, and/or the construction, equipment, and furnishing, of one or more garbage collection, removal, and incineration or destruction plants. (5) For the payment of the unpaid portion of the purchase price of land acquired by the city for City Park Extension. (6) For the acquisition of land for, and/or construction, equip- ment, and furnishing of a Municipal Auditorium or Con- vention Hall. * Source: Smith and Rives, Louisiana Municipal Bond Service, Inc., Oompila- tion of Louisiana State and Mwnicipal Bonds (1949) (New Orleans, 1949) and Supplement (1953); Semi-Annual Statements of the Board of Liquidation, City Debt; and Horace P. Phillips, “History of the Bonded Debt of the City of New Orleans, 1822-1933” (a private publication, 1933). * Section 1 of Act No. 4 of 1916 authorized directly the issuance of bonds to the extent of $9,000,000 without the necessity of a vote of approval by the taxpayers. The bonds are not otherwise different from bonds issued under the general authoriza- tion of Section 4 of the Act. 301 ...'. New Orleans Studies Serial Gold Bonds, Series of 1930 Authority: Act 2 of 1930, E. S., sec. Amount authorized: $4,500,000. 1 (Article XIV, Section 24.12).” Amount issued: $4,500,000. Dated: December 15, 1930. Amount outstanding, June 30, Serial maturity: December 15, 1953: $3,588,000.00. 1932–80. Rate of interest: 4% 96. Purposes: (1) For the payment of the floating indebtedness of the city. (2) For completing and furnishing the new Criminal Court House and Parish Prison. (3) Balance used for building or rebuilding the public markets of the city. Serial Gold Bonds, Series of 1932 (“Welfare Bonds”) Authority: Section 4. Amount authorized: $750,000. Dated: June 1, 1932. Amount issued: $750,000. Serial maturity: June 1, 1933–37. Amount outstanding, June 30, Rate of interest: 5%. 1953: none. Purpose: For improving streets, roads, bridges, sidewalks, parks, and playgrounds. Aviation Bonds, Series A Authority: Section 4. Amount authorized: $5,000,000. Dated: February 1, 1944. Amount issued: $2,500,000. Serial maturity: August 1, Amount outstanding, June 30, 1945-68°. 1953: $1,796,000.00. Rates of interest: 1%, 1% 96, 1% 7%, 2% and 2% 96. Purpose: For the improvement and construction of the city's new Municipal Airport. Grade Separation Bonds, Series A Authority: Section 4. Amount authorized: $12,000,000. Dated: July 1, 1948. Amount issued: $2,500,000. Serial maturity: July 1, 1950–88.* Amount outstanding, June 30, Rates of interest: 2%. 70, 2% 9%, 1953: $2,377,000.00. 2% 9% and 4%. Purpose: For the payment of the city’s portion of the cost of eliminat- ing grade crossings in the city by the construction of over- and underpasses. * Although this issue of bonds was issued under the authority of the special constitution amendment indicated, without having been submitted to approval by the taxpayers (as required under Act No. 4 of 1916), it is in no substantial way different from any of the bonds issued under Act No. 4 of 1916 and is therefore usually con- sidered as one of this type of bond issue. * Right to redeem after February 1, 1954, at 102 retained. * Right to redeem after July 1, 1968, at 102 retained. 302 Board of Liquidation, City Debt Vol. IV Eachibit II App. 11 Grade Separation Bonds, Series B Authority: Section 4. Dated: October 1, 1949. Serial maturity: October 1, 1951-89." Rates of interest: 4%, 2% 9%, and 2% 9%. Purposes: Same as above. Amount authorized: Included in above. Amount issued: $3,000,000.00. Amount outstanding, June 30, 1953: $2,910,000.00. Grade Separation Bonds, Series C Authority: Section 4. Dated: June 1, 1950. Serial maturity: December 1, 1952–89.” Rates of interest: 4%, 2% 9%, 2% 9%, and 2%. Purpose: Same as above. Amount authorized: Included in above. Amount issued: $2,000,000.00. Amount outstanding, June 30, 1953: $1,937,000.00. Grade Separation Bonds, Series D Authority: Section 4. Dated: November 1, 1950. Serial maturity: November 1, 1952-90.” Rates of interest: 4%, 2% 9%, 2%, and 1% 9%. Purpose: Same as above. Amount authorized: Included in above. Amount issued: $4,500,000.00. Amount outstanding, June 30, 1953: $4,433,000.00. Grade Separation Bonds, Series E Authority: Section 4. Dated: August 1, 1951. Serial maturity: August 1, 1953–91.* Rates of interest: 4%, 2% 9%, 2% 9%, and 2% 9%. Purpose: Same as above. Amount authorized: $7,000,000. Amount issued: $4,000,000.00. Amount outstanding, June 30, 1953: $4,000,000.00. Grade Separation Bonds, Series F Authority: Section 4. Dated: May 15, 1952. Serial maturity: November 15, 1953–91.” Rates of interest: 4%, 2% 96, 2% 9%, and 2%. Purpose: Same as above. Amount authorized: Included in above. Amount issued: $3,000,000.00. Amount outstanding, June 30, 1953: $3,000,000.00. * Right to redeem after October 1, 1969, at 102 retained. • Right to redeem after December 1, 1969, at 102 retained. 1970, at 102 retained. 7 Right to redeem after November 1, * Right to redeem after August 1, 1971, at 102 retained. 9 Right to redeem after November 15, 1972, at 102 retained. 303 ...'. New Orleans Studies Street Improvement Bonds, Series A. Authority: Section 4. Amount authorized: $10,500,000. Dated: July 1, 1948. Amount issued: $2,500,000. Serial maturity: July 1, 1950–88.” Amount outstanding, June 30, Rates of interest: 2% 96, 2% 96, 1953: $2,377,000.00. 2% 96 and 4%. Purpose: For surfacing, resurfacing, blacktopping, repairing and improving the streets of the city. Street Improvement Bonds, Series B Authority: Section 4. Amount authorized: Included in Dated: May 1, 1949. above. Serial maturity: May 1, 1951-89.” Amount issued: $4,000,000.00. Rates of interest: 2% ºo, and Amount outstanding, June 30, 2% 96. 1953: $3,821,000.00. Purpose: Same as above. Street Improvement Bonds, Series C Authority: Section 4. Amount authorized: Included in Dated: October 1, 1949. above. Serial maturity: October 1, Amount issued: $1,500,000.00. 1951-89.” Amount outstanding, June 30, Rates of interest: 4%, 2% 7%, and 1953: $1,455,000.00. 2% 96. Purpose: Same as above. Street Improvement Bonds, Series D Authority: Section 4. Amount authorized: Included in Dated: June 1, 1950. above. Serial maturity: December 1, Amount issued: $2,500,000.00. 1952–89.” Amount outstanding, June 30, Rates of interest: 4%, 2% 9%, 1953: $2,422,000.00. 2% 9%, and 2%. Purpose: Same as above. Street Improvement Bonds, Series E Authority: Section 4. Amount authorized: $5,000,000. Dated: August 1, 1951 Amount issued: $2,500,000.00. Serial maturity: August 1, Amount outstanding, June 30, 1953–81.** 1953: $2,500,000.00. Rates of interest: 2% 9%, 2% 9%, and 2% 96. Purpose: Same as above. 10 Right to redeem after July 1, 1968, at 102 retained. 11 Right to redeem after May 1, 1969, at 102 retained. 12 Right to redeem after October 1, 1969, at 102 retained. 18 Right to redeem after December 1, 1969, at 102 retained, 14 Right to redeem after August 1, 1966, at 102 retained. 304 Board of Liquidation, e sº tº City Debt Vol. IV Eachºbºt II K.' Street Improvement Bonds, Series F Authority: Section 4. Amount authorized: Included in Dated: May 12, 1952. above. Serial maturity: November 15, Amount isued: $1,500,000.00. 1953–82.15 Amount outstanding, June 30, Rates of interest: 2% 9% and 2% 7%. 1953: $1,500,000.00. Purpose: Same as above. Street Improvement Bonds, Series G. Authority: Section 4. Amount authorized: Included in Dated: May 1, 1953. above. Serial maturity: November 1, Amount issued: $1,500,000.00. 1953-88.1° Amount outstanding, June 30, Rates of interest: 4%, 3%, 2% 9%, 1953: $1,500,000.00. and 2% 9%. Purpose: Same as above. Civic Center Bonds, Series A. Authority: Section 4. Amount authorized: $1,000,000. Dated: July 1, 1948. Amount issued: $500,000. Serial maturity: July 1, 1950–88.” Amount outstanding, June 30, Rates of interest: 2% 96, 2% 9%, 1953: $478,000.00. 3% and 4%. Purpose: For the acquisition of the necessary lands and improve- ments for the civic center proposed for the city. Civic Center Bonds, Series B Authority: Section 4. Amount authorized: Included in Dated: May 1, 1949. above. Serial maturity: May 1, 1951-89.” Amount issued: $500,000.00. Rates of interest: 4%, 3% 9%, 3%, Amount outstanding, June 30, and 2% 96. 1953: $472,000.00. Purpose: Same as above. Firemen’s Back Salary Bonds Authority: Section 4. Amount authorized: $1,000,000. Dated: August 1, 1951. Amount issued: $1,000,000.00. Serial maturity: August 1, Amount outstanding, June 30, 1953–66. 1953: $1,000,000.00. Rates of interest: 2% 9% and 2%. Purpose: For payment of back salaries due to city firemen. 15 Right to redeem after November 15, 1967, at 102 retained. 16 Right to redeem after November 1, 1968, at 102 retained. 17 Right to redeem after July 1, 1968, at 102 retained. 18 Right to redeem after May 1, 1969, at 102 retained. 305 BONDS OF THE CITY OF NEW ORLEANS AUTHORIZED AND ISSUED UNDER EXHIBIT III ACT NO. 3 OF 1927, E. S. (ARTICLE XIV, SECTIONS 24.2–24.11)* (New Orleans, 1949) and Swpplement (1953); Semi-Annwal State- ments of the Board of Liquidation, City Debt; and Horace P. Phillips, “History of the Bonded Debt of the City of New Orleans, 1822-1933” (a private publication, 1933). $9,000,000 in one or more series without the necessity of a vote of approval by the taxpayers. The $9,000,000 authorization was divided into three separate issues. The bonds are not otherwise different from bonds issued under the general authorization of Section 2 (Article XIV, Section 24.3) of the act, Rate Amount Series Authority Dated Serial of Amount Outstanding, Maturity Interest Issued June 30, 1953 A sº, 119 October 1, 1928 October 1, 1930-78 4% 9% $4,000,000 $3,084,000 24.2 B sº, 119 October 1, 1929 October 1, 1931-79 4% 9% 3,000,000 2,339,000 24.2 C sº, 119 October 1, 1930 October 1, 1932–80 4% 96 2,000,000 1,598,000 (24.2 D sº 2 August 1, 1934 August 1, 1936-50 4% 1,800,000 In One 24.3 E Section 2 January 1, 1939 January 1, 1941-51 2% 1,500,000 In One tº and 2% 9% F Section 2 December 15, 1951 December 15, 1953-91 2% 9%, 2% 96 5,000,000 5,000,000 (24.3) and 4% * Source: Smith and Rives, Louisiana Municipal Bond Service, * Section , 1 (Article XIV, Section 24.2) of Act No. 3 of 1927, Inc., Oompilation of Lowisiana State and Municipal Bonds (1949) L. S., authorized directly the issuance of bonds to the extent of ; : É EXHIBIT IV BONDS OF THE CITY OF NEW ORLEANS AUTHORIZED AND ISSUED FOR PURPOSES CONNECTED WITH THE PUBLIC BELT RAILROAD SYSTEM PUBLIC BELT RAILROAD SYSTEM BONDS New Orleans Public Belt 5% Bonds Authority: Act No. 179 of 1908, amending the Constitution of 1898. Purpose: To construct and equip the Public Belt Railroad system. Original issue: $2,000,000. Dated: January 1, 1909. Outstanding: Called and retired in 1939 by the issuance of a similar amount of bonds under the authority of Act No. 45 of 1938 (see below). Public Belt 3% º, 3% 9% and 2% 96 Bonds Authority: Act No. 45 of 1938, amending Article XIV, Section 27 of the Constitution of 1921. Purpose: To refund bonds issued under Act No. 179 of 1908 (see above). Original issue: $2,000,000. Dated: March 1, 1939. Outstanding, January 1, 1953: Maturity: Serially, $80,000 each $1,120,000. year: March 1, 1942–52—3% 90 March 1, 1953-56—3% 9% March 1, 1957–66—2% 9% Authority: Section 27 of Article XIV of the Constitution of 1921 authorized the city of New Orleans to issue, upon recommenda- tion of the Public Belt Railroad Commission, bonds not to exceed $5,000,000 to be used exclusively for the development, extension, additions, betterments, and construction of the Public Belt Rail- road system. The bonds issued under this authorization may not run for more than forty years nor bear interest exceeding 6% as recommended by the Public Belt Railroad Commission and must mature serially. Under this authority, the following two series have been issued amounting to $1,500,000; the $3,500,000 remaining of the authorization have not yet been issued. Public Belt 4% 96 Bonds Original issue: $1,000,000. Dated: April 1, 1928. Outstanding, January 1, 1953: Maturity: Serially, $40,000 each $560,000. year: April 1, 1942-66. 307 ...' New Orleans Studies Public Belt 31.4% Bonds Original issue: $500,000. Dated: April 1, 1928. Outstanding, January 1, 1953: Maturity: Serially, $20,000 each $280,000. year: April 1, 1942-66. Authority: Act No. 391 of 1940, amending Article XIV, Section 27, of the Constitution of 1921 authorizes the city to issue and sell from time to time “City of New Orleans Public Belt Bonds, New Series” for the sole purpose of refunding Public Belt Bonds and Public Belt Bonds, New Series, previously and subsequently issued by the city. Such bonds may not mature later than fifty years from date of issue or bear interest at a rate greater than 5%. Under this authority the following four issues have been floated so far. Public Belt 1% 96 Bonds, New Series Original issue: $560,000. Dated: March 1, 1945.” Outstanding, January 1, 1953: Maturity: Serially, $140,000 $560,000. each year: March 1, 1956-58. Public Belt 1% Bonds, New Series Original issue: $140,000. Dated: March 1, 1946.” Outstanding, January 1, 1953: Maturity: March 1, 1960. $140,000. Public Belt 1.85% Bonds, New Series Original issue: $140,000. Dated: March 1, 1947.* Outstanding, January 1, 1953: Maturity: March 1, 1961. $140,000. Public Belt 1% 9% Bonds, New Series Original issue: $560,000. Dated: March 1, 1951. oº: January 1, 1953: Maturity: March 1, 1960-63.” 560,000. Note: As was pointed out above, all of the above described bonds (Public Belt Railroad System Bonds) are payable primarily out of the net revenues of the Public Belt Railroad of the city, and in case of any deficiency in such revenues to pay either the principal or interest, from an unlimited ad valorem tax on all taxable property in the city. PUBLIC BELT BRIDGE BONDS Authority: Act No. 154 of 1928, amending Article XIV, Section 27, of the Constitution of 1921 authorized the city of New Orleans, through the Public Belt Railroad Commission to construct and operate a bridge across the Mississippi at or near New Orleans for railway and highway uses. For this purpose the city was authorized, on recommendation of the Public Belt Railroad Com- mission, to issue its bonds up to $20,000,000. Under this authoriza- tion only the following issue of bonds was floated. Public Belt Bridge Revenue 4% Bonds Original issue: $5,482,000. Dated: October 1, 1932. Outstanding, January 1, 1953: Maturity: Serially, October 1, $876,000. 1947-55, 82.** 29 Callable in inverse numerical order on and after March 1, 1949, at 102 and interest. *1 Callable on and after March 1, 1950, at 102. ** Callable on and after March 1, 1952, at 102. * Callable in inverse order on and after March 1, 1951, at 102. * Callable on any interest date at 105. 308 Board of Liquidation, City Debt Vol. IV Each ºbit IV App. ii Note: These bonds are payable solely from bridge revenues and are secured by a mortgage on the Mississippi River Bridge (a fran- chise for its operation to be granted for a limited period in case of foreclosure). Authority: Act No. 315 of 1944, Amending Article XIV, Section 28, of the Constitution of 1921 authorized the city, upon recommenda- tion of the Public Belt Railroad Commission, to borrow money and issue bonds and notes, from time to time, for the purpose of replenishing the general fund of the Public Belt Railroad Com- mission, not to exceed in the aggregate $900,000 at any one time outstanding; provided, that no more than $150,000 (and an amount equal to that amount of Bridge Fund Bonds and Notes retired during the year) may be borrowed in any calendar year. The bonds may run for not more than twenty years and interest thereon may not exceed 5%. Under this authorization the fol- lowing bonds have been issued. 1.10% Public Belt Bridge Fund Bonds, Series “A.” Original issue: $150,000. Dated: March 1, 1946. Outstanding, January 1, 1953: Maturity: March 1, 1965.” In One. 2.25% Public Belt Bridge Fund Bonds, Series “B” Original issue: $150,000. Dated: March 1, 1947. Outstanding, January 1, 1953: Maturity: March 1, 1965.” IlOIle. Note: Bonds issued under this authorization are secured primari- ly by a lien and mortgage against such amounts as shall, from time to time, become repayable to the city of New Orleans under contracts of loan made with certain railroad companies pursuant to Article XIV, Section 28, of the Constitution of 1921, and secondarily, subject to prior claims, by a lien and mortgage upon the Mississippi River Bridge, by a lien on the net revenues derived from the operation of the Bridge, and by a pledge and assignment of such contracts made with any railroads. In case of foreclosure on mortgage on the Bridge, a franchise for the operation of the Bridge for a limited time is to be given. The bonds may not be paid from any tax upon property in New Orleans or any other revenues of the city, but the interest thereon may be paid out of the general fund of the Public Belt Rail- road Commission. UNION PASSENGER TERMINAL REVENUE BONDS Authority: Act No. 385 of 1938, amending Article XIV of the Con- stitution of 1921 by adding Section 31.3 authorized the city of New Orleans, through the Public Belt Railroad Commission, to construct and operate one or more railroad passenger stations in the city. The city, through the Public Belt Railroad Commis- sion and on the recommendation of the commission, was author- ized to issue bonds not exceeding $15,000,000 running for a period not exceeding fifty years for the purpose of carrying out the construction of the station or stations. 35 Callable on and after March 1, 1949, on any interest date at 102. Called and paid on March 1, 1949. 26 Callable on and after March 1, 1952, on any interest date at 102. Called and paid on March 1, 1952. 309 Vol. IV App. Il New Orleans Studies Original issue: $15,000,000. Dated: January 1, 1948. Outstanding, January 1, 1953: Maturity: Serially, $14,776,000. January 1, 1953–56—4%. Interest rates: 4%, 2% 96 and January 1, 1957-87—2% 9%. 2% º. J º 1, 1988, 89 and 98– 2 2 /O e Note: These bonds are payable from the revenues of the operation of the station and secured by a mortgage on the station (in case of foreclosure, a franchise for a limited period is to be granted). 310 EXHIBIT V SYNDICATE MEMBERS WHO HAVE SERVED ON THE BOARD OF LIQUIDATION, CITY DEBT Year of Position Position Position Position Position Position Change II III IV V VI 1880 Joseph ë, 1981esley Edw. *V#s John Phelps Henry Gardes A. J. Gomilla Samuel H. Kennedy 1885 Jos. A. Shakespeare 1886 R. M. Walmsley 1888 J. C. Morris (P) John T. Hardie 1893 William B. Schmidt 1895 William T. Hardie 1896 Walter R. Stauffer 1901 A. Brittin Charles Janvier (VP) 1904 Ashton Phelps 1906 Charles J. Theard 1919 Charles Janvier R. S. Hecht (P) (P-Pro Tem.)” (VP) 1926 J. D. O’Keefe (P-Pro Tem.) 1927 Jas. P. Butler 1932 J. Blanc Monroe John Legier (VP) (P) 1935 E. T. George 1939 A. B. Patterson (VP) (P-Pro Tem.) 1944 Esmond Phelps (P-Pro Tem.) (P) (VP) 1951 Horace P. Phillips George G. Westfeldt 1952 Theodore Brent 1953 A. B. Freeman 27 Elected President. 38 Elected Vice President. 39 Elected President Pro Tempore. ë EXHIBIT VI HISTORY OF THE DEDICATIONS OF THE ONE PERCENT DEBT TAX AND TWO MILL SEWER AND WATER TAX, 1890–1950 INTRODUCTION One of the most confusing circumstances encountered in dealing with the material of the present constitution on the power of New Orleans to borrow money and tax is the inclusion of numerous dedications of proceeds of the 1% debt tax and 2 mill sewer and water tax. Although the authorizations for levying both these taxes have expired (for the 2 mill sewer and water tax, in 1942, and for the 1% debt tax, in 1950), thus rendering the dedications of these taxes obsolete, it is necessary for a proper under- standing of this constitutional material that the develop- ment of the dedications of these taxes be traced so that the position of the dedication or dedications made in any par- ticular section of the constitution can be properly placed in the entire picture. It is with this purpose in mind that the following outline has been compiled. The dedications of these taxes have been set out in chronological order and in connection with each a chart has been drawn showing the place of that dedication or those dedications in the en- tire hierarchy of dedications. Broken lines in these charts indicate previous and prior dedications while the unbroken lines indicate the dedication or dedications made by the provision under consideration. 1. ACT 110 OF 1890 Taac authorization—Section 7: authorizes levy of the 1% debt tax for fifty years from 1892. Dedications—Section 8: out of proceeds of the 1% debt tax, beginning in 1892, the Board of Liquidation is to: 1. Provide for carrying on the “Premium Bond plan;” 2. Pay interest on the Constitutional Bonds; 3. Pay interest on all other outstanding interest- bearing bonds of the city; 4. After 1925, pay installments to annual sinking fund necessary for retiring the Constitutional Bonds; 313 ...' New Orleans Studies Pay expenses of the Board of Liquidation; Pay any deficiency in the interest fund of any previous years. : Then, 7. Transfer one-half of surplus remaining to the credit of a special fund, the “permanent Public Improvement Fund,” to be used for public improve- ments of a permanent nature; 8. Pay one-half of the surplus remaining to the School Board of the city of New Orleans. In chart form: Proceeds, 1% Debt Tax | 1. Premium Bond Plan. 2. Interest on Constitutional Bonds. 3. Interest on Other Bonds of the City. 4. After 1925, Installments for Retiring Constitutional Bonds, 5. Expenses of Board of Liquidation. L_6. Interest Deficiencies of Previous Years. Surplus !/? % “Permanent Public School Board Improvement Fund” of City of New Orleans 2. ACT 6 OF 1899, E. S. Taa: awthorizations—Section 1: 1. Authorizes levy of 2 mill sewer and water tax until 1942. 2. Authorizes levy of 1% debt tax from 1942 until Public Improvement Bonds are retired (bonds dated 1900 with fifty year term). Dedications—Section 1: - Until 1942: to the one-half of the surplus of the 1% debt tax is to be added the proceeds of the 2 mill sewer and water tax, and these two funds are dedicated to: 1. Payment of interest on the Public Improvement Bonds to be paid by preference in each year (in- cluding interest in arrears). 314 Board of Liquidation, City Debt Vol. IV Eachibit VI App. l I 2. Any surplus, less 20% reserve from each year's surplus until a fund equal to one-half the yearly interest requirement of the Public Improvement Bonds is accumulated, to be used in extending and completing the sewerage, water, and drainage sys- tems. After 1942: Proceeds of 1% debt tax dedicated to re- tirement of the Public Improvement Bonds (bonds dated 1900 with fifty year term). In chart form: Until 1942: Proceeds, 2 Mill Sewer and Water Tax * % Proceeds, After 1942 (Until 1950): Proceeds, 1% Debt Tax Retirement of Public Improvement Bonds Public Improvement Fund Interest on Public Improvement Bonds Reserve Interest Fund Residue: Extending and Completing the Sewerage, Water, and Drainage Systems 3. ACTS 19 OF 1906 AND 116 OF 1908 Dedications—Act 19 of 1906, section 6: the residue re- maining each year until 1942 from one-half the surplus of the 1% debt tax plus the proceeds of the 2 mill sewer and water tax, after having met the requirements of the Public Improvement Bonds, is dedicated to: 1. Payment of interest on the New Public Improve- ment Bonds. 2. Section 7: After 1928 (until 1942), payment of annual sinking fund installment for the retirement of the New Public Improvement Bonds. If there is a surplus remaining after meeting the ob- ligations, it is to be used for: 3. Extending the sewerage, water, and drainage sys- tems. If there is a further surplus, it is to be 4. Put into a fund for expenditure by New Orleans for permanent public improvements such as pav- ing, etc. 315 ...'. New Orleans Studies Act 116 of 1908, section 2: this section merely points out that the dedication of proceds of these taxes to the obligations under the New Public Improvement Bonds is clearly subject to the prior dedication of these funds to the obligations under the Public Improvement Bonds and payable only out of the surplus remaining after meeting the obligations arising under the Public Im- provement Bonds. In chart form: (See the chart immediately preceding.) Public Improvement Fund * * * * * * * * * Reserve Interest Fund - tº - - - *- :-- ** = - - T TT * - - - - - * * * Fºs = * * * * * Interest and (After Residue: Extending and 1928) Principal on the New Completing the Sewerage, Public Improvement Bonds Water, and Drainage | Systems Residue: Extending the Sewerage, Water, and Drainage Systems Residue: Permanent Public Improvements 4. ACT 4 OF 1916 Dedications—Section 7: the principal and interest of all bonds “authorized by and to be issued under” this amendment are to be paid (primarily) as follows: 1. Out of the one-half of the surplus of the 1% debt tax which was dedicated by Act 110 of 1890 to the support and maintenance of public schools; and 316 Board of Liquidation, City Debt Vol. IV Eachibºt VI App. l I 2. After January 1, 1928, out of that portion of the 1% debt tax and 2 mill sewer and water tax which has been released and freed from dedication either by calling and refunding or the payment in due course of all or any part of the bonds existing at the time of the adoption of this amendment. Section 8: any residue remaining after meeting the obligations under the bonds issued under this amend- ment is to be turned over to the city of New Orleans to be used for general municipal purposes. In chart form: Proceeds, 2 Mill Sewer and Water Tax Proceeds 1 % Debt Tax % Public Improvement Fund & ſ | Interest on Public Improvement Bonds U. Funds Released | ! r from Prior Dedications Reserve Interest Fund l t (Previous Dedications) Surplus * % Public Schools Interest and Principal of Bonds Issued under Act 4 of 1916 | Interest and (After 1928) Principal on the New Public Improvement Bonds Residue: Tºxtending Sewerage, Water and Drainage Systems Residue: Permanent Public Improvements Residue: City of New Orleans for General Municipal Purposes 317 ...'" New Orleans Studies 5. ACT 182 OF 1924 (Amending Constitution of 1921, Article XIV, Section 24) Dedications—Any residue remaining after meeting the ob- ligations under bonds issued under Act 4 of 1916 is to be distributed as follows: 1. To the Sewerage and Water Board for construction purposes in extending the systems of Sewerage, water, and drainage—a sum equal to the surplus in each year of the Public Improvement Fund which is: (a) One-half of the surplus of the proceeds of the 1% debt tax; plus (b) The proceeds of the 2 mill sewer and water tax; less (c) Interest on the Public Improvement Bonds, and (d) Interest and principal of the New Public Im- provement Bonds. 2. To the city of New Orleans for general municipal purposes—any balance remaining. In chart form.: (See the chart immediately preceding.) One-half Surplus of Proceeds of 1% Debt Tax tº tº ºme sº sº me -T- - - - - - - | . . . . ------- --------- Funds of the Public Improvement; | Interest and Principal of Fund released from prior :- - - - - - -- Bonds Issued Under Act No. dedications ; ! 4 of 1916 Residue: City of New Orleans for General Municipal Purposes Residue An amount equal to the Balance . residue remaining in the Public Improvement Fund after meeting Old and New Public Improvement Bond Obligations Sewerage and Water Board for Con- City of New Orleans struction in Extending the Sewer- for Gene - - age, Water, and Drainage Systems ral Municipal Purposes 318 Board of Liquidation, City Debt Vol. IV Eachibit VI App. ii 6. ACT 3 OF 1927, E. S. (XIV, 24.2-24.11) and ACT 2 OF 1930, E. S. (XIV, 24.12–24.22) Dedications— 1. By Act 3 of 1927, E. S., section 3 : the residue dedicated by Act 182 of 1924 to the Sewerage and Water Board is dedicated as follows: (a) To principal and interest of any bonds issued under this amendment; and (b) Any residue to be used by the Sewerage and Water Board for construction purposes in ex- tending the sewerage, water, and drainage Systems. 2. By Act 2 of 1930, E. S., section 4: the residue dedi- cated by Act 182 of 1924 to the city of New Orleans for general municipal purposes is dedicated as follows: (a) To principal and interest of the bonds author- ized by and issued under this amendment; and (b) Any residue to be turned over to the city of New Orleans for general municipal purposes. In chart form: (See chart immediately preceding). (Prior Dedications) tº cº-º cº- tº tº T ſº- ºg - L tº [. = = * * * * = Surplus gms m ms m ms m ºr sºn m = m ms m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . = = - - - - - - - - - - - - - - : An amount equal to the Balance i tº tº ſº tº gº tº |H------ I surplus remaining in the - - - - - - - - - - - - Sewerage and Public Improvement Fund City of New Water Board for I after meeting Old and New Orleans for General Construction in Public Improvement Bond Municipal Purposes extending the Obligations Sewerage, Water, and Drainage Systems Interest and Principal Interest and Principal on Bonds Issued Under on Bonds Issued Under Act 3 of 1927, E. S. Act 2 of 1930, E. S. (XIV. 24.2-24.11) (XIV, 24.12-24.22) Residue: Sewerage and Water Board Residue: City of New Orleans for for Construction in Extending the General Municipal Purposes Sewerage, Water, amd Drainage Systems 319 Vol. ...'. New Orleans Studies 7. The following is a composite chart of the dedication of the proceeds of these taxes after 1930. Proceeds, 2 Mill Proceeds, Sewerage and Water Tax 1%. Debt Tax Until 1942. After 1942 Retirement Principal of Public Improve- ment Bonds* 1. (Premium Bond Plan—Premium Bonds all retired in 1925) 2. Interest on Constitutional Bonds 3. Interest on Other City Bonds 4. After 1925, Principal Install- - ments on Constitutional Bonds 5. Expenses of Board of —- Liquidation 6. Interest Deficiencies of Tº Previous Years Surplus | JA Public Improvement Fund º | Interest on Public Improvement Bonds | > Released Interest and Principal of Bonds Reserve Funds Issued Under Act 4 of 1916 Interest Fund ! % Surplus ... Interest and (After 1928) Principal on the . Public I ment Bon Fºllº. **— : An amount equal to the surplus remaining ! in the Public Improvement Fund after : I meeting Old and New Public Improvement : Bond Obligations Balance l Principal and Interest Principal and Interest of of Bonds Issued Under Act 3 Bonds Issued Under Act 2 of of 1927, E. S. 1930, E. S. Residue: Sewerage and Water Board for Residue: City of New Orleans for Construction in Extending the Sewerage, General Municipal Purposes Water, and Drainage Systems * Originally, the entire proceeds of the 1% debt tax were dedicated after 1942 to the retirement of the Public Improvement Bonds and an additional special debt tax was to be levied to meet other bond obligations. However, a plan for the retirement of the Public Improvement Bonds was adopted whereby they were retired between 1942 and 1950 and the proceeds of the 1% tax were used to meet all bond obligations during this period. 320 Board of Liquidation, City Debt Vol. IV Eachibit VI App. ii BIBLIOGRAPHY Statistical Compilations Financial Statistics of Cities, Department of Commerce, Bureau of the Census (Washington: U. S. Printing Office), annual publication—1909 to date. Smith, A. M., Compilation of Louisiana State and Municipal Bonds (New Orleans: H. N. Cornay, 1938). , A Consolidated Supplement for the Years 1938 to 1947 to the Compilation of Louisiana State and Municipal Bonds (New Orleans: H. N. Cornay, 1947). , A Supplement to the Compilation of Loui- siana State and Municipal Bonds (New Orleans: H. N. Cornay, 1948). and Rives, Compilation of Louisiana State and Municipal Bonds (1949) with Supplement (New Orleans, 1953). Departmental Reports Annual Report of the Comptroller's Office, 1842-1869, 1900- 1911, New Orleans. Annual Report of the Department of Public Finance, 1912- date, New Orleans. Semi-Annual Statement of the Board of Liquidation, City Debt, 1892-date, New Orleans. Newspapers The New Orleans Times, 1879-1881. The Times-Democrat, 1881-1914. The Times-Picayune, 1914-date. SECONDARY SOURCES Books Buck, A. E., Municipal Finance (New York, Macmillan Co., 1926). Chatters, Carl H. and Hillhouse, Albert M., Local Govern- nent Debt Administration (New York: Prentice-Hall, 1939). Hillhouse, Albert M., Municipal Bonds—A Century of Ez- perience (New York: Prentice-Hall, 1936). Kendall, John Smith, History of New Orleans (Chicago and N. Y.: Lewis Publishing Co., 1922), Vols. I-III. 321 ...' New Orleans Studies National Industrial Conference Board Report, A Fiscal and Administrative Survey of the City of New Orleans, Submitted to the Commission Council of the City of New Orleans by the New Orleans Taac Revision Com- nºission, December 5, 1933 (New Orleans, 1933). Pfiffner, John M., Municipal Administration (New York: Ronald Press, 1940). Reynolds, George Milton, Machine Politics in New Orleans, #ſº (New York: Columbia University Press, 1936). Rightor, Henry, ed., Standard History of New Orleans (Chicago and N. Y.: Lewis Publishing Co., 1900). See chapter 4 “Municipal Government,” by Norman Walker. Upson, Lent D., Practice of Municipal Administration (New York: Century Co., 1926). Zink, Harold, Government of Cities in the United States (New York: Macmillan Co., 1939). Periodical Literature Campbell, Ben A., “Municipal Bonds and Certificates of Indebtedness in Louisiana,” 2. Louisiana Municipal Re- view 9-14 (Nov.-Dec., 1939). Hart, William Octave, “An Interesting Incident in Connec- tion with New Orleans Premium Bonds,” 8 Louisiana Historical Quarterly 248-251 (April 1925). Kintzley, Russ, “Premium Bond Plan Saves New Orleans. from Bankruptcy,” New Orleans States, January 3, 1940 (Special article). Lancaster, Lane W., “State Limitations on Local Indebted- ness,” The Municipal Year Book, 1936 (Chicago: In- ternational City Managers Association, 1936). McLoughlin, James J., “Municipal Indebtedness—New Or- leans,” 25 Annals of the American Academy of Political and Social Science 624–627 (June 1905). “Organization of the Sewerage and Water Board of New Orleans,” 24 American City 261-262 (March 1921). Phillips, Horace P., “Bonded Debt of New Orleans, 1822-1920, Inclusive,” 3 Louisiana. Historical Quarterly 596–611 (October 1920). Monographs Hecht, Rudolph S., Municipal Finance of New Orleans, 1860–1916 (New Orleans: Hibernia Bank and Trust Co., 1916). - Phillips, Horace P., History of the Bonded Debt of the City of New Orleans, 1822-1933 (New Orleans, 1933), A private publication. 322 APPENDIX III A. PROVISIONS OF THE PRESENT CONSTITUTION RELATING TO THE POWER OF NEW ORLEANS TO BORROW MONEY AND TAX PROPERTY INTRODUCTION The following provisions are those of the present con- stitution dealing with the power of New Orleans to incur indebtedness, issue bonds, and tax property. The provi- sions are taken from the 1948 edition of the Louisiana Con- stitution of 1921 published by the secretary of state and from the official publications by the secretary of state of the 1950 and 1952 amendments to the constitution. The order in which the provisions are presented is that in which they appear in the constitution. No attempt has been made to group them according to specific subject matter concerned. The lines of each section have been numbered so that simple and accurate reference may be made to the analyses made in the “Analysis” portion of Chapters 4, 5, and 6. 325 : i : : ARTICLE X. REVENUE AND TAXATION. :: :: >}: Section 10. . . . The City of New Orleans may further levy a special tax not to exceed one-fifth of one mill on the dollar of its assessed valuation for the purpose of estab- lishing and maintaining a zoological garden in that city, provided that the rate, purpose and duration of such special tax shall have been submitted to the resident property tax- payers qualified to vote in said city, and a majority of those voting, in number and amount, shall have voted in favor thereof. . . . :k >k >}: ARTICLE XII. PUBLIC EDUCATION. >}: :}; >}: Section 16 (As amended by Act 537 of 1948). The Orleans Parish School Board, or its successor in law, shall levy annually a tax not to exceed ten (10) mills on the dollar on the assessed valuation of all property within the City of New Orleans assessed for city taxation and shall certify the fact to the Commission Council of the City of New Orleans, or other governing body of said City, which shall cause said tax to be entered on the tax rolls of said City, and collected in the manner and under the conditions and with the interest and penalties prescribed by law for city taxes. The money thus collected shall be paid daily to said board. No portion of said tax in excess of three and three-fourths (3%) mills shall be used for the purpose of purchasing, constructing, repairing and maintaining buildings for public school purposes; for the purchase, repairs and renewal of physical equipment; for fuel, light and power; and for janitors’ salaries; provided that this amendment shall in no way affect rights already acquired by holders of bonds of said Board already issued. The Orleans Parish School Board may incur indebted- ness and issue negotiable promissory notes, bonds or other evidences of debt, to bear no greater rate of interest than other municipal bonds, to run not more than forty years, the principal and interest thereof payable as said board may determine, for the purposes of purchasing grounds, 327 Vol. IV App. l Il New Orleans Studies 26 constructing and repairing buildings for public school uses, 27 based upon said three and three-fourths (3%) mills tax; 28 and there shall be levied and collected annually for the 29 years during which any of said obligations may be out- 30 standing a tax not exceeding said three and three-fourths 31 (3%) mills sufficient to pay the principal and interest 32 thereof. 33 In addition to this ten (10) mills tax, the Orleans 34 Parish School Board, or its successor in law, when so 35 authorized by a vote of a majority, in number and amount, 36 of the qualified property taxpayers of the City of New 37 Orleans, who vote at an election held for the purpose in 38 the manner provided for the issuance of bonds, shall levy 39 an additional tax not to exceed five (5) mills on the assessed 40 valuation of all property within the City of New Orleans 41 assessed for city taxation, said additional tax to be cer- 42 tified, levied and collected in the same manner as the ten 43 (10) mills tax hereinabove provided for. No portion of 44 this five (5) mills tax in excess of four (4) mills shall be 45 used for the purpose of purchasing, constructing, repair- 46 ing and maintaining, buildings for public school purposes; 47 for the purchase, repairs and renewal of physical equip- 48 ment; for fuel, light and power; and for janitors’ salaries; 49 provided that this amendment shall in no way affect rights 50 already acquired by holders of bonds of said Board already 51 issued. 52 If and when said additional five (5) mills tax has been 53 approved by said taxpayers’ election the Orleans Parish 54 School Board shall have the right to incur indebtedness 55 and issue negotiable promissory notes, bonds or other evi- 56 dences of debt, to bear no greater rate of interest than other 57 municipal bonds, to run not more than forty years, the 58 principal and interest thereof payable as said board may 59 determine, for the purpose of purchasing grounds, con- 60 structing and repairing buildings for public school uses, 61 based upon four (4) mills of said five (5) mills tax; in 62 which event there shall be levied and collected annually 63 for the years during which any of said obligations may 64 be outstanding an additional tax not exceeding said four 65 (4) mills sufficient to pay the principal and interest thereof. 66 All obligations issued under this section shall be ex- 67 empted from taxation of every kind and a legal investment 68 for persons non Sui juris, and as security for all public 69 deposits. : ARTICLE XIV. PARO CHIAL AND MUNICIPAL AFFAIRS. sk Sk :k Section 23. The special tax for public improvements, voted by the property taxpayers of the City of New Orleans, on June 6, 1899, and levied by the City Council by Ordi- 328 Power to Borrow and Taac © e e te Vol. IV Constitutional Provisions App. Ill 1 i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 nance No. 15391, approved June 22, 1899, is hereby ratified, and its validity shall never be qustioned. The special act adopted by the Legislature at the special session held on August 8, 1899, constituting the Sewerage and Water Board of the City of New Orleans, authorizing the City of New Orleans to issue bonds and providing the means to pay the principal and interest thereof, and for other purposes cognate to the purpose of the special tax aforesaid, is hereby ratified and approved, specially including therein reserved legislative right to amend the same; with the exception that in fixing the rates to be charged private consumers of water, taken from the public water supply of the City of New Orleans, the Sewerage and Water Board shall base said rates so as to provide for the maintenance and opera- tion of the said water system and the public and private supply therefrom, and the cost of maintenance and opera- tion of the public sewerage system; and the City of New Orleans shall be hereafter relieved of the duty of provid- ing in its annual budget or otherwise for the maintenance and operation of the sewerage and water systems; and the said board shall be authorized to use the collections from water rates charged to private consumers for the maintenance and operation of the public water system, and the public and private supply therefrom, and the cost of maintenance and operation of the public sewerage sys- tem, and the creation of a sinking fund for an ultimate renewal of said systems; and any surplus existing after providing for the uses aforesaid, may be used for the maintenance and operation of the public drainage system; provided, that the rates charged private consumers shall never exceed the total rates charged private consumers by the Sewerage and Water Board, in force November 1, 1913, unless otherwise authorized by the Legislature, pro- vided, the water rates shall never exceed the cost of operat- ing and maintaining the water, sewerage, and drainage systems, and all extensions, replacements, repairs and bet- terments. The Sewerage and Water Board is authorized to con- tract with parties having franchises for that purpose to supply water to consumers in the adjoining parishes, at rates to be fixed by the Sewerage and Water Board. The provisions of Act 19 of 1906, and of Act 116 of 1908, relating to the issuance by the City of New Orleans of new public improvement bonds to the extent of Eight Million Dollars ($8,000,000.00), are also ratified and ap- proved, and the respective amendments to the Constitution carrying same into effect are reaffirmed. Section 23.1 (Added by Act 197 of 1938). It shall be the duty of the Commission Council of the City of New Orleans or its successor, as the governing body of said 329 Vol. IV App. l l I New Orleans Studies 4 City of New Orleans, to levy and collect for the year 1942, 5 and annually thereafter for a term of fifty years, a special 6 ad valorem tax of two (2) mills on the dollar upon all 7 the taxable property, real, personal and mixed, in the City 8 of New Orleans; said tax to be levied over and above all 9 other taxes now authorized to be levied by the City of 10 New Orleans. The proceeds of said special tax shall be 11 paid over to the Board of Liquidiation, City Debt, day 12 by day as the same is collected by the proper officials of 13 the City of New Orleans, and such proceeds shall be used 14 Solely and exclusively for the construction and extension 15 of the sewerage, water and drainage system of the City 16 of New Orleans and shall be deposited with the fiscal 17 agent banks of the Board of Liquidation, City Debt, to 18 the credit of a special fund called “Construction and 19 Extension Fund of the Sewerage and Water Board.” 20 All the provisions, conditions and limitations contained 21 in Act No. 6 of the Extra Session of the General 22 Assembly of the State of Louisiana for the year 1899, 23 and all laws amendatory thereof, affecting the use and 24 expenditure of the residue or surplus remaining in the 25 Public Improvement Fund shall apply to the use and 26 expenditure of the proceeds of the said two (2) mills 27 tax to be levied and collected under this amendment. 28 All disbursements made by the Sewerage and Water 29 Board out of the proceeds of said fund shall be in the 30 form of warrants or drafts on the Board of Liquidation, 31 City Debt, setting forth the amount thereof, the persons 32 to whom payable, and the purpose for which the payment 33 is made; and the Board of Liquidation, City Debt, is 34 charged with the duty of taking care that no irregular 35 or improper or unlawful payments are made out of said 36 special tax fund. 37 The Board of Liquidation, City Debt, as now organized 38 and created, and with the powers, duties and functions 39 prescribed by existing laws and by this amendment, shall 40 be continued as long as said special tax is levied and col- 41 lected under this amendment. 42 The provisions hereof are self-operative and the City 43 of New Orleans and the several boards and bodies herein 44 referred to shall carry the same into effect. 1 Section 23.2 (Added by Act 533 of 1948). It shall be 2 the duty of the Commission Council of the City of New 3 Orleans, or its successor, as the governing body of said 4 City of New Orleans, to levy and collect for the year 1951, 5 and annually thereafter for a term of fifty (50) years, a 6 special ad valorem tax of three (3) mills on the dollar, 7 upon all taxable property, real, personal and mixed, in 8 the City of New Orleans. The proceeds of said three (3) 9 mills tax shall be paid over to the Board of Liquidation, 330 Power to Borrow and Taac e § tº t Vol. IV Constitutional Provisions App. Ill City Debt, day by day as the same is collected by the proper officials of the City of New Orleans and such pro- ceeds shall be used solely and exclusively for the construc- tion and extension of the sewerage, water and drainage Systems of the City of New Orleans and shall be “deposited With the fiscal agent banks of the Board of Liquidation, City Debt, to the credit of a special fund called “Construc- #. º: Extension Fund of the Sewerage and Water Oard’.” PROVIDED, should the tax authorized to be levied by the City of New Orleans in any one year for bonded debt purposes under the provisions of Act 4 of 1916, as amended, and Act 3 of the Extra Session of 1927, as amended, exceed seven (7) mills, the tax hereby author- ized shall be reduced in proportion to the excess, and when the levy of said tax for bonded debt purposes under the said two acts above referred to (which acts as amended now form part of the Constitution of Louisiana) reaches or exceeds ten (10) mills, the tax hereby authorized by this amendment shall be suspended. The intention of this act is that if the tax levied by the City of New Orleans in any one year for bonded debt purposes, plus the tax of six and one-half (61%) mills authorized to be levied by the City of New Orleans for general municipal purposes as authorized by said Act 4 of 1916, as amended, shall exceed in the aggregate thirteen and one-half (131/2) mills in any one year, the tax hereby authorized shall be reduced or suspended so as to remain within the limitation of sixteen and one-half (16%) mills as provided by Sec- tion 15 of Act 4 of 1916, and provided further, that this amendment, if adopted as part of the Constitution of Louisiana, shall not affect the right, power and authority of the City of New Orleans to levy a tax on all taxable property in the City of New Orleans sufficient to pay the principal and interest on any bonds of the City of New Orleans now issued and outstanding or which may be issued in the future under the provisions of said Act 4 of 1916, as amended, and said Act 3 of the Extra Session of 1927, as amended, which said acts now form part of the Constitution of Louisiana “and provided further, that this amendment, if adopted, shall not affect the right, power and authority of the City of New Orleans to issue bonds in the future as is provided for in said Act 4 of 1916, as amended, and Act 3 of the Extra Session of 1927, as amended, and which said Acts as amended now form part of the Constitution of Louisiana, and provided further that if this amendment is adopted as part of the Constitu- tion of Louisiana, that the tax authorized herein shall be in addition to the tax now authorized by Act 137 of the Regular Session of the Legislature of Louisiana for the year 1938, which said act was adopted and now forms 331 Vol. IV App. ill New Orleans Studies 61 part of the Constitution of Louisiana.” All disbursements 62 made by the Sewerage and Water Board out of the pro- 63 ceeds of said fund shall be in the form of warrants or 64 drafts on the Board of Liquidation, City Debt, setting 65 forth the amount thereof, the persons to whom payable, 66 and the purpose for which the payment is made; and the 67 Board of Liquidation, City Debt, is charged with the 68 duty of taking care that no irregular or improper or 69 unlawful payments are made out of said special tax fund. 70 The Board of Liquidation, City Debt, as now organized and 71 created and with the powers, duties and functions pre- 72 scribed by existing laws and by this amendment shall be 73 continued as long as said special tax is levied and collected 74 under this amendment. 75 The provisions hereof are self-operative and the City 76 of New Orleans and the several boards and bodies herein 77 referred to shall carry the same into effect. 1 Section 24 (As amended by Act 182 of 1924). The pro- 2 visions of Act No. 110 of the General Assembly, approved 3 July 8, 1890, and Act No. 4, approved June 8, 1916, (except 4 insofar as said latter Act shall have been altered, super- 5 seded or repealed by Act No. 51 of 1920), respectively, and 6 the respective amendments to the Constitution of this State, 7 ratifying and carrying same into effect are hereby recog- 8 nized as being in full force and effect, and all of the rights, 9 powers, duties and functions of the Board of Liquidation, 10 City Debt, in connection with or respect to the several 11 classes of bonds issued or to be issued in accordance with 12 said statutes and amendments, and all vested rights of the 13 present or future holders of said bonds, or any of them, 14 are hereby recognized, maintained and preserved, except 15 that Section 8 of said Act No. 4 of 1916, is amended and 16 shall hereafter read as follows, to-wit: 17 “Section 8. (a) It is hereby intended that all existing 18 dedications and appropriations of said one per cent debt 19 tax authorized by said Act No. 110 of 1890 (except with 20 respect to the said one-half of the surplus of the one per 21 cent debt tax therein dedicated to public schools), and of 22 said two-mill water and sewer tax, authorized by said Act 23 No. 6 of 1899, shall be respected and performed according 24 to the priorities of said statutes established; that all of 25 that portion of the funds resulting from the levy of said 26 taxes which shall be released from said appropriations and 27 dedications by the payment, satisfaction or refunding of 28 any of the bonded debt obligations now charged thereon 29 and there-against shall, together with the one-half of the 30 surplus of the one per cent debt tax heretofore dedicated 31 to public school purposes be used and applied to the pay- 32 ment of the principal and interest of all bonds issued under 33 this amendment; that any residue thereof remaining, after 332 Power to Borrow and Taac Vol. IV Constitutional Provisions App. Ill 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 the payment of principal and interest in any one year of bonds authorized by this amendment, shall be dedicated to the purposes and paid over by the Board of Liquidation, City Debt, in accordance with the provisions of paragraph (b) hereof; but when, and to the extent that, the obliga- tion now charged on said taxes shall be paid, satisfied or refunded, said taxes shall be released from said obligation, and, ultimately, when entirely released and discharged, Shall cease to be levied; and, that, thereafter, any and all bonds issued under this amendment shall be provided for by a tax upon all taxable property in the City of New Orleans sufficient to pay the principal and interest of said bonds as they respectively become due ; provided, however, that, in the event the funds hereinabove specially dedicated for the payment of the principal and interest of the bonds issued under this amendment should prove insufficient, the City of New Orleans shall, and it is hereby required to, levy in every such instance a tax upon all taxable property in the City of New Orleans necessary to pay the principal and interest of said bonds. “(b) The residue in paragraph (a) above referred to is dedicated and shall be paid by the Board of Liquidation, as follows: (1) to the Sewerage and Water Board of New Orleans for construction purposes in extending the public Systems of sewerage, water and drainage a sum equal to the surplus in each year of the public improvement fund— said surplus being defined as that amount which shall remain in the public improvement fund created and estab- lished by Act No. 6 of 1899, and resulting from the pro- ceeds of the one-half of the surplus of the one per cent debt tax and the two mill tax, after paying or providing in each year for the interest on the public improvement bonds as provided for in said Act No. 6 of 1899 and the interest and principal on the new public improvement bonds as pro- vided for in Act 19 of 1906; and (2) any balance of said residue remaining shall be paid over to the City of New Orleans for general municipal purposes; provided, how- ever, that the dedication of that portion of said residue accruing from the surplus of the said special two-mill tax to the Sewerage and Water Board of New Orleans, as here- inabove provided for, shall cease when the two-mill tax authorized by Act No. 6 of 1899 shall cease to be levied under existing laws. “No limitation imposed by other provisions of this Con- stitution upon the authority of the City of New Orleans shall be held to include, apply to or affect the powers and rights herein confirmed. The Board of Liquidation, City Debt, shall have power to fix the salary of its secre- tary. “The City of New Orleans, through the Board of Liqui- dation, City Debt, shall have authority to issue registered 333 App App . | New Orleans Studies 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 bonds in exchange for equal amounts of outstanding four per cent coupon bonds of the City of New Orleans, having the same time to run, bearing the same rate of interest and having the same guarantees and privileges as are secured to the holders of coupon bonds by Act 110 of 1890, and Said registered bonds shall be denominated, ‘Registered Constitutional Bonds of the City of New Orleans, author- ized by Act 110 of 1890.’” (Added by Act 178 of 1924). The City of New Orleans may issue for street paving purposes certificates on its faith and credit pursuant to legislative authority to an amount not in excess of any special assessments which have been or shall be made for such purposes. Such paving cer- tificates hereafter issued shall be chargeable primarily against the special assessments in respect of which they are issued, and secondarily against the revenues of the City of New Orleans derived from taxation for general municipal purposes and from sources other than the taxes for the pay- ment of the principal and interest of the bonds now out- standing or hereafter issued under Act No. 4 of the Legis- lature of 1916, confirmed by Section 24 of Article XIV of the Constitution of this State, which revenues shall be ap- plied in payment of such paving certificates only in the event and to the extent that such special assessments shall be insufficient for such payment, and reimbursement shall be made to the general funds of the City of New Orleans when the assessments are collected to the extent of the amount that the said general funds shall have contributed to the payment aforesaid. So much of Act 23 of the General Assembly of Louisiana for the year 1914 and amendments thereto as may be incon- sistent here with is hereby repealed, and hereafter no pav- ing certificates shall be issued upon the pledge of the reserve fund of the City of New Orleans, but such certificates shall be secured as herein and as otherwise provided for by Act or amendments or subsequent legislative authority not in conflict herewith ; provided, however, that paving certifi- cates for which the faith and credit of the City of New Orleans shall be pledged, whether issued under said Act 23 of 1914, or amendments thereto, or hereunder, or under subsequent legislation, shall not be issued in excess of any special assessments which shall have been or shall be made for such purposes, as hereinabove provided for, and shall not at any one time be outstanding in an amount in excess of Fifteen Million ($15,000,000.00) Dollars in face value, except paving certificates may be outstanding at any one time at such amount in excess of Fifteen Million ($15,- 000,000.00) Dollars as may be fixed by two-thirds vote of all the members of the Commission Council, or its successor as the governing body of the City of New Orleans, con- 334 Power to Borrow and Taa, © g a tº e e Vol. IV Constitutional Provisions App. Ill 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 curred in by three-fourths vote of all the members of the Board of Liquidation, City Debt; and provided further that the rights and priorities of the holders of paving certifi- cates, issued and outstanding at the date of the adoption of this amendment, shall not be affected or impaired hereby. The Commission Council of the City of New Orleans, or its successor as the governing body of said City, shall, be- ginning with the budget for the year 1925, annually budget and appropriate out of the general revenues of the City of New Orleans derived from taxation for general municipal purposes a sum of not less than Four Hundred Thousand ($400,000.00) Dollars, and shall dedicate, use and employ the monies so budgeted and appropriated for the payment of the City’s proportion of the cost of pavement of streets and roadways, including subsurface drainage, as may be from time to time established and provided by law; pro- vided that said appropriation shall not impair or affect the priorities of the holders of any public improvement cer- tificates and paving certificates now outstanding and for which the faith and credit of the City of New Orleans and said revenues are pledged under existing laws. This amendment shall be self-operative. (Added by Act 205 of 1928). The City of New Orleans may issue for street paving purposes, street widening and straightening, lighting and tree planting certificates on its faith and credit pursuant to legislative authority to an amount not in excess of any special assessments which have been or shall be made for such purposes. Such paving or other certificates hereafter issued shall be chargeable pri- marily against special assessments in respect of which they are issued, and secondarily against the revenues of the City of New Orleans derived from taxation for general munici- pal purposes and from sources other than the taxes for the payment of the principal and interest of the bonds now out- standing or hereafter issued under Act No. 4 of the Legisla- ture of 1916, confirmed by Section 24 of Article XIV of the Constitution of this State, which revenues shall be applied in payment of such paving or other certificates only in the event and to the extent that such special assessments shall be insufficient for such payment, and reimbursement shall be made to the general funds of the City of New Orleans when the assessments are collected to the extent of the amount that the said general funds shall have contributed to the payment aforesaid. So much of Act 23 of the General Assembly of Louisiana for the year 1914, and amendments thereto as may be in- consistent herewith is hereby repealed, and hereafter no paving or other certificates shall be issued upon the pledge of the reserve fund of the City of New Orleans, but such certificates shall be secured as herein and as otherwise pro- 335 Vol. IV App. ||| New Orleans Studies I85 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 vided for by Act or amendments or subsequent legislative authority not in conflict here with ; provided, however, that paving certificates, or any local improvement certificates, for which the faith and the credit of the City of New Or- leans shall be pledged, whether issued under said Act No. 23 of 1914, or amendments thereto, or hereunder, or under subsequent legislation, shall not be issued in excess of any special assessment which shall have been or shall be made for such purposes, as hereinabove provided for, and shall not at any one time be outstanding in an amount in excess of Fifteen Million ($15,000,000.00) Dollars, in face value, except paving certificates may be outstanding at any one time at such amount in excess of Fifteen Million ($15,000,- 000.00) Dollars as may be fixed by two-thirds vote of all the members of the Commission Council, or its successors as the governing body of the City of New Orleans, and pro- vided, further, that the rights and priorities of the holders of paving certificates issued and outstanding at the date of adoption of this amendment, shall not be affected or im- paired hereby. The Commission Council of the City of New Orleans, or its successors as the governing body of said City, shall annually budget and appropriate out of the general rev- enues of the City of New Orleans derived from taxation a sum of not less than Four Hundred Thousand ($400,- 000.00) Dollars, and shall dedicate, use and employ the monies so budgeted and appropriated for the payment of the City’s proportion of the cost of pavement of streets and roadways, including sub-surface drainage, as may be from time to time established and provided by law; provided that said appropriation shall not impair or affect the priorities of the holders of any public improvement certificates and paving certificates now outstanding and for which the faith and credit of the City of New Orleans and said revenues are pledged under existing laws. This amendment shall be self-operative. (Added by Act 340 of 1936). Except as otherwise pro- vided in this amendment, the City of New Orleans shall not borrow money, issue bonds, notes or other evidences of in- debtedness or pledge its credit or anticipate the collection of any of its taxes. Money borrowed for the City of New Or- leans, including the Police Board of the City of New Orleans and the Board of Commissioners of the Fire Department of the City of New Orleans, shall be borrowed only by the said City of New Orleans and only in accordance with the pro- visions of this amendment. No authorization shall be required for such loans other than a resolution adopted by a majority of the Commission Council which shall have been published in one issue of a daily newspaper of general circulation in the City of New 336 Power to Borrow and Taa: * is a º © º Vol. IV Constitutional Provisions App. 1 || 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 25 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 Orleans. Nor shall any formality be required to make such loans and pledges, mortgages, or hypothecations securing same effective, other than the execution of a written con- tract with the said City of New Orleans. Any loan made pursuant to any such resolution shall be conclusively deemed to be secured by all taxes as hereinafter defined, unless otherwise expressly stated in such resolution. Nor shall the validity of any such loan or of the security thereof be affected or impaired by the application of the proceeds of such loan, when the resolution authorizing same recites that the loan is being made for a purpose which is author- ized by this Constitution. No money shall be drawn from the treasury of said City without specific appropriation therefor previously made, nor shall said City make any contract or incur any debt or obligation for any purpose whatsoever unless sufficient funds not otherwise appropriated to pay and discharge same are actually in the treasury of said City at the time of making the contract or incurring the debt or obligation and are specifically set aside and dedicated to said purpose, unless herein otherwise provided. The foregoing limitation and restriction shall not apply or be held to apply to con- tracts or obligations incurred with respect to the furnish- ing to said City of light, heat, power, water, telephone Service or garbage removal or destruction. The City may utilize any unpledged revenues and any equity in pledged revenues accruing to it for the calendar year 1935, and previous calendar years, for the payment of or as additional security for, any money borrowed prior to December 31, 1935, or for the payment of any other valid existing obligation, secured or unsecured, incurred prior to said date; and the City may sell, pledge, mortgage, or other- wise hypothecate any of its property, real or personal, not needed for its municipal purposes and not subject to any dedication or trust heretofore created, in order to pay or additionally secure any such loans, or to pay any such other valid existing obligations, secured or unsecured, incurred prior to December 31, 1935. The said City may, in any calendar year subsequent to December 31, 1935, in anticipation of the collection of the taxes of such calendar year, and for any of the purposes for which such taxes are levied, including the payment of the expenses of the Police of the City of New Orleans and the Board of Commissioners of the Fire Department of the City of New Orleans, borrow such sums as shall not be in excess of the amount of the uncollected taxes of such year, and may issue its notes or other evidences of indebtedness therefor and such sum, notes or other evidences of indebtedness shall be payable only out of the taxes of the calendar year in which said loan or loans are first made and for which in- 337 Vol. IV App. 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 | || New Orleans Studies debtedness said taxes shall be pledged, and said indebted- ness shall not be payable out of any other funds or monies whatsoever. The word “taxes” as used herein shall include license taxes, franchise taxes and taxes upon real and per- Sonal property, including the surplus of the 1 per cent. tax collected under Section 7 of the Constitutional Amendment embodied in Act 4 of 1916, and the 3 mill tax authorized under Section 25 of this Article XIV of the Constitution of the State of Louisiana of the year 1921, as amended, and also includes all interest and penalties upon all such taxes. No money shall be borrowed by the said City except for municipal purposes of the current calendar year, and in no event shall any money be borrowed by said City to make or pay for works of public improvement. When in any year loans are made to said City in anticipation of uncollected taxes, no reduction in assessments of such year as same appear on the rolls returned to the Board of Assessors of the Parish of Orleans by the Louisiana Tax Commission shall be made, except to correct a dual assessment, or except to correct an assessment of property which is exempt under the Constitution, or except to correct a manifest clerical error in an assessment, unless such reduction has been authorized by a final judgment or a court competent juris- diction, nor shall any redemption or other law be passed which would relieve the tax debtors from paying in full the taxes levied under such assessments, until such loans shall have been repaid in full, in principal and in interest; nor shall any other law be passed which would lessen or impair the security of such loans. It shall be the ministerial duty of the authorities charged with the enforcement of the collec- tion of taxes due to the City of New Orleans to cause to be sold for said taxes, all property upon which taxes are not paid. Beginning with taxes due for the calendar year 1937, said sales shall be made not later than the first day of Octo- ber of the calendar year next succeeding the year in which said taxes become delinquent. This ministerial duty may be enforced by the pledges of said taxes by mandamus. Said City may issue for street paving purposes certificates on its faith and credit pursuant to legislative authority, to an amount not in excess of any special assessments which have been or shall be made for such purposes. Such paving certificates hereafter issued shall be chargeable primarily against the special assessments in respect of which they are issued, and secondarily against the revenues of the City of New Orleans derived from taxation for general municipal purposes and from sources other than the taxes for the payment of the principal and interest of the bonds now out- standing or hereafter to be issued under this amendment, which revenues shall be applied in payment of such paving certificates only in the event and to the extent that such 338 Power to Borrow and Taa: Vol. IV Constitutional Provisions App. I'll 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 special assessments shall be insufficient for such payment, and reimbursement shall be made to the general funds of the City of New Orleans when the assessments are collected to the extent of the amount that the said general funds shall have contributed to the payment aforesaid. So much of Act No. 23 of the General Assembly of the State of Louisiana for the year 1914 as may be inconsistent herewith is hereby repealed, and hereafter no paving certificates shall be issued upon the pledge of the reserve fund of the City of New Or- leans, but such certificates shall be secured as herein and as otherwise provided for by said Act or subsequent legislative authority not in conflict here with ; provided, however, that paving certificates, for which the faith and credit of the City of New Orleans shall be pledged, whether issued under the aforesaid Act No. 23 of 1914, or under subsequent legis- lation, shall not at any one time be outstanding in excess of the amount authorized by existing laws. Nothing herein contained shall be construed as altering or affecting the pro- visions of Section 24 of Article XIV of the Constitution of the State of Louisiana, as amended. Provided, that, notwithstanding any other provision of this amendment, the Commission Council of the City of New Orleans may at any time during the calendar year 1936 borrow any sum not in excess of $1,500,000.00 and use the same for general municipal purposes or for the payment of items included in its budget for the year 1936, and for the repayment thereof may issue its notes, or other evidences of indebtedness, and such sum, notes or other evidences of indebtedness, shall be secured by the pledge of and be pay- able out of the taxes, as herein defined, of the calendar year 1937; and the Commission Council of the City of New Or- leans may at any time during the calendar year 1937 bor- row any sum not in excess of $1,000,000.00 and use the same for general municipal purposes or for the payment of items included in its budget for the year 1937, and for the repayment thereof may issue its notes, or other evidences of indebtedness, and such sum, notes or other evidence of indebtedness shall be secured by the pledge of and be pay- able out of the taxes, as herein defined, of the calendar year 1938; and the Commission Council of the City of New Orleans may at any time during the calendar year 1938, borrow any sum not in excess of $500,000.00 and use the same for general municipal purposes or for the payment of items included in its budget for the year 1938, and for the repayment thereof may issue its notes, or other evi- dences of indebtedness, and such sum, notes or other evi- dence of indebtedness shall be secured by the pledge of and be payable out of the taxes, as herein defined, of the cal- endar year 1939. The Commission Council of the City of New Orleans may, except as herein otherwise provided, in any calendar year, 339 Vol. IV App. | || New Orleans Studies 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 in anticipation of the collection of the designated taxes of such calendar year, and for any of the purposes for which such taxes are levied and not otherwise, including the pay- ment of the expenses of the Police Board of the City of New Orleans and the Board of Commissioners of the Fire Department of the City of New Orleans, issue its negotiable tax anticipation certificates or warrants in an amount not in excess of the uncollected designated taxes of such cal- endar year as such taxes are hereinafter defined. Such cer- tificates or warrants may be in such denominations and with maturities and rate of interest from maturity as the Commission Council may fix, and the Commission Council may negotiate said warrants at a discount of not more than two (2%) per cent. Each warrant or certificate shall recite on its face the class or type of tax for which issued, that is, whether for real property tax, personal property tax, or other tax, as the word taxes is hereinafter defined. Subject to the limitations hereinafter contained, such war- rants or certificates shall be receivable at their par value, in payment in whole or part of the particular class or type of the tax for which issued for the particular year in which said certificates or warrants shall have been issued, and for no other class or type of tax, and for no other year. If for any calendar year, the Commission Council of the City of New Orleans shall in anticipation of the collection of designated taxes for such year, borrow any sums and issue its note or notes secured by the pledge of said designated taxes as provided by that portion of the Constitution of the State of Louisiana embodied in Section 12 of Act No. 4 of the Legislature of Louisiana of 1916, as amended, the said Commission Council shall have no right, anything in this Constitutional amendment or any law to the contrary notwithstanding, to issue or negotiate certifi- cates or warrants as provided for in this paragraph after any such loan or loans shall have been made and while same shall be outstanding and unpaid, unless: (a) Such certificates or warrants are issued in anticipa- tion of the collection of designated taxes for the calendar year in question, other than the designated taxes which have been pledged to secure said note or notes, or (b) If issued in anticipation of the collection of the designated taxes for the calendar year that have been pledged to secure such note or notes, then such warrants may not be issued until first countersigned by a trustee designated by the holders of the majority in principal amount of said previously issued tax anticipation note or notes, and unless the full amount of the city’s portion (in- cluding the portion of the Police and Fire Departments) of the proceeds of the sale of such certificates or warrants shall be paid directly to the said trustee for immediate application, pro rata, to the reduction of such outstanding 340 Power to Borrow and Taa, tº is is © * & Vol. IV Constitutional Provisions App. l l I 437 438 439 440 441 tax anticipation note or notes until such time as such out- standing tax anticipation note or notes have been paid in full in principal and in interest. The word taxes as used herein and in Section 12 of Act No. 4 of 1916 (adopted into the Constitution by Section 24 of Article XIV as amended) shall include license taxes, franchise taxes and taxes upon real and personal property, including the sur- plus of the one (1%) per cent tax collected under Section 7 of the Constitutional amendment embodied in Act No. 4 of 1916, the surplus of the special tax referred to in Sec- tion 23 of Article XIV of the Constitution and the three mill tax authorized under Section 25 of Article XIV of the Constitution of the State of Louisiana of the year 1921, as amended, and also includes all interest and penalties upon all such taxes. Provided, that in exercising the author- ity herein conferred the Commission Council of the City of New Orleans shall first ascertain the amounts necessary to service its outstanding bonded indebtedness which is payable primarily from property taxes and shall take no action which would impair the obligations of such con- tracts. All of the provisions of this amendment to the Constitu- tion shall be self-operative and shall require no legislation, but only resolutions adopted by a majority of the Commis- sion Council which shall have been published in one issue of a daily newspaper of general circulation in the City of New Orleans. ::: :: :: Section 24.2” (Added by Act 3, Extra Session of 1927, Sec. 1). The City of New Orleans by a vote of three- fourths of all members of the Sewerage and Water Board of New Orleans, approved by a vote of three-fourths of all the members of the Board of Liquidation, City Debt, and approved by resolution of the Commission Council, or its successor as the governing body of said municipality, adopted by a vote of two-thirds of all the members of said Council, or governing body, shall have power and is hereby authorized to issue bonds to the amount of Nine Million Dollars ($9,000,000.00) of said City, to be styled “City of New Orleans, Sewerage, Water and Drainage Serial Gold Bonds”, and to bear such rate of interest as the Board of Liquidation, City Debt, may fix from time to time as said bonds are offered for sale, as hereinafter provided, for the purpose of constructing and extending the sewerage, water and drainage system of said City. Section 24.3° (Added by Act 3, Extra Session of 1927. Sec. 2). At the request of the Sewerage and Water Board made by resolution adopted by the vote of three-fouths * Dart’s numbers. 341 Vol. iv App. ill New Orleans Studies 4 of all the members of said Board, the City of New Orleans 5 may also issue and negotiate similar bonds when author- 6 ized by a vote of a majority in number and amount of 7 the property taxpayers who shall have been assessed for 8 property in said City as shown by the last assessment made 9 prior to the submission of the proposition to said prop- 10 erty taxpayers, and who are otherwise qualified to vote 11 under the Constitution and laws of this State, voting at 12 an election called by ordinance adopted by a vote of two- 13 thirds of all the members of the Commission Council or 14 its successor as the governing body of said City of New 15 Orleans, which ordinance, before such election is ordered, 16 shall also be adopted by a vote of three-fourths of all 17 the members of the Board of Liquidation, City Debt. Said 18 election shall be called, held and conducted in Such manner 19 as said ordinance shall prescribe; provided, however, that 20 due notice of said election shall be published for thirty days 21 in the official journal of said City (four weekly insertions 22 of said notice constituting a publication for thirty days, 23 provided thirty days intervene between the date of 24 the first insertion and the date of said election). 25 No bonds shall be issued under the provisions of this 26 Section except for sewerage, water and drainage purposes 27 in the City of New Orleans, nor in any greater amount 28 than that stated in the submission of the proposition to 29 said taxpayers. The bonds issued under the provisions of 30 this amendment together with all bonds then outstanding 31 issued under Act 6 of 1899 and Act 19 of 1906, as amended 32 by Act 116 of 1908, shall never exceed five per centum 33 of the assessed valuation of the taxable property of the 34 City of New Orleans according to the last completed as- 35 sessment for city taxation, and all bonds issued under this 36 amendment shall be included in the limitation of out- 37 standing bonds of the City of New Orleans for all purposes 38 as prescribed by Section 13 of Act No. 4 of the Legislature 39 of Louisiana of the year 1916. 1 Section 24.4° (Added by Act 3, Extra Session of 1927, 2 Section 3). The full faith and credit of the City of New 3 Orleans are pledged for the payment of the principal and 4 interest of all bonds issued under this amendment. There 5 shall be applied in payment of the principal and interest 6 of the bonds issued under this amendment, unless and until 7 by Constitutional authority same shall be devoted to other 8 purposes, all that surplus in each year, up to the year 9 1942, of the Public Improvement Fund, as established by 10 Act No. 6 of the Legislature of Louisiana of the year 1899, 11 which shall accrue and be payable to the Sewerage and 12 Water Board of New Orleans under and in accordance with paragraph (b) of Section 8 of Act No. 4 of 1916 * Dart’s numbers. 342 Power to Borrow and Taac e - a tº º e Vol. IV Constitutional Provisions App. Ill 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 10 11 12 13 14 15 16 17 1. 2 3 (Section 24 of Article XIV of the Constitution of Louisi- ana), as amended by Act No. 182 of the Legislature of Louisiana for the year 1924, adopted as an amendment to the Constitution of Louisiana at the General Election held November 4, 1924; being that surplus, or amount, remaining in each year in said Public Improvement Fund and, consisting of the proceeds of the one-half of the surplus of the one per cent. debt tax, levied under Act 110 of the Legislature of Louisiana for the year 1890, and the two mill special tax, levied under said Act No. 6 of 1899, after providing or paying, in each year, the interest on the Public Improvement Bonds, authorized by Act No. 19 of the Legislature of Louisiana for the year 1906 as amended by Act 116 of 1908; provided, however, that nothing herein contained shall authorize said two mills special tax to be levied after January 1, 1942; and pro- vided, further, that nothing herein contained shall affect the levy of Said one per cent debt tax in accordance with existing laws. After providing for the principal and interest of the bonds issued under the provisions of this amendement and after such reservation as may be made by the Board of Liquidation, City Debt, in its discretion, to insure the prompt and regular payment of interest and installments of principal on the bonds issued under this amendment, the residue shall be used by the Sewerage and Water Board for construction purposes in constructing and extending the public system of sewerage, water and drainage. Section 24.5° (Added by Act 3, Extra Session, 1927, Sec. 4). If the funds derived from the source aforesaid shall prove insufficient in any year to pay the interest of the bonds issued under this amendment and then outstanding and the installment of principal then due, or if, for any cause, there shall not be funds appropriated to or available, for such purposes, the City of New Orleans shall levy a tax on all taxable property in said City sufficient to pro- vide for such deficiency. If the aforesaid revenues shall be diverted to other purposes, in the manner herein pro- vided, and, in any event when the aforesaid one per cent. debt tax shall wholly cease to be available because of prior dedication, or when said one per cent. debt tax and said two mill tax shall cease to be levied, the City of New Orleans shall levy a tax on all taxable property in said City sufficient to pay the principal and interest of said bonds as they respectively become due. Section 24.6° (Added by Act 3, Extra Session, 1927, Sec. 5). The principal and interest of all bonds authorized by this amendment shall be payable in gold coin of the * Dart’s numbers. 343 Vol. IV App. 3 | || New Orleans Studies United States of America, or its equivalent, of the stand- ard of weight and fineness at the time of the issuance of each installment of said bonds. Said bonds shall be exempt from all taxation for State, parish, municipal or other local purposes. Savings banks, tutors of minors, curators of interdicts, trustees and other fiduciaries may invest the funds in their hands in said bonds. Said bonds may be used for deposit with any officer, board, municipality or other political subdivision of the State of Louisiana in any case where, by present or future laws, deposit or security is required. Said bonds may be registered and released from registry under such rules as the Board of Liquida- tion, City Debt, may prescribe. Section 24.7% (Added by Act 3, Extra Session, 1927, Sec. 6). All bonds issued under this amendment shall bear such rate of interest, or, from time to time different rates of interest, and shall, except as herein otherwise especially provided, be in such form, terms and denominations, and payable at such times and places within a period of not exceeding fifty years from the date thereof as the Board of Liquidation, City Debt, shall determine. Said bonds shall be issued in serial form and shall be payable in annual installments commencing not more than two years from their respective dates, and the installments payable in each year shall be so fixed that when the annual interest is added thereto the several annual total amounts of princi- pal and interest to be paid, shall be as nearly equal as practicable; provided said installments may be fixed at $5,000.00 or the nearest multiple, and provided that the last installment may, at the option of the Board of Liquida- tion, City Debt, be any amount less than the next preceding installment. Said bonds shall be signed by the Mayor and Commissioner of Public Finance of the City of New Orleans or persons exercising similar function, and coun- tersigned by the President or Vice-President and the Secretary or Assistant Secretary of the Board of Liquida- tion, City Debt, and the coupons attached to said bonds shall bear the facsimile signatures of said Commissioner of Public Finance and said Secretary or Assistant Secre- tary. In case any such officer whose signature or counter- signature appears upon such a bond or coupon, shall cease to be such officer before delivery of said bond or coupon to the purchaser, Such signature or countersignature shall, nevertheless, be valid for all purposes. The cost of pre- paring and selling Said bonds shall be paid by the Board of Liquidation, City Debt. Section 24.8° (Added by Act 3, Extra Session, 1927, Sec. 7). All bonds issued under this amendment shall be sold by the Board of Liquidation, City Debt, to the highest * Dart’s numbers. 344 Power to Borrow affºd Taac tº a ſº * e - Vol. IV Constitutional Provisions App. l Il } } º 1 bidder or bidders on sealed proposals, after due advertise- ment of not less than five insertions in the official journal of the City of New Orleans (the first insertion to be at least fifteen days prior to the date of sale), and such other advertisements in said City or elsewhere, as said Board of Liquidation, City Debt, may in its discretion direct, provided said Board of Liquidation, City Debt, may reject any and all bids. Section 24.9° (Added by Act 3, Extra Session, 1927, Sec. 8). The proceeds of all sales of bonds under the provisions of this amendment shall be held by the Board of Liquidation, City Debt, and paid over on the warrant of the Sewerage and Water Board in the manner and under the conditions provided in said Act No. 6 of the Extra Session of 1899 and the amendments thereof, and shall be used exclusively for construction and extension of the sewerage, water and drainage system of the City of New Orleans in such proportions as the Sewerage and Water Board may determine, free from the limitations fixed in said Act. Section 24.10° (Added by Act 3, Extra Session, 1927, Sec. 9). The Board of Liquidation, City Debt, as now organized and created, and with the powers, duties and functions prescribed by existing laws and by this amend- ment, shall be continued while any bonds authorized by this amendment are outstanding and unpaid, and all taxes which may be levied for the payment of said bonds, shall day by day as collected, be paid over to said Board and shall by it be applied in payment of the principal and inter- est of said bonds; and said Board shall with respect to all bonds authorized by this amendment, be entitled to exer- cise all the rights and enforce the performance of all the obligations, the same as it is authorized to do under laws existing at the time of the adoption of this amendment with respect to any of the presently outstanding bonds of said City of New Orleans. Section 24.11% (Added by Act 3, Extra Session, 1927, Sec. 10). The provisions hereof are self-operative and the City of New Orleans and the several boards and bodies herein referred to, shall carry the same into effect. Section 24.12” (Added by Act 2, Extra Session, 1930, Sec. 1). The City of New Orleans, by a vote of three- fourths of all members of the Board of Liquidation, City Debt, approved by resolution of the Commission Council or its successor as the governing body of Said munici- pality, adopted by a vote of two-thirds of all the members of said council or governing body, shall have power and is hereby authorized to issue Four Million Five Hundred * Dart’s numbers. 345 Vol. IV App. l l I New Orleans Studies 9 Thousand Dollars ($4,500,000.00) of bonds to be styled 10 “City of New Orleans Serial Gold Bonds”, said bonds to 11 bear Such rate of interest as the Board of Liquidation, 12 City Debt, shall fix from time to time as each installment 13 of said bonds is offered for sale, as hereinafter provided. 1 Section 24.13° (Added by Act 2, Extra Session, 1930, 2 Sec. 2). The proceeds of said bonds shall be applied ex- 3 clusively to the following purposes: 4 (a) Three Million Five Hundred Thousand Dollars 5 ($3,500,000.00) shall be paid over by the Board of Liqui- 6 dation, City Debt, to the Commission Council of the 7 City of New Orleans to be used in payment of the floating 8 indebtedness of the City of New Orleans now outstanding 9 and for the completion and furnishing of the new criminal 10 court and parish prison in the City of New Orleans, pro- 11 vided, however, that in the event said indebtedness, or 12 any part thereof, shall have been paid or provided for by 13 said City out of its current revenues prior to the date of 14 delivery of said bonds hereby authorized to be issued, the 15 amount thus paid shall be paid to the Commission Council 16 of the City of New Orleans to be applied for building or 17 rebuilding public markets in said City; 18 (b) The balance of the proceeds of said bonds shall be 19 paid over by the Board of Liquidation, City Debt, to the 20 Commission Council of the City of New Orleans to be used 21 to construct or reconstruct public markets in said City. 1 Section 24.14* (Added by Act 2, Extra Session, 1930, 2 Sec. 3). No limitation of indebtedness now existing shall 3 affect the power of the City to issue bonds authorized 4 by this amendment but all bonds issued under this amend- 5 ment shall be included as outstanding bonds of the City 6 of New Orleans in applying the limitations prescribed by 7 Section 13 of Act Number 4 of the General Assembly of 8 the State of Louisiana for the year 1916. 1 Section 24.15* (Added by Act 2, Extra Session, 1930, 2 Sec. 4). The full faith and credit of the City of New 3 Orleans are pledged for the payment of the principal and 4 interest of all bonds issued under this amendment. There 5 shall be applied in payment of the principal and interest 6 of Said bonds unless and until by Constitutional authority 7 same shall be devoted to other purposes all that residue 8 existing in each year of one-half of the surplus of the one 9 per cent debt tax authorized by Act No. 110 of the Session 10 of the General Assembly of the State of Louisiana for the 11 year 1890 which residue is defined in Section 8 of Act 12 No. 4 of the Session of the General Assembly of the State 13 of Louisiana for the year 1916 as amended by Act No. 182 14 of the Legislature of Louisiana for the year 1924 adopted * Dart’s numbers. 346 Power to Borrow and Taac Vol. IV Constitutional Provisions App. l Il 1 1 1 i i as an amendment to the Constitution of Louisiana at the general election held November 4th, 1924; provided, how- ever, that nothing herein contained shall affect the levy of the one per cent debt tax levied under Act No. 110 of the Session of the General Assembly for the year 1890 in accordance with existing laws. After providing for the principal and interest of the bonds issued under the provision of this amendment and after such reservation as may be made by the Board of Liquidation, City Debt, in its discretion to insure prompt and regular payment of interest and installments of prin- cipal on the bonds issued under this amendment, the residue of said one-half of the surplus of the one per cent debt tax shall be turned over to the City of New Orleans to be used by it for general municipal purposes. Section 24.16° (Added by Act 2, Extra Session, 1930, Sec. 5). If the funds derived from the sources aforesaid shall prove insufficient in any year to pay the interest of the bonds issued under this amendment and then out- standing and the installment of principal then due, or if, for any cause, there shall not be funds appropriated to or available for such purposes, the City of New Orleans shall levy a tax on all taxable property in said City sufficient to provide for such deficiency. If the aforesaid revenues shall be diverted to other purposes, in the man- ner herein provided, and, in any event when the afore- said one per cent debt tax shall wholly cease to be avail- able because of prior dedication, or when said one per cent debt tax shall cease to be levied, the City of New Orleans shall levy a tax on all taxable property in said City sufficient to pay the principal and interest of said bonds as they respectively become due. Section 24.17* (Added by Act 2, Extra Session, 1930, Sec. 6). The principal and interest of all bonds authorized by this amendment shall be payable in gold coin of the United States of America, or its equivalent, of the standard of weight and fineness at the time of the issuance of each installment of said bonds. Said bonds shall be exempt from all taxation for State, parish, municipal or other local pur- poses. Savings banks, tutors of minors, curators of inter- dicts, trustees and other fiduciaries may invest the funds in their hands in said bonds. Said bonds may be used for deposit with any officer, board, municipality or other politi- cal subdivision of the State of Louisiana in any case where, by present or future laws, deposit or security is required. Said bonds may be registered and released from registry under such rules as the Board of Liquidation, City Debt, may prescribe. * Dart’s numbers. 347 Vol. IV App. l Il New Orleans Studies 1 Section 24.18° (Added by Act 2, Extra Session, 1930, Sec. 2 7). All bonds issued under this amendment shall bear such 3 rate of interest, or, from time to time, different rates of in- 4 terest, and shall, except as herein otherwise especially pro- 5 vided, be in such form, terms and denominations, and pay- 6 able at such times and places within a period of not exceed- 7 ing fifty years from the date thereof, as the Board of Liqui- 8 dation, City Debt, shall determine. Said bonds shall be 9 issued in serial form and shall be payable in annual install- 10 ments commencing not more than two years from their 11 respective dates, and the installments payable in each year 12 shall be so fixed that when the annual interest is added 13 thereto the several annual total amounts of principal and 14 interest to be paid, shall be as nearly equal as practicable; 15 provided said installments may be fixed at $5,000.00 or the 16 nearest multiple, and provided that the last installment 17 may, at the option of the Board of Liquidation, City Debt, 18 be any amount less than the next preceding installment. 19 Said bonds shall be signed by the Mayor and Commissioner ; i : : 2 7 i ; } of Public Finance of the City of New Orleans or person exercising similar function, and countersigned by the Presi- dent or Vice-President and the Secretary or Assistant Sec- retary of the Board of Liquidation, City Debt, and the cou- pons attached to said bonds shall bear the facsimile signa- tures of said Commissioner of Public Finance and said Secretary or Assistant Secretary. In case any such officer whose signature or countersignature appears upon such a bond or coupon, shall cease to be such officer before delivery of Said bond or coupon to the purchaser, such signature or countersignature shall, nevertheless, be valid for all pur- poses. The costs of preparing and selling said bonds shall be paid by the Board of Liquidation, City Debt. Section 24.19% (Added by Act 2, Extra Session, 1930, Sec. 8). All bonds issued under this amendment shall be sold by the Board of Liquidation, City Debt, to the highest bidder or bidders on sealed proposals, after due advertisement of not less than five insertions in the official journal of the City of New Orleans (the first insertion to be at least fifteen days prior to the date of sale), and such other advertise- ments in said City or elsewhere, as said Board of Liquida- tion, City Debt, may in its discretion direct, provided said iºd of Liquidation, City Debt, may reject any and all ICIS. Section 24.20° (Added by Act 2, Extra Session, 1930, Sec. 9). The Board of Liquidation, City Debt, as now organized and created, and with powers, duties and functions pre- scribed by existing laws and by this amendment, shall be continued while any bonds authorized by this amendment are outstanding and unpaid, and all taxes which may be * Dart’s numbers. 348 Power to Borrow and Taac Vol. iV Constitutional Provisions App. l Il 10 11 12 14 15 # levied for the payment of said bonds, shall day by day as collected, be paid over to said Board and shall by it be applied in payment of the principal and interest of said bonds; and said Board shall with respect to all bonds authorized by this amendment, be entitled to exercise all the rights and enforce the performance of all the obligations, the same as it is authorized to do under laws existing at the time of the adoption of this amendment with respect to any of the presently outstanding bonds of said City of New Orleans. Section 24.21* (Added by Act 2, Extra Session, 1930, Sec. 10). The provisions hereof are self-operative and the City of New Orleans and the several boards and bodies herein referred to, shall carry the same into effect. Section 24.22* (Added by Act 2, Extra Session, 1930, Sec. 11). In case of fire, flood, pestilence, storm or other public calamity, or riot or emergency expenditures for preserva- tion of law and order, the City of New Orleans shall have the power, by a two-thirds vote of all the members of the Commission Council, or its successor as the governing body of said City, concurred in by a three-fourths vote of all the members of the Board of Liquidation, City Debt, to borrow money and issue and negotiate bonds in such sum, not exceeding Five Hundred Thousand Dollars ($500,000), as shall be necessary in any one such emergency; all such bonds shall be executed and sold in the manner herein pro- vided. Section 25 (As amended by Act 260 of 1928). In addition to such other taxes as the City of New Orleans is now, or may be hereafter, authorized to levy, said City shall levy annually a special tax, not exceeding three mills on the dol- lar, on all taxable property in said City, as assessed and valued for city taxation purposes. The avails of said special tax are hereby dedicated to the maintenance of a double platoon system in the Fire Department and a triple platoon system in the Police Department of said City, and for an increase in the pay of the officers and men in said depart- ments, respectively, and shall be used by said City exclu- sively for said purposes, respectively, according to such apportionment as said City may make from time to time; provided, however, that one-half the avails of said tax in excess of two mills shall be used exclusively for the purpose of an increase in the pay of officers and men in the Fire Department of said City, while the other half shall be used exclusively for the purpose of an increase in the pay of officers and men in the Police Department of said City. Section 26. It shall be the duty of the City of New Or- leans to continue the operation of a Public Belt Railroad by * Dart's numbers. 349 Vol. IV App 1 . I || New Orleans Studies and through a commission to be known as the Public Belt Railroad Commission for the City of New Orleans, to be composed of the Mayor of said City and sixteen citizen tax- payers who shall now and hereafter be chosen in the man- ner and for the terms provided in Ordinance 2683, New Council Series of the City of New Orleans, approved Octo- ber 8, 1904, except that, in case any commercial organiza- tion mentioned therein shall cease to exist, and there be no other organization performing similar functions, the mem- bers theretofore appointed on recommendation of such organization shall be appointed by the Public Belt Rail- road Commission. The Mayor of the City of New Orleans shall be the president of said Commission and shall have the right to vote at all meetings. The president pro tem. shall be chosen by the Commission from those members appointed from the commercial organizations described in said city ordinance. The present members of the Commis- sion shall continue to serve until the expiration of their terms. The control, operation, management and develop- ment of the Public Belt Railroad system shall be exclusively vested in said Commission, which shall always be separate and distinct from that of any railroad. No director, attor- ney, officer or employee of any railroad shall ever be a member of said Commission, or an officer, attorney, or employee of said Public Belt Railroad, and no rights or privileges shall be granted to any railroad company to con- trol, use or operate the said Public Belt Railroad system or any part thereof. Said Public Belt Railroad system shall be and remain the sole property of the people of the City of New Orleans, at all times, and shall in no way or manner ever be hypothecated or alienated. The City of New Orleans by and through the said Com- mission shall have the power to make contracts, acquire lands, leases and other forms of property necessary for the operation of a railroad system, either by purchase, expro- priation, or otherwise, and shall have the right to operate within or without the parish of Orleans. The provisions of Act 179 of 1908 are hereby ratified, approved and reaffirmed, including the right to issue any bonds thereunder authorized and not yet issued. Section 27. The City of New Orleans may issue, upon the recommendation of the Public Belt Railroad Commission, bonds to be known as New Orleans Public Belt Railroad Bonds, in a sum not to exceed five million dollars ($5,000,- 000), to be used exclusively for the development, extension, additions, betterments and construction of the Public Belt Railroad System. All of said bonds shall run not more than forty years from date of issue and shall be issued in serial form, payable in annual installments commencing not more than fifteen years from date of issue, the amounts 350 Power to Borrow and Taa, Vol. IV Constitutional Provisions App. l l i payable each year for principal to be as nearly equal as practicable. They shall be exempt from all taxation, and, subject to the rights of the holders of bonds authorized by Act 179 of 1908, shall have all the advantages of the bonds issued under said Act. These bonds shall be issued in such form, at such rates of interest, not exceeding six per cent, and dates of ma- turity, as recommended by the Public Belt Railroad Com- mission, and shall be paid out of the net revenue of the Public Belt Railroad; and in case of any deficiency in these revenues to pay either principal or interest in any year, then the said City of New Orleans shall levy a tax to make up such deficiency. These bonds shall not issue unless authorized by a vote of a majority of the qualified electors of the City of New Orleans voting thereon at an election held for that pur- pose at the Congressional election in November, 1922, after due notice of said election has been published for thirty days in the official journal of said city. (Added by Act 45 of 1938). The City of New Orleans may issue, at any time and from time to time, upon the recommendation of the Public Belt Railroad Commission for the City of New Orleans, bonds to be known as City of New Orleans Public Belt Bonds, for the aggregate prin- cipal amount of no more than $2,000,000. Said bonds shall have such date or dates and shall be issued in such form or forms and denomination or denominations, at such time or times and price or prices, and upon such terms and conditions as to maturity or maturities, rate or rates of interest, redeemableness, if any, at such premium or premiums, if any, and otherwise, as the City of New Or- leans may deem advisable; provided that none of said bonds shall be sold for less than par and accrued interest or shall mature later than fifty years after its date or bear interest at a rate greater than 5% per annum. Said bonds and the income therefrom shall be exempt from all taxation for State, parish, municipal or other local purposes and, subject to the rights of the holders of any outstanding Public Belt Railroad Bonds of the City of New Orleans authorized by Act 179 of 1908, and subject to the rights of the holders of any outstanding New Or- leans Public Belt Railroad Bonds, shall have all the ad- vantages of the bonds issued under said Act 179 of 1908. Said bonds shall be paid out of the net revenues of the Public Belt Railroad. In case of any deficiency in these revenues to pay either principal or interest in any year, then the City of New Orleans shall levy a tax on all tax- able property in said City sufficient to provide for such 351 Vol. IV App. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 | || New Orleans Studies deficiency, and the full faith and credit of the City of New Orleans shall be, and are hereby, pledged for the payment of the principal and interest of all said bonds. Said bonds shall have, and are hereby declared to have, the qualities of negotiable instruments under the law merchant. The funds realized from the sale of said bonds shall be applied exclusively to the payment at maturity, or at re- demption prior to maturity, of said Public Belt Railroad Bonds of the City of New Orleans and to the reimburse- ment of the City of New Orleans for any amounts there- tofore disbursed by it out of any funds whatsoever, di- rectly or through the Public Belt Railroad Commission for the City of New Orleans, for the payment or redemp- tion of said Public Belt Railroad Bonds of the City of New Orleans, except that any premium over par and ac- crued interest may be used by the Public Belt Railroad for its general purposes; but no purchaser of any of said bonds shall be required to see to such application of the funds realized from such sale, and the validity of said bonds shall not depend in any manner whatever upon such ap- plication of said funds. The provisions hereof shall constitute a contract be- tween the holders of any bonds issued hereunder and the State of Louisiana and City of New Orleans. (Added by Act 391 of 1940). The City of New Orleans shall have authority, in addition to the authority hereto- fore existing to issue bonds for Public Belt Railroad pur- poses, to issue, at any time and from time to time, upon the recommendation of the Public Belt Railroad Commis- sion for the City of New Orleans, bonds and notes to be known, respectively, as City of New Orleans Public Belt Bonds, New Series, and City of New Orleans Public Belt Notes, solely for the purposes hereinbelow set forth. Said bonds shall have such date or dates and shall be issued in such form or forms and denomination or denomi- nations, at such time or times and upon such terms and con- ditions as to maturity or maturities, rate or rates of in- terest, redeemability, if any, at such premium or premiums, if any, and otherwise as the City of New Orleans may deem advisable; provided that none of said bonds shall mature later than fifty years after its date or bear interest at a rate greater than five per cent. (5%) per annum. Said bonds shall be sold to the highest bidder at public sale for not less than par and accrued interest, after advertise- ment at least once a week for not less than four (4) con- secutive weeks, the date of first publication to be not less than thirty (30) days prior to the date fixed for sale by the City of New Orleans, in New Orleans, New York and such other place or places as the City of New Orleans may 352 Power to Borrow and Taac º an is º tº º Vol. IV Constitutional Provisions App. l l I 110 111 112 113 114 115 116 117 118 119 120 121 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 determine, reserving to the City of New Orleans the right to reject any and all bids. Said notes shall have such date or dates and shall be issued in such form or forms and denomination or denomi- nations, at such time or times and upon such terms and conditions as to maturity or maturities, rate or rates of interest, payment prior to maturity at principal amount plus accrued interest, and otherwise as the City of New Orleans may deem advisable; provided that none of said notes shall mature later than five years after its date or bear interest at a rate greater than five per cent. (5%) per annum. None of said notes shall be issued otherwise than to evidence a loan of the principal amount thereof con- temporaneously made to the City of New Orleans, and the City of New Orleans is hereby authorized to borrow any amount so loaned, solely for the purposes hereinbelow set forth. The aggregate principal amount of said notes at any one time outstanding shall be limited to Five Hundred Thousand Dollars ($500,000.00). No money shall be bor- rowed pursuant thereto from any lender on terms less favorable to the City of New Orleans than those by any other responsible lender, but this provision shall not affect the validity of said notes in the hands of any holder thereof. The funds realized from the sale of any of said bonds or from any loans evidenced by any of said notes shall be applied exclusively to the payment at maturity, or to the redemption or payment prior to maturity, of New Orleans Public Belt Railroad Bonds (now outstanding or hereafter issued) or City of New Orleans Public Belt Bonds or previously issued City of New Orleans Public Belt Bonds, New Series, or City of New Orleans Public Belt Notes. Whenever any of said City of New Orleans Public Belt Bonds, New Series, or of said City of New Orleans Public Belt Notes shall be issued to obtain funds for the payment or redemption of any of the bonds or notes referred to in the next preceding paragraph they may be delivered prior to the time for such payment or redemption (but not more than sixty days prior to such time), but in such case the proceeds derived from the sale thereof, or the loan evi- denced thereby, as the case may be, shall forthwith upon receipt be deposited in a duly qualified bank or trust com- pany designated by the City of New Orleans, in a special trust account, to be used exclusively for the discharge as Soon as practicable of the bonds or notes to be paid or redeemed; provided that any premium over par and accrued interest realized on the sale of any City of New Orleans Public Belt Bonds, New Series, need not be so deposited but shall be held by the City of New Orleans dedicated to the retirement thereafter of any of the bonds or notes referred to in the next preceding paragraph. 353 Vol. IV App. l II New Orleans Studies 160 No purchaser of any of said City of New Orleans Public 161 Belt Bonds, New Series, and no maker of any loan evi- 162 denced by any of said City of New Orleans Public Belt 163 Notes shall be required to see to such application or deposit 164 or dedication of the funds realized from such sale or loan, 165 and the validity of said bonds and notes shall not depend 166 in any manner whatever upon such application or deposit 167 or dedication of said funds. 168 Said bonds and notes and the income therefrom shall be 169 exempt from all taxation for State, parish, municipal or 170 other local purposes and, subject to the rights of the holders 171 of any outstanding New Orleans Public Belt Railroad 172 Bonds and City of New Orleans Public Belt Bonds, shall 173 have all the advantages of such New Orleans Public Belt 174 Railroad Bonds and such City of New Orleans Public Belt 175 Bonds. 176 Said bonds and notes shall be paid out of the net revenues 177 of the Public Belt Railroad. In case of any deficiency in 178 these revenues to pay either principal or interest in any 179 year, then the City of New Orleans shall levy a tax on all 180 taxable property in said City sufficient to provide for such 181 deficiency, and the full faith and credit of the City of New 182 Orleans shall be, and are hereby, pledged for the payment 183 of the principal and interest of all said bonds and notes. 184 Said bonds and notes shall have, and are hereby declared 185 to have, the qualities of negotiable instruments under the 186 law merchant. 187 The provisions hereof shall constitute a contract between 188 the holders of any bonds and notes issued hereunder and the 189 State of Louisiana and City of New Orleans. 2 O Section 28 (As amended by Act 154 of 1928). The City of New Orleans, acting through the Public Belt Railroad Com- mission, shall have the power to acquire, construct, main- tain and operate across the Mississippi River, at or near New Orleans, a bridge for railroad, railway and highway uses, together with all approaches, railroad, railway and highway connections and appurtenances, and such power, insofar as a bridge for railroad and railway uses is con- cerned, shall be exclusive; and shall also have the power to acquire, construct, maintain and operate railroads, term- inals, depots, watercraft and other railroad facilities, and to acquire same either by purchase or lease, by expropria- tion, or otherwise, together with such property, ownership, use or possession of lands and other things necessary for such construction, maintenance, or operation; to lay out, open, close, or change any roadway, non-navigable stream or drain over which the approaches of such bridge or any other part of the Public Belt Railroad system of the City of New Orleans shall extend. The powers herein granted may be exercised in the Parish of Orleans or in other parishes. cº) ºr 354 Power to Borrow and Taac Vol. IV Constitutional Provisions App. I'll 21 22 23 24 25 26 27 28 29 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 All property so acquired shall be under the exclusive control and management of the Public Belt Railroad Commission. The City of New Orleans is hereby granted power, for the purposes herein enumerated, to issue upon the recom- mendation of the Public Belt Railroad Commission its negotiable obligations, not to exceed Twenty Million Dollars ($20,000,000.00) in aggregate principal amount, in such forms, numbers and amounts, at such times and prices and upon such terms and conditions as to maturities, rates and payment of interest, and final redemption (but not to mature later than fifty years after their date), and other- Wise as the City of New Orleans may deem advisable, sub- ject to the following limitations: (a) All such obligations shall be secured solely and only by liens and mortgages upon and against such bridge and the approaches thereto and the appurtenances thereof, and the lands and other things required in the construction, op- eration or maintenance thereof, and such other lands here- tofore acquired in contemplation of the construction there- of, as may be included in the mortgage hereinafter referred to, and by a lien and pledge upon the net revenues derived from the operation thereof, and by a pledge assignment of any contract or contracts, at any time made by the City of New Orleans, acting through the Public Belt Railroad Com- mission, with any railroad or railroads for the movement of locomotives, cars, trains and other equipment, and the con- tents thereof, over said bridge and the lines of the Public Belt Railroad as hereinafter authorized, and shall be paid therefrom and not by any tax or assessments or levy upon any taxable property in the City of New Orleans, nor out of any other funds, revenues or things of value of said city, except as hereinafter specifically provided; and in the event of any foreclosures of such mortgage the purchaser at fore- closure sale, and his successors and assigns, shall have a franchise for the use and operation of said bridge, ap- proaches and appurtenances for railroad, railway and high- way purposes subject to any contract or contracts that may be made superior to the lien of the mortgage fore- closed upon, until the latest date of maturity specified in any bond issued hereunder at any time theretofore out- standing, at the end of which period title thereto shall revert to the people of the City of New Orleans for use by the Public Belt Railroad; said mortgage shall contain such stipulations, terms, provisions and conditions, not incon- sistent herewith, as the City of New Orleans, upon the recommendation of the Public Belt Railroad Commission, may determine. (b) During the period of construction of such bridge, approaches and appurtenances and during the period if any, after construction, while the revenues from the opera- tion of such bridge, approaches and appurtenances shall 355 Vol. IV App. ill New Orleans Studies 72 not be sufficient to provide for the interest and/or sinking 73 fund and/or maturing installments of principal of any and 74 all obligations hereinabove authorized to be issued, same 75 may be paid, subject to the rights of the holders of bonds 76 authorized by Act 179 of 1908 and by Section 27 of this 77 article, up to, but not after July 1, 1936, from the net rev- 78 enues of the Public Belt Railroad System to such extent as 79 may be required; provided, that said payment may be 80 made, in whole or in part, out of the proceeds from the sale 81 of any bonds authorized under this section. 82 Said bridge, its approaches and appurtenances, and the 83 lands and other things required in the construction, opera- 84 tion or maintenance thereof, shall be exempt from every 85 form of taxation, and shall in no manner be hypothecated, 86 leased or alienated by the City of New Orleans except as 87 herein set forth; provided, that lands acquired, which by a 88 three-fourths vote of all the members of said Commission 89 are declared not necessary for the construction of Said 90 bridge and appurtenances, or for use in the operation there- 91 of, may be leased or sold. The proceeds of any such lease 92 or sale shall be applied to the payment of the obligations 93 issued hereunder or to other purposes of the New Orleans 94 Public Belt Railroad. 95 The City of New Orleans, acting through the Public Belt 96 Railroad Commission, shall have the exclusive right to 97 transport or convey, for any railroad, trains, over such 98 bridge and over the lines of the Public Belt Railroad to the 99 depot, yard or terminal of said railroad to any depot, yard 100 or terminal of the Public Belt Railroad System, and no 101 switching or other privileges over the Public Belt Railroad 102 System shall be granted to any railroad; provided, that the 103 City of New Orleans, through the Public Belt Railroad 104 Commission, shall have the authority to contract on such 105 terms and conditions, and for such duration, as may be 106 approved by the vote of three-fourths of all the members 107 of said Commission, with any railroad company or railroad 108 companies entering, or hereafter entering, New Orleans 109 from the west bank of the Mississippi River across said 110 bridge, for the use by such railroad company or railroad 111 companies of said bridge, its approaches and appurte- 112 nances, and of any tracks of the Public Belt Railroad Sys- 113 tem for the transporting or conveying under its or their 114 own motive power, or the motive power of the Public Belt 115 Railroad, of its or their locomotives, cars, trains and other 116 equipment, and the contents thereof, from any point on the 117 lines of such railroad company or railroad companies, or 118 from any depot, yard, interchange or terminal of such rail- 119 road company or railroad companies to any other point on 120 the lines of such railroad company or railroad companies, 121 or to any other depot, yard interchange or terminal of such 122 railroad company or railroad companies; and the rights of 356 Power to Borrow and Taa: * o e Q gº Vol. IV Constitutional Provisions App. Ill 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 |39 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 any such railroad company or railroad companies under any such contract to use said bridge, its approaches and appurtenances may be made superior to the lien of any mortgage executed to secure any obligations issued here- under. (c) The obligations issued hereunder shall be exempt from all taxation. (d) The bridge herein authorized shall be constructed on or before July 1, 1936. (e) The provisions hereof shall constitute a contract between the holders of any obligations issued hereunder and the City of New Orleans. (Added by Act 315 of 1944). The City of New Orleans may, at any time and from time to time, upon recommenda- tion of the Public Belt Railroad Commission for the City of New Orleans, borrow money and issue bonds and notes to be known, respectively, as City of New Orleans Public Belt Bridge Fund Bonds and City of New Orleans Public Belt Bridge Fund Notes, for the aggregate principal amount of not more than the aggregate Nine Hundred Thousand Dollars ($900,000.00) at any one time outstand- ing; provided that the maximum amount that may be bor- rowed in any one calendar year shall not exceed One Hun- dred Fifty Thousand Dollars ($150,000.00) plus the princi- pal amount of previously issued City of New Orleans Pub- lic Belt Bridge Fund Bonds and City of New Orleans Public Belt Bridge Fund Notes paid and retired during such calendar year. Said bonds and notes shall have such date or dates and shall be issued in such form or forms and demoni- nation or denominations, at such time or times and price or prices, and upon such terms and conditions as to maturity, or maturities, rate or rates of interest, redemption, if any, at such premium or premiums, if any, and otherwise as the City of New Orleans may deem advisable; provided that none of said bonds shall mature later than twenty years after its date, or bear interest at a rate greater than 5% per annum. Said bonds shall be sold to the highest bidder at public sale for not less than par and accrued interest, after advertisement at least once a week for not less than four (4) consecutive weeks, the date of the first publication to be not less than thirty (30) days prior to the date fixed for sale by the City of New Orleans, New York, and such other place or places as the City of New Orleans may determine, reserving to the City of New Orleans the right to reject any and all bids. The following limitations shall prevail: (a) All such obligations shall be secured by liens and mortgages upon and against such amounts as shall from time to time, become repayable to the City of New Orleans, acting through the Public Belt Railroad Commission, 357 Vol. IV App. l l I New Orleans Studies 173 under and by virtue of its contracts with railroads pursuant 174 to Section 28 hereof, on account of monies expended by 175 it through the Public Belt Railroad Commission in the 176 construction of the bridge therein authorized; and, sub- 177 ject to any liens, mortgages, pledges and assignments here- 178 tofore executed pursuant to said Section 28, or here- 179 after executed to secure bonds issued to refund City of 180 New Orleans Public Belt Bridge Revenue Bonds secured 181 thereby, by liens and mortgages upon said bridge and the 182 approaches thereto and the appurtenances thereof, and 183 the lands and other things required in the operation and 184 maintenance thereof, and by a lien and pledge upon the 185 net revenues derived from the operation thereof, and 186 by a pledge and assignment of such contracts with any 187 railroads, and shall be paid therefrom and not by any 188 tax or assessment or levy upon any taxable property in 189 the City of New Orleans, nor out of any other funds, 190 revenues or things of value of said City, provided that 191 the Commission may out of its general fund pay interest 192 accruing thereon; and in the event of any foreclosures 193 of such mortgage the purchaser at foreclosure sale, his 194 successors and assigns, shall have a franchise for the use 195 and operation of said bridge, appurtenances for railroad 196 and railway purposes subject to any contracts that may 197 be superior to the lien or the mortgage foreclosed upon, 198 until October 1, 1982, at which time title thereto shall 199 revert to the City of New Orleans for use by the Public 200 Belt Railroad; all, however, without prejudice to any bonds 201 heretofore issued under said Section 28 or any bonds issued 202 to refund such bonds, and subject to the rights of the 203 holders thereof. 204 (b) The funds realized from the sale of any of said 205 bonds or from any loans evidenced by any of said notes 206 shall be applied exclusively to the replenishment of the 207 general fund of said Commission and to the payment at 208 maturity, or to the redemption and payment prior to 209 maturity, of previously issued City of New Orleans Public 210 Belt Bridge Fund Bonds or City of New Orleans Public 211 Belt Bridge Fund Notes, or to the payment of interest 212 on such previously issued City of New Orleans Public 213 Belt Bridge Fund Bonds or City of New Orleans Public 214 Belt Bridge Fund Notes; but no purchaser of any of said 215 bonds or lender in any of said loans shall be required to 216 see to such application of the funds realized from such 217 sale or issue, and the validity of said bonds and notes 218 shall not depend in any manner whatever upon such appli- 219 cation of said funds. 220 (c) The aggregate principal amount of said notes at 221 any one time outstanding shall be limited to Five Hun- 222 dred Thousand Dollars ($500,000.00). None of Said notes 223 shall mature later than five years after its date; and none 358 Power to Borrow and Taa: º e © e Vol. IV Constitutional Provisions App. Ill 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 : ; : i ; : shall be issued otherwise than to evidence a loan of the principal amount thereof contemporaneously made to the City of New Orleans. (d) Said bonds and notes and the income therefrom shall be exempt from all taxation for State, parish, munici- pal or other local purposes. (e) Said bonds and notes shall have, and are hereby declared to have, the qualities of negotiable instruments under the law merchant. (f) The provisions hereof shall constitute a contract between the holders of any bonds and notes issued here- under and the State of Louisiana and the City of New Orleans. (g) The provisions hereof shall be self-executing and no proceedings or approvals not provided for herein shall be necessary to authorize the issuance or sale of the bonds or notes hereby authorized to be issued. >}: ::: :k Section 31.1° (Added by Act 148 of 1932). In order to provide ready funds for the purpose of purchasing the ferry systems operating under the provisions of Ordinance No. 7352, Commission Council Series, the Commission Council for the City of New Orleans shall have and is hereby granted authority and power to issue bonds of said City not to exceed seven hundred and fifty thousand ($750,- 000.00) dollars for said purpose, said bonds to be secured by a mortgage on the properties employed in the operation of said utility, and payable out of the income and revenues of said properties. The bonds so authorized shall be payable in gold coin of the United States, or its equivalent, of the standard of weight and fineness at the time of issuance, and shall be in such form and denomination and payable at such times and places as said Commission Council for the City of New Orleans may determine, but shall not be for a longer period than thirty years; and shall be free from taxes of all kind in the State of Louisiana. Such bonds shall be negotiated on the best terms obtainable, at public sale, after thirty days advertisement in one or more newspapers of daily circula- tion in the City of New Orleans, shall bear interest not exceeding six (6%) per cent annum, payable semi-annually, and shall be made to mature at such times and in such amounts as may permit them to be conveniently retired out of the funds herein specially pledged for their payment; the Commission Council for the City of New Orleans, however, shall have authority to call any or all of said bonds prior to said fixed maturities, upon such terms and conditions as it may prescribe. * Dart's numbers; Section 31 according to Act 148 of 1932. 359 Vol. IV . I || New Orleans Studies All bonds issued under the provisions hereof shall be considered the obligations of the City of New Orleans, but shall not be included in computing the indebtedness of said City, under any limitation contained in the Constitution or statutes of the State or in the Charter of said City. As soon as the City of New Orleans has acquired said ferry systems, their management, control, maintenance and operation shall be vested in a Public Ferry Board of five members, to be appointed by the Mayor and approved by the Commission Council, two members whereof shall be appointed from Algiers, one from the section of the City of New Orleans above Canal Street, one from the section below Canal Street and the fifth from the City of New Orleans, at large. Said members shall serve without pay and members of the first Board, so appointed, shall serve for one, two, three, four and five years, respectively, as ap- pointed thereto, while the members appointed there after, included those appointed to fill any vacancies that may occur, shall serve for five years each; the Commission Council being empowered to remove any member for cause. The Board shall arrange for and supervise the collection of tolls for the use of said ferries, which shall be at such rate as the Board, by and with the approval of the Commis- sion Council, may determine, but the rates so fixed shall be such as to provide for the retirement of the bonds issued for the purchase of said ferries within no more than thirty years. All tolls and revenues collected under the provisions hereof shall be remitted daily to the City Treasurer to be kept by him in a separate account and to be used exclusively for the maintenance and operation of said ferries, the retirement of the bonds issued for their purchase and the setting up in a separate fund of an adequate reserve for renewals and replacements. The Board by and with the approval of the Commission Council, may issue additional bonds for the purchase of new equipment, but the total bonds outstanding at any one time shall not exceed seven hundred and fifty thousand ($750,000.00) dollars. This section of the Constitution shall be self-operating. :: Sk :k Section 31.3 (Added by Act 385 of 1938). The City of New Orleans, acting through the Public Belt Railroad Com- mission, shall have the power, in any manner it may de- termine, to acquire, construct, maintain and operate one or more railroad passenger stations, with all approaches there- to and appurtenances thereof, and shall also have the power to acquire, by purchase, lease, contract, expropriation or otherwise, all such lands, tracks and other property, real or personal, or rights of use or possession thereof, as it may 360 Power to Borrow and Taa’ © e © Q Vol. |V Constitutional Provisions App. l l I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 deem necessary or desirable for the construction, mainte- nance and operation of said railroad passenger station or stations; provided, however, that in the maintenance and operation of said passenger station or stations and the other property referred to in this Section, no funds of the City of New Orleans or of said Commission, except funds derived from the revenues produced by said operation, shall be expended. The powers herein granted may be exercised any- where in the Parish of Orleans or in any parish adjacent thereto. In connection with any project for building any such passenger station or stations, the City of New Orleans, through said Commission, shall have the power to do everything it deems necessary or desirable for the purpose of minimizing interference, caused by railroad traffic of any sort, with the use of streets, thoroughfares and roads, and with the proper development of the City of New Orleans, and for that purpose may include in the property acquired or constructed hereunder, or the right of use or possession of which is acquired hereunder, any and all depots, freight terminals, classification yards, tracks and other railroad facilities; provided, however, that for the exclusive purpose of minimizing interference caused by railroad traffic of any sort with the use of streets, thoroughfares and roads, or with the proper development of the City of New Orleans, the power of expropriation shall not be exercised to acquire any existing freight depot, freight terminal, freight classifi- cation yard, track or other railroad facility. The Commis- sion Council of the City of New Orleans, on such terms and conditions as it may prescribe, may dedicate to the use of any project hereunder any streets, thoroughfares, roads or other property belonging to or under the control of the City of New Orleans; and the Police Jury of any adjacent par- ish, on such terms and conditions as it may prescribe, may dedicate to the use of such project any streets, thorough- fares, roads, or other property belonging to said parish or under the control of said Police Jury. The operation of any passenger station or stations herein authorized may include operating, or granting leases or con- cessions for the operation of, any restaurant, store or other ºise of any sort associated with a railroad passenger SU3, U1011. The City of New Orleans, through the Public Belt Rail- road Commission, shall have the power at any time to re- build, reconstruct, to improve and to enlarge any con- structed property therefore acquired, pursuant hereto. The City of New Orleans, through the Public Belt Rail- road Commission, shall have the power to make a loan or loans to any railroad company or railroad companies to be used by said railroad company or railroad companies for defraying the expenses of any improvement in the Parish of Orleans, or in any parish adjacent thereto, to any tracks, 361 Vol. IV App. Ill New Orleans Studies 61 depots, freight terminals, classification yards or other 62 facilities of such railroad company or railroad companies; 63 provided, however, that no funds of the City of New Or- 64 leans or of said Commission shall be so loaned except funds 65 obtained from the source enumerated in Subsection (B) 66 hereof. The obligation of any railroad company or railroad 67 companies to repay any such loan may be pledged under any 68 mortgage referred to in said Subsection (B) hereof, and 69 the interest paid on any such loan shall be deemed part of 70 the revenues referred to in this Section 31.3. 71 (A). The City of New Orleans, through the Public Belt 72 Railroad Commission, shall have the authority to enter into 73 a contract or contracts, containing such terms, conditions, 74 stipulations and provisions, and for such duration, as may 75 be approved by the vote of a majority of all the members of 76 said Commission, with any railroad company or railroad 77 companies entering or hereafter entering New Orleans, for 78 the use by such railroad company or railroad companies of 79 said passenger station or stations, and the approaches 80 thereto and appurtenances thereof, and/or of any tracks or 81 other property, constructed pursuant to Section 31.3 hereof, 82 or the ownership or right of use or possession of, which is 83 acquired or dedicated pursuant to Section 31.3 hereof, for 84 or in connection with the transporting, conveying or other 85 handling, under the motive power of such railroad company 86 or railroad companies, of the locomotives, cars, trains and 87 other equipment of such railroad company or railroad com- 88 panies, and passengers therein and freight and other con- 89 tents thereof. Said passenger station or stations and all 90 property and rights of use or possession of property ac- 91 quired, constructed or dedicated pursuant to Section 31.3 92 hereof, shall be under the control and management of the 93 Public Belt Railroad Commission, but any contract entered 94 into pursuant to this Subsection (A) or resolution adopted 95 by said Commission by a vote of a majority of all the mem- 96 bers thereof, may vest in a Committee or other body 97 composed of representatives of any and all interested 98 parties, including but not limited to representatives of any 99 railroad company or railroad companies, constituted as pro- 100 vided in such contract or resolution, such powers as may be 101 specified in such contract or resolution for supervising or 102 controlling the acquisition, construction, maintenance and 103 operation of said passenger station or stations, the ap- 104 proaches thereto and appurtenances thereof, and any tracks 105 or other property referred to in Section 31.3 hereof. Any 106 such contract may be made Superior to the lien of any mort- 107 gage executed to secure any bond issued hereunder. Any 108 right of use granted pursuant to this Subsection (A) to any 109 railroad company or railroad companies by the City of 110 New Orleans, through the Public Belt Railroad Commis- 111 sidn, shall be exempt from every form of taxation. 362 Power to Borrow and Taa: Vol. IV Constitutional Provisions App. l Il 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 Without restricting any power or discretion herein con- ferred upon the City of New Orleans, acting either through its Commission Council or the Public Belt Railroad Com- mission, it is hereby declared to be the policy of this amendment that the railroad passenger station or stations or other railroad facilities acquired or constructed by the City of New Orleans pursuant hereto, shall not be operated at a profit to the City of New Orleans or the Public Belt Railroad Commission, it being understood that the City of New Orleans and the Public Belt Railroad Commission shall not be deprived of any element of cost paid by them or either of them with proper interest on all amounts expended or advanced, and it being understood, further, that after all costs with interest have been reimbursed (but in no event sooner than 1988), the City of New Orleans shall receive, in addition to all costs of maintenance and operation, a net rental in an amount equal to what the taxes would be on the stations or facilities furnished by it, based on their then fair value if the same were not tax exempt. (B). For the purpose of acquiring or constructing said railroad passenger station or stations, with all approaches thereto and appurtenances thereof, and any land, tracks and other property, real or personal, or rights of use or possession thereof, referred to in Section 31.3 hereof, and of improving and enlarging any property theretofore ac- quired or constructed pursuant hereto, and of complying with any obligation contained in any contract which may be executed pursuant to Subsection (A) hereof, the City of New Orleans, through its Commission Council, is hereby granted power to issue by resolution, upon the recommenda- tion of the Public Belt Railroad Commission, its bonds not to exceed Fifteen Million Dollars ($15,000,000) in aggre- gate principal amount, in such forms, numbers and amounts, at such times and prices, and upon such terms and conditions as to maturities, rates and payment of inter- est, and final redemption (which shall not be later than fifty years after their date), and otherwise, as the City of New Orleans may deem advisable, subject to the following limitations and provisions: (a) All such bonds shall be secured solely and only by mortgage of such railroad passenger station or stations, the approaches thereto and appurtenances thereof, and any lands, tracks and other property, real or personal, or rights of use or possession thereof, acquired, constructed or dedi- cated pursuant to Section 31.3 hereof, and by pledge of the net revenues derived from the operation of such prop- erty and by pledge and assignment of any contract or con- tracts executed pursuant to Subsection (A) hereof, and shall be paid therefrom and not by any tax or assessment or levy upon any taxable property in the City of New Orleans, nor out of any other funds, revenues or things of value of 363 Vol. IV App. l l I New Orleans Studies 163 said City; provided that during the period of acquisition 164 and construction of said passenger station or stations and 165 other property, and during the period, if any, after acquisi- 166 tion and construction while the net revenues from the 167 operation shall not be sufficient to provide for the interest 168 or sinking fund or maturing installments of principal of 169 any and all outstanding bonds hereinabove authorized to be 170 issued, the same may be paid out of the proceeds from the 171 sale of any bonds authorized by this Subsection (B) ; and 172 provided, further, that if more than one such passenger 173 station is constructed or acquired, there may be separate 174 mortgages, securing separate issues of bonds, each covering 175 only part of the property referred to in this Subsection (B). 176. In the event of any foreclosure of any such mortgage, the 177 purchaser at foreclosure sale, and his successors and as- 178 signs, shall have a franchise for the use and operation of 179 said passenger station or stations and all other property 180 mortgaged thereby, subject to any contract or contracts 181 which may be made superior to the lien of the mortgage 182 foreclosed upon, until the latest date of maturity specified in 183 any bond secured thereby at any time theretofore outstand- 184 ing, at the end of which period title thereto shall revert to 185 the City of New Orleans. Said mortgage or mortgages shall 186 contain such stipulations, terms, provisions and conditions, 187 not inconsistent herewith, as the City of New Orleans, upon 188 the recommendation of the Public Belt Railroad Commis- 189 sion, may determine. 190 (b) Said passenger station or stations, the approaches 191 thereto and appurtenances thereof, and all other property 192 and right of use or possession of property acquired, con- 193 structed or dedicated pursuant to Section 31.3 hereof, which 194 shall be owned by the City of New Orleans, shall be exempt 195 from every form of taxation, and shall in no manner be 196 hypothecated, leased or alienated by the City of New Or- 197 leans, except as herein set forth; provided, however, that 198 any real or personal property acquired pursuant to Section 199 31.3 hereof not needed for the construction or operation of 200 any facility referred to in Section 31.3 hereof may, by the 201 Commission Council of the City of New Orleans, be leased 202 or sold or dedicated to public purposes of the City of New 203 Orleans. The proceeds of any such lease or sale shall be 204 applied to the payment of the obligations issued hereunder. 205 (c) The bonds issued hereunder and the income there- 206 from shall be exempt from all taxation for State, parish, 207 municipal or other local purposes. 208 (d) All bonds issued hereunder shall have, and are here- 209 by declared to have, the qualities of negotiable instruments 210 under the law merchant. 211 (e) The provisions hereof shall constitute a contract 212 between the holders of any bonds issued hereunder and the 213 State of Louisiana and City of New Orleans. 364 Power to Borrow and Taa, tº s a º e & Vol. IV Constitutional Provisions App. l l I 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 (C) In connection with any project authorized hereby, the City of New Orleans may accept and utilize any grant, loan or financial or other assistance of any board, body or other agency of the United States, or of any other board, body or other agency. (D) Any project hereunder may include such provisions as may be agreed to by the City of New Orleans, through the Public Belt Railroad Commission, or determined by the City of New Orleans, through its Commission Council, for eliminating grade crossings of any tracks used or to be used for reaching the aforesaid passenger station or stations or any other railroad tracks. All or any part of the cost of eliminating grade crossings of any tracks, to the extent agreed to by the City of New Orleans, through the Public Belt Railroad Commission, or determined by the City of New Orleans, through its Commission Council, may be de- frayed by the issue of bonds pursuant to Subsection (B) hereof; but the City of New Orleans is hereby empowered to contribute any funds towards such cost to such extent as its Commission Council may determine; provided no rail- road company shall be required to pay rent or interest on any facility constructed or acquired for the sole use of any other railroad company. The elimination of grade crossings of railroad tracks is hereby declared to be a permanent public improvement within the meaning of Act 341 of 1936, and, in order for the City of New Orleans to obtain funds for any contribution by it referred to in Subsection (D), bonds may be issued under said Act, or under Section 4 of Act 4 of 1916, subject to compliance with the requirements of said respective Acts, but no bonds of the City of New Orleans shall be issued under either of said Acts, or other- wise except as provided in Subsection (B) hereof, to defray any other cost of any project herein authorized. (E) The Public Belt Railroad System shall have no right except through contract, to use in its switching opera- tions any track, depot, terminal, yard or other facilities acquired or constructed, or the right to use which is ac- quired, pursuant to Section 31.3 hereof; provided, however, the Public Belt Railroad Commission shall not be deprived of any of its existing powers of authority by this provision. If the Public Belt Railroad System by contract uses in its switching operations any track or other facility herein- above in this Subsection (E) referred to, the fair value of such use, as agreed to by the Public Belt Railroad Commis- sion, shall be deemed part of the revenues referred to in Section 31.3 hereof, and may be made applicable to the pay- ment of any bond issued hereunder, and pledged under any mortgage hereinabove referred to. (F) Except as and to the extent and with the limita- tions provided in Section 28 of this Article XIV, no right or privilege shall be granted to any railroad company to con- 365 Vol. IV App. l Il New Orleans Studies 265 trol, use or operate the Public Belt Railroad System, or any 266 part thereof, as now existing, or as extended by the use of 267 its own funds or the proceeds of any bonds hereafter issued 268 pursuant to Section 27 of said Article XIV. 269 (G) The City of New Orleans, through its Commission 270 Council, is hereby vested with full power and authority 271 to compel, if deemed by it necessary or desirable to promote 272 the public safety or welfare, any railroad company or rail- 273 road companies entering or hereafter entering the City of 274 New Orleans to use any passenger station or stations 275 and/or any other property referred to in Section 31.3 here- 276 of, on such reasonable terms and conditions as said Com- 277 mission Council may prescribe, and in that connection, to 278 compel any such railroad company or railroad companies 279 to re-locate and re-arrange its or their tracks, yards and 280 other facilities to such extent as may be necessary; it being 281 the intent hereof to vest in the City of New Orleans, 282 through its Commission Council, all power and authority 283 in this regard which might be exercised by or under the 284 authority of the State of Louisiana; provided, however, 285 that the power and authority granted in this Subsection 286 (G) shall be subject to such approval of the Interstate 287 Commerce Commission or other Federal authority as may 288 be necessary. 289 (H) Nothing herein contained shall be deemed to repeal, 290 limit, modify or affect any police power or other power 291 of the City of New Orleans, throught its Commission Coun- 292 cil, or the Public Belt Railroad Commission, or otherwise. 293 (I) Any prohibition herein contained may at any time 294 hereafter, by further amendment of this Constitution, be 295 removed, modified or relaxed, except to the extent that such 296 action shall impair any obligation under any bond thereto- 297 fore issued pursant hereto or under any contract thereto- 298 fore entered into pursuant hereto. 299 (J) This amendment shall be self-operative. 1 Section 31.4 (Added by Act 541 of 1948). The Com- 2 mission Council of the City of New Orleans is authorized to 3 refinance the obligations secured by the mortgage against 4 the building known as the Upper Pontalba Building, in the 5 manner for which provisions are hereinafter made. Title 6 to such building was acquired by the City of New Orleans in 7 1930 and the obligations secured by such mortgage are 8 comprised of approximately $83,500 first mortgage bonds 9 and $74,000 second mortgage notes, together with interest 10 on such notes accrued and unpaid. The City of New Orleans 11 (hereinafter referred to as “the city”) may, in the manner 12 hereinafter provided, authorize and issue revenue bonds 13 for the purpose of refinancing, either through payment or 14 purchase, the aforesaid first mortgage bonds and second 15 mortgage notes, including all interest accrued thereon. 366 Power to Borrow and Taac © a ſº tº tº º Vol. IV Constitutional Provisions App. III 16 18 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 60 61 62 63 64 65 66 Such bonds shall be in an amount not in excess of the total of such outstanding bonds, notes and accrued interest. The Upper Pontalba Building is hereinafter sometimes referred to as “the project.” Ordinances Nos. 12,183 and 12,963, Commission Council Series, heretofore adopted by the Commission Council of the City of New Orleans for the purpose of creating a commission now known as the Upper Pontalba Building Commission, and the appointment from time to time by the Mayor of the members constituting such commission, and all proceedings heretofore taken by such commission in connection with its organization and with the operation and maintenance of the project, are hereby in all things validated, ratified and confirmed, and the Commission Council may, to the extent considered desirable by it, maintain the existence of the Upper Pontalba Building Commission and entrust to it such powers and duties with respect to the operation and control of the Upper Pontalba Building as it may deem fit. Any bonds issued hereunder shall be authorized by reso- lution of the Commission Council and shall be payable solely from the income and revenues to be derived from the operation of the project for which they are issued. The Commission Council may in the resolution or reso- lutions authorizing such bonds agree to maintain and operate the project from the City’s other revenues and funds during the life of the bonds, which agreement may be applicable either to the entire cost of maintenance and operation, or to such portion thereof as may be fixed in such resolution or resolutions. Such bonds shall not constitute an indebtedness or pledge of the general credit of the City within the meaning of, and shall not be sub- ject to, any constitutional or statutory limitation of in- debtedness and shall contain a recital to that effect. Such bonds shall be in coupon form but may be made registera- ble as to principal if so provided in the resolution author- ing the issuance thereof. The bonds shall be in the demoni- nation of $100 or a multiple thereof, shall bear interest at coupon rate not exceeding six per cent per annum, shall mature serially or otherwise in such manner as may be provided by the Commission Council, but not later than forty years from their date, shall be made payable at such place or places within or without the State of Louisiana as may be provided by the Commission Coun- cil, and in the discretion of the Commission Council may be made redeemable at the option of the City prior to maturity at such premium or premiums not greater than three per cent of the principal amount thereof as the Com- mission Council may determine. The bonds shall be signed by such officers of the City as may be designated in the resolution authorizing their issuance. Interest coupons to 367 Vol. IV App. l l I New Orleans Studies 67 be attached thereto may be executed with the facsimile 68 signature of such officers, and in the event that any officer 69 whose signature appears on such bonds or coupons shall 70 cease to be such officer before the delivery of the bonds 71 to the purchaser, such signature shall nevertheless be valid 72 and sufficient for all purposes. The bonds shall be sold in 73 such manner and at such times as the Commission Council 74 may determine after due advertisement in a New Orleans 75 daily newspaper for once a week for three consecutive 76 weeks. 77 Any bonds issued hereunder shall be payable from and 78 secured by the pledge of the revenues derived from the 79 operation of the project, subject only to the prior pay- 80 ment therefrom of such portion of the necessary cost 81 of maintaining and operating the project as may not have 82 been agreed to be paid by the City from other funds as 83 above authorized. Any holder of the said bonds or of 84 any of the coupons thereto attached, may either at law 85 or in equity, by suit, action, mandamus, or other pro- 86 ceedings, enforce and compel performance of all duties 87 required to be performed by the Commission Council 88 and the officials and commissions of the City by the pro- 89 visions of this amendment and the proceedings authoriz- 90 ing the issuance of such bonds. If any bond issue here- 91 under shall be permitted to go into default as to principal 92 or interest, any court of competent jurisdiction, is hereby 93 authorized, pursuant to application of the holder of such 94 bond, to appoint a receiver for the project, which receiver 95 shall be under the duty of operating the project and collect- 96 ing and distributing the revenues thereof pursuant to the 97 provisions and requirements of the resolution authorizing 98 the bonds. 99 If more than one series of bonds shall be issued here- 100 under payable from the revenues of any project, priority 101 of lien on such revenues shall depend on the time of delivery 102 of such bonds, each series enjoying a lien prior and superior 103 to that enjoyed by a series of bonds subsequently delivered; 104 provided, however, that as to any issue or series of bonds 105 which may be authorized as a unit but delivered from time 106 to time in block, the Commission Council may in the pro- 107 ceedings authorizing the issuance of said bonds provide 108 that all of the bonds of such series or issue shall be coequal 109 as to lien regardless of the time of delivery. 110 All bonds issued under the provisions of this amendment 111 shall constitute negotiable instruments within the meaning 112 of the Negotiable Instruments Law as that law is now 113 or may hereafter be in force in Louisiana. 114 Any resolution authorizing the issuance of bonds here- 115 under shall provide for the creation of a sinking fund into 116 which shall be paid from the revenues of the project, 117 subject only to prior payment therefrom of such portion 368 Power to Borrow and Taac tº s is © e Q Vol. IV Constitutional Provisions App. l Il 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 of the reasonable and necessary expenses of operating and maintaining the project as may not have been agreed to be paid from other revenues and funds of the City as above provided, sums fully sufficient to pay principal of and interest on such bonds, and to create such reserve for contingencies as may be provided in such resolution. The moneys in the sinking fund shall be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity in such manner as may be provided in such resolution. The resolution authorizing the issuance of bonds here- under may contain such covenants with the future holder or holders of the bonds as to the management and operation of the project, the imposition and collection of fees, rentals and charges for the products, commodities, rooms or apart- ments, or services furnished thereby, the disposition of such fees, rentals and revenues, the issuance of future bonds and the creation of future liens and encumbrances against such project and the revenues thereof, the carry- ing of insurance on the properties constituting such proj- ect, the disposition of the proceeds of any such insurance, and other pertinent matters, as may be deemed necessary by the Commission Council to assure the marketability of Such bonds, provided such covenants are not incon- sistent with the provisions of this Amendment. Provisions may be made in such resolution for the ap- pointment of a trustee to carry out such duties and to have such powers as may be provided in the resolution, including particularly the power to receive and distribute the revenues derived from the operation of the project, the power to hold all policies of insurance covering the project, the power to enforce in behalf of the holders of the bonds all rights accruing to them by reason of the reso- lution, and such other powers as are customarily granted to trustees under mortgages securing bond issues. As to revenue bonds issued hereunder for the refinancing of the above referred to outstanding obligations secured by mortgage on the Upper Pontalba Building, it is spe- cifically provided that the Commission Council may, in lieu of paying and cancelling the outstanding obligations secured by such mortgage, use all or part of the proceeds of such bonds for the purpose of purchasing or otherwise acquiring the outstanding obligations, and may deposit such obligations with the trustee as additional security for the revenue bonds, and may provide in such deposit agreement that the outstanding obligations so deposited are to be held by the trustee for the benefit of the holders of the revenue bonds, and that if at any time default shall be made in the payment of either principal of or interest on the revenue bonds, the holders thereof shall be subrogated to all rights, powers and privileges enjoyed by the holders of the obliga- 369 Vol. IV App. l l i New Orleans Studies 169 tions so deposited, including specifically the right to require 170 the foreclosure of the mortgage and to require the applica- 171 tion of the proceeds of the foreclosure sale to the amounts 172 due such holders for principal and interest. In the event 173 of any such foreclosure sale, all principal of the revenue 174 bonds shall immediately become due and payable, despite 175 anything to the contrary which may appear in such bonds. 176 If the outstanding obligations are so kept alive and deposits 177 under the provisions of this paragraph, they shall be can- 178 celled at the time the last of the revenue bonds have been 179 paid in full as to both principal and interest, and the 180 mortgage securing such obligations shall be properly 181 released of record. 182 When the City shall have issued bonds hereunder and 183 shall have pledged the revenues of the project for the pay- 184 ment thereof as herein provided, the City shall impose and 185 collect fees, rentals and charges for the products, com- 186 modities, rooms or apartments and services furnished by 187 such project, including those furnished to the City itself 188 and its various agencies and departments, in such amounts 189 and at such rates as shall be fully sufficient at all times 190 to pay the expenses of operating and maintaining such 191 project not otherwise paid by the city, provide a sinking 192 fund sufficient to assure the prompt payment of principal 193 of and interest on the bonds as each falls due, provide such 194 reasonable fund contingencies as may be required by the 195 resolution authorizing the bonds, and provide an adequate 196 depreciation fund for such repairs, extensions and im- 197 provements to the project as may be necessary to assure 198 adequate and efficient service. No board or commission 199 other than the Commission Council of the City shall have 200 authority to fix or supervise the making of such fees and 201 charges. 202 The Commission Council may authorize the issuance of 203 bonds under this Amendment for the purpose of refunding 204 any bonds and/or mortgage notes with accrued interest 205 theretofore issued hereunder. Such refunding bonds may 206 either be sold and the proceeds applied to or deposited in 207 escrow for the retirement of the outstanding bonds, or 208 may be delivered in exchange for the outstanding bonds. 209 The refunding bonds shall be authorized in all respects as 210 original bonds are herein required to be authorized, and 211 the Commission Council in authorizing the refunding bonds 212 shall provide for the security of such bonds and the sources 213 from which such bonds are to be paid and for the rights of 214 the holders thereof in all respects as herein authorized to 215 be provided for other bonds issued under authority of this 216 Amendment. The Commission Council may also provide 217 that the refunding bonds shall have the same priority of 218 lien on the revenues pledged for their payment as was 219 enjoyed by the bonds refunded. 370 Power to Borrow and Taac e e e tº Vol. IV Constitutional Provisions App. l Il 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 Any resolution authorizing the issuance of bonds here- under shall be once published in the official journal of the City, according to law. For a period of thirty days from the date of such publication any person in interest shall have the right to contest the legality of said resolu- tion and of the bonds to be issued pursuant thereto and the provisions securing the bonds. After the expiration of Said thirty days no one shall have any right of action to contest the validity of said bonds or the provisions of the resolution pursuant to which the bonds were issued, and all such bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters. Any bonds issued hereunder shall be eligible for the investment and securing of all public funds and trust fund governed by the laws of Louisiana. This constitutional amendment shall be self-executing, shall not require any supplemental enabling legislation, and without reference to any existing constitutional pro- visions, statutes or laws, shall constitute full authority for the accomplishment of all things herein authorized to be done and for the issuance of bonds hereunder, and no proceedings relating thereto or to the authorization or issuance of such bonds shall be necessary except such as are herein required, and no other provisions of the Con- stitution and Laws of Louisiana, either now in force or hereafter adopted, pertinent to the improvement, construc- tion, acquisition or extension of public improvements or to the authorization or issuance of bonds or the adoption of proceedings by the Commission Council, or in any wise impeding or restricting the carrying out of the acts by this Amendment authorized to be done, shall be construed as applying to any proceedings had hereunder or any acts done pursuant hereto. If any paragraph, clause, or provision of this Amend- ment, or the application thereof to any set of facts, shall be held to be invalid or ineffective for any reason, the remainder hereof shall not be affected by such holding, but shall remain in full force and effect. 371 B. PROVISIONS OF PREVIOUS CONSTITUTIONS, STATUTES, MUNICIPAL ORDINANCES, AND PETI- TIONS RELATING TO THE POWER OF NEW OR- LEANS TO BORROW MONEY AND TAX PROPERTY REFERRED TO IN THE PRESENT CONSTITUTION INTRODUCTION The following legal materials are referred to in the provisions of the present constitution relating to the power of New Orleans to incur indebtedness, issue bonds, and tax property. The preceding part “A” of this Appendix sets forth the constitutional provisions in full. The lines have been numbered so that simple and accurate reference may be made to the analyses in the “Analysis” portion of Chapters 4, 5, and 6. 373 ; ;22 CONSTITUTION OF 1879 Article 271 (as amended by Joint Resolution No. 110 of 1890) Section 1. Be it resolved by the Senate and House of Representatives of the State of Louisiana, two thirds of all the members elected to each house con- curring, That the following amendments to the Constitution of the State be submitted to the electors of the State at the next election for Representa- tives for the General Assembly in the year 1892, for the purpose of retiring the now existing valid outstanding bonds of the city of New Orleans, including the bond certificates or bonds issued under the act of the Legislature, No. 58, of 1882, and to retire judgments now or hereafter rendered against the city on floating debt claims prior to 1879, entitled to be funded under Act No. 67, of 1884, the said city of New Orleans is hereby authorized and directed, on and after the adoption of this amendment, to issue through the Board of Liquidation of the City Debt, bonds to be known as the Constitutional Bonds of the City of New Orleans, not exceeding ten millions of dollars, at fifty years, bearing four per cent per annum interest, to bear date and be in the form prescribed by the Legislature. The said bonds shall be applied by the said board to the retirement of said outstanding bonds and judgments by the sale of said Constitutional bonds, and application of the proceeds of sale by the Board of Liquidation to pay or purchase said outstanding bonds and judgments, or by exchanging the said constitutional bonds for bonds, on the terms and in the mode prescribed by the Legislature. For the payment of the interest and principal at maturity, of said constitutional bonds, and other outstanding bonds not retired under this amendment, and for the payment of the annual allotments and premiums of the premium bonds of said city, the said city is hereby authorized and directed to levy annually, and until the full payment of said bonds, a special tax of one per cent. on all the real and personal property of the city, said tax to be part of and not in addition to the tax of twenty mills and two-tenths of a mill on the dollar of valua- tion now levied for all purposes by the city of New Orleans, and the said tax shall be paid over as collected to, and be applied by the Board of Liquidation, to the payment of the interest and principal at maturity of said Constitutional bonds, and outstanding bonds not retired, and to the payment of the allot- ments of Premium Bonds and premiums extant, in the hands of holders. Said tax is hereby declared to be the contract right of the holders of all said bonds; and the exemption of said Constitutional bonds from all taxation by the City of New Orleans and State of Louisiana is hereby recog- nized and declared, and after the payment of all the annual interest on said Constitutional bonds and bonds not retired and the payment of the said annual allotments of premium bonds and premiums extant in the hands of holders, and after making provisions for a sinking fund, at such time and of such an amount as the Legislature prescribes, the surplus of said one per cent. shall be disposed of as prescribed by the Legislature. The act passed at the present session, No. 36 entitled “An act to carry into effect the Constitutional amendment passed at the present session relative to the bond debt of the city of New Orleans,” etc., be and is hereby approved and confirmed in all its parts as a contract between the city of New Orleans and the holders of the aforesaid Constitutional bonds, Premium bonds, and of the bonds outstanding not retired, as aforesaid. Section 2. Be it further resolved, etc., That the city of New Orleans be and is hereby authorized and empowered to examine into and assume the pay- ment of the claims or obligations of the Board of School Directors for the city and parishes of Orleans due for the years 1880, 1881, 1882, 1883 and 1884, now in the hands of original owners, who have in no wise parted with their right of ownership or pledged the same, as may be found to be equitably due by said board for services rendered, labor performed or materials furnished by authority of said board. Section 3. Be it further resolved, etc., That all electors voting at said election for said amendments shall place upon their ballots the words, “For 375 Vol. IV App. l Il New Orleans Studies 3 the city of New Orleans debt amendment,” and all electors voting at said 4 election against said amendment shall place on their ballots, “Against the 5 city of New Orleans debt amendment.” : . : 2 8 i i 3 5 : : CONSTITUTION OF 1898 IMPEACHMENT AND REMOVAL FROM OFFICE Art. 217. The Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, Superintendent of Public Education, Railroad Commissioners, and the Judges of the Courts of Record in this State, shall be liable to impeachment for high crimes and misdemeanors, for non- feasance or malfeasance in office, for incompetency, for corruption, favoritism, extortion or oppression in office, or for gross misconduct, or habitual drunkenness. * * º Art. 222. For any of the causes enumerated in Article 217, members of the State Board of Appraisers, except the Auditor, Railroad Commissioners, Dis- trict Attorneys, Clerks of Court, Sheriffs, Coroners, Justices of the Peace, Judges of the City Courts, and of other inferior courts of the City of New Orleans and elsewhere, and all other parish, municipal and ward officers, may be removed by judgment of the District Court of the domicile of such officer (in the Parish of Orleans the Civil District Court). The District Attorney may, whenever in his opinion sufficient cause exists therefor, institute such suit, and it shall be his duty (except when the suit is to be brought against himself), to institute such suit on the written request and information of twenty-five resident citizens and taxpayers, in the case of members of the State Board of Appraisers, Railroad Commissioners, district, parish, or munici- pal officers, and of ten resident citizens and taxpayers in the case of ward officers. Such suit shall be brought against a District Attorney upon such written request and information by the District Attorney of an adjoining district, or by counsel appointed by the judge for that purpose. In all suits instituted under this article the defendant, the State and the citizens and taxpayers, on whose information, and at whose request such suit may have been brought, or any one of them, shall have the right to appeal, both on the law and the facts, from the judgment of the court. In all cases where the officer sued, as above directed, shall be acquitted, judgment shall be rendered jointly and in solido against the citizens signing the request, for all costs of the suit. In cases against members of the State Board of Appraisers, Railroad Com- missioners, District Attorneys, Clerks and Sheriffs, the appeal shall be to the Supreme Court, and in case against all other officers the appeal shall be to the Court of Appeal of the proper circuit. Such appeals shall be returnable within ten days to the appellate court wherever it may be sitting or wherever it may hold its next session, and may be transferred by orders of the judges of said court to another parish within their circuit, and such appeals shall be tried by preference over all others. In case of the refusal or neglect of the District Attorney or Attorney General to institute and prosecute any suits provided for in this and the preceding article, the citizens and taxpayers making the request, or any one of them, shall have the right by mandamus to compel him to perform such duty. The institution and pendency of suits brought under this article shall not operate a suspension of the defendant from office. * * * Art. 314. The provisions of the amendment embodied in joint resolution of the General Assembly No. 110, approved July 8th, 1890, and thereafter ratified by the people and made part of the Constitution, are recognized as of full force and effect; the authority conferred upon the City of New Orleans and upon the Board of Liquidation of the City Debt, with respect to the issu- ance of constitutional bonds of the City of New Orleans, and to the levy and collection of a special ad valorem tax of one per cent. upon all the 376 Power to Borrow and Taa: Vol. IV Statutory Provisions App. iii 10 11 12 13 14 : : i i taxable property, real, personal and mixed, in said city, for the payment of said bonds, in principal and interest, and with respect to the manner of such payment, is confirmed, as are also all rights vested by said amendment in the present and future holders of said bonds, whether issued or to be issued; and no limitations imposed by other provisions of this Constitution upon the authority of the City of New Orleans, shall be held to include, apply to, or affect, the taxing power herein contemplated and confirmed. ACT No. 133 OF 1880 AN ACT To liquidate the indebtedness of the city of New Orleans, and to apply its assets to the satisfaction thereof; to create a board of liquidation, and prescribe their duties; and to provide for a fiscal agent and for the levying of a sufficient tax to pay said interest. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That for the purpose of liquidating, reducing and consolidating the debt of the city of New Orleans, as hereinafter specified, a permanent syndicate of six citizens of the said city is hereby created. The said syndicate shall be chosen as follows: two by the Governor of the State of Louisiana, two by the Lieutenant Governor, and two by the Speaker of the House of Representatives, and the Mayor of the city of New Orleans, the Treasurer and the Controller thereof, as hereinafter provided, shall be ex-officio members of said syndicate; provided, that in case no change is made in the present city government, the present commissioners of the consolidated debt, shall act as ex-officio members of said syndicate, and the members of the syndicate so named shall fill all vacancies in their number from death, resignation or otherwise. Section 2. Be it further enacted, etc., That the commissioners of the con- solidated debt or the city officers provided and named in section one of this act, and the syndicate hereby created, shall constitute a board of liquidation of the city debt, and the said board shall have exclusive control and direction of all matters relating to the bonded debt of the city of New Orleans. The board of liquidation shall cause to be prepared bonds of the city of New Orleans, which bonds shall be used only for the purpose of negotiation or of exchange, as hereafter provided. The said bonds shall be signed by the Mayor and countersigned by the Administrators of Accounts and of Finance, or such officer or officers as may be hereafter created to fill their respective functions. They shall be made payable in fifty years from the day of the approval of this act, and bear interest at the rate of four cent per annum, from the date of said bonds, payable, semi-annually, on the first day of April and October of each year, said interest represented by one hundred coupons annexed to each bond. The said bonds and interest coupons annexed may be issued for such sums as may be deemed most convenient by the board of liquidation, and be made payable at such place or places as may be desig- nated in the bond; but the said bonds shall be made payable, interest and principal, in lawful money of the United States; and the said board of liqui- dation shall be and it is hereby empowered and authorized to establish in New York, London, Paris and Amsterdam such agencies as they may see fit and desirable. Section 3. Be it further enacted, etc., That the board of liquidation of the city debt be and it is hereby authorized and empowered to retire and cancel the entire valid debt of the city of New Orleans, except the floating debt created up to the date of the passage of this act, whether represented by bonds of various classes or by judgments, either by the sale of the new bonds created under this act and appliance of proceeds to the purchase of such old obligations, or by exchange of the new bonds against said old obliga- tions, on such terms as may be agreed upon between the holders of the said old obligations and the board of liquidation; provided, the new bonds shall not be sold for a less sum than eighty cents, in cash, on the dollar, and that no exchange shall be made at a greater rate than fifty cents in new bonds 377 Vol. IV o A. | || New Orleans Studies 12 13 14 1 1 1 1 i i per one dollar of the face value of the old obligation with interest accrued thereon; and provided further, that the entire issue of new bonds sold or exchanged, as above provided, shall not exceed in all ten millions of dollars. Section 4. Be it further enacted, etc., That should any obligation of the city of New Orleans be deemed fraudulent or invalid, by any member of the board of liquidation, the same shall not be purchased, exchanged or retired until the holder of the same shall have applied to the proper court for relief, when, if final judgment be in his favor, it shall be deemed to be a valid obligation of the city; and should any member of the board of liquidation knowingly audit, fund, purchase or retire, for value, any illegal obligation of the city of New Orleans, or shall use any of the bonds herein authorized, or the proceeds thereof, or any of the city's assets or property in the hands of the board, by virtue of this act for purposes other than those contemplated in this act, he shall, on conviction thereof, be punished by fine of not less than one thousand dollars and imprisonment at hard labor for not less than one year. Section 5. Be it further enacted, etc., That it shall be the duty of the city authorities, as soon as possible after the organization of the board of liquidation of the city debt, to turn over and transfer to the said board all the property of the city of New Orleans, both real and personal, not dedicated to public use, and the board of liquidation shall be and is hereby empowered and authorized to dispose of said property on such terms and conditions as may be deemed favorable; the proceeds of such sale or sales to be deposited with the fiscal agent of the board at credit of “city debt fund.” Section 6. Be it further enacted, etc., That nothing in this act shall be construed as affecting or in any manner impairing the act 31 of 1876, com- monly known as the “Premium Bond Act,” but it will be the duty of the city authorities to turn over and transfer to the board of liquidation of the city debt all moneys collected on account of the tax levied in accordance with the provisions of the premium bond act; and it shall be the duty of the board of liquidation to apportion the proceeds of said tax and apply the same pro rata and in the proportion which each form of bonded debt shall bear to the entire amount of the city's debt; and such portions of the said proceeds of tax as shall not properly belong to the outstanding amount of premium bonds shall be applied to the payment of interest on the bonds created under this act. Section 7. Be it further enacted, etc., That it is hereby made a felony, punishable, on conviction, by fine not exceeding five hundred dollars and imprisonment at hard labor not exceeding ten years, for the fiscal agent or any member of the board of liquidation of the city debt to divert or misappro- priate any portion of the debt and interest fund herein created from its legitimate channel, as provided. Section 8. Be it further enacted, etc., That the surplus arising from the collection of the debt and interest tax, or from the sale of assets in the hands of the board of liquidation of the city debt, after paying the interest coupons of the bonds issued under this act, shall be used for the purchase and retirement of any valid bonds of the city of New Orleans heretofore created at the rate not exceeding fifty cents per dollar, or, at the discretion of the board, for the retirement of the bonds created under this act at a price not exceeding par; and the bonds or obligations purchased, exchanged or retired shall be canceled and destroyed by the said board of liquidation, after public notice of the same shall have been given in the official journal of the city of New Orleans, and in the presence of such witnesses as may desire to attend. A proces verbal of the same, giving the amounts, numbers, dates and other particulars, for identification of the obligations destroyed, shall be made out and sworn to by a majority of the board of liquidation, and published within ten days of such destruction in the official journal of the city of New Orleans. Section 9. Be it further enacted, etc., That the board of liquidation is required and empowered to open, keep and regulate a special book of registry 378 Power to Borrow and Taa: © e Vol. IV Statutory Provisions App. l l I of bonds of the consolidated bond series of 1880, as follows, to wit: Any holder or owner of any of the former or old bonds of the city, issued previous to the passage of this act, upon surrendering the same for cancelment, accord- ing to the provisions of this act, shall be entitled to have the amount and number of bonds due him registered in said book, in such manner and form as the board of liquidation may determine and prescribe, whereupon, instead of giving to said party a new bond, as contemplated by the preceding sections of this act, the board of liquidation shall grant to such party a certificate of registry, in such form as said board of liquidation may determine and pre- scribe, and said certificate to be transferable, in person or by proxy, on the records of the books of the board of liquidation, and the semi-annual interest on the amount of said certificates, instead of being represented by interest coupons, shall be payable to such party or his order in such form and manner as said board of liquidation may determine and prescribe; and the city of New Orleans shall cause a sufficient number of blank certificates of registry to be printed or engraved in the form and manner prescribed, and shall deliver said blanks to the board of liquidation, to be used agreeably to this section. Section 10. Be it further enacted, etc., That it shall be the duty of the Council of the city of New Orleans to provide a proper office for the board of liquidation of the city debt; but the expenses of engraving, printing and issuing the bonds created under this act, and all the necessary clerical and office expenses, shall be paid out of the funds appropriated and belonging to the payment of interest and principal of the said bonds; provided, that no member of the board of liquidation shall receive any salary or emolument of any kind for his services therein. Section 11. Be it further enacted, etc., That the City Council be and is hereby required to levy an annual tax, calculated upon the assessment of the preceding year, less twenty per cent, sufficient to pay in full the interest on all the bonds issued under the provisions of this act, and any tax levied shall continue in force until superceded by a new levy for the same purpose. Section 12. Be it further enacted, etc., That all parts of all laws in conflict with this act be and the same are hereby repealed. ACT No. 8 || OF |882 AN ACT Entitled an act to authorize the city of New Orleans, in the sale or lease of franchise or right of way for street railroads, or other privileges, to apply the price paid for the same in the performance of works of public improve- ments, of a permanent character, such as paving streets, embellishing parks, etc. Whereas, Notice, as required by Article 48 of the Constitution, has been given of the intention to apply for the passage of this act; therefore, Section 1. Be it enacted by the General Assembly of the State of Louisiana, That hereafter, whenever the city of New Orleans, through her proper authori- ties, shall contract with private corporations, or individuals, for the sale or lease of public privileges or franchises, such as the right of way for street railroads, or for other public undertakings, within her legal power and control, the price paid for the sale or lease of public privileges or franchises, shall be applied by said city in the performance of works of public improvement of a permanent character, such as paving streets, embellishing parks, etc. Section 2. Be it further enacted, etc., That all laws or parts of laws, and especially so much of Section 10 of Act No. 31, Acts of 1876, known as the Premium Bond Act, and of Section 5 of Act No. 133, Acts of 1880, as may be in conflict herewith, be and the same are hereby repealed. 379 X: 'ſ New Orleans Studies ; º 1 ACT No. 67 OF 1884 AN ACT To amend and re-enact Sections 2, 3 and 5, of an act entitled “An Act to liquidate the indebtedness of the City of New Orleans, and to apply its assets to the satisfaction thereof; to create a Board of Liquidation, and prescribe their duties; and to provide for a fiscal agent, and for the levying of a sufficient tax to pay said interest,” approved April 10, 1880; and to further provide for the redemption of the bonds authorized herein, the payment of the interest on the same, when said tax is not levied; and for the disposition and sale of said assets and other property. Whereas, Due notice of the introduction of this act has been given, in accordance with Article 48 of the Constitution; and, Whereas, The legislation heretofore enacted, under Article 254 of the Con- stitution of the State, providing for the liquidation of the indebtedness of the city of New Orleans, has in part proved inoperative; Section 1. Be it enacted by the General Assembly of the State of Loui- siana, That Section 2, of Act No. 133, approved April 10, 1880, be amended and re-enacted so as to read: That the commissioners of the consolidated debt, or the city officers, provided and named in Section 1 of this act, and the syndicate hereby created, shall constitute a Board of Liquidation of the city debt, and the said board shall have exclusive control and direction of all matters relating to the judgment and bonded debt of the city of New Orleans. The Board of Liquidation shall cause to be prepared bonds of the city of New Orleans, which bonds shall only be used for the purpose of negotiation or exchange, as hereinafter provided. The said bonds shall be signed by the Mayor and Treasurer of the city of New Orleans, and countersigned by the Comptroller of said city; they shall be dated June 1, 1884, and be made payable in fifty years from said date, or sooner, at the option of the city, and bear interest at the rate of five per cent per annum from the date of said bonds, payable semi-annually on the first days of June and December of each year; said interest to be represented by one hundred coupons annexed to each bond. The said bonds and interest coupons annexed may be issued for such sums as may be deemed most convenient by the Board of Liquidation, and be made payable at such place or places as may be designated in the bond, but the said bonds shall be made payable, interest and principal, in lawful money of the United States. Section 2. Be it further enacted, etc., That Section 3, of Act No. 133, approved April 10, 1880, be amended and re-enacted so as to read: That the said Board of Liquidation of the city debt be and it is hereby authorized and required, and it is made the duty of the said board, to retire and cancel the entire debt of the city of New Orleans now in the form of executory judgments and registered, under the provisions of Act No. 5, of 1870, and that which hereafter may become merged into executory judgments and likewise registered; except the floating debt or claims created for and against the year 1879, and subsequent years; that it is the full intent and meaning of this act to apply solely the privileges thereof to executory judgments, at present rendered against such city, and to such floating debt or claims against said city for 1878, and previous years merged and to be merged into executory judgments, whether absolute or rendered against the revenues of any particular year or years, previous to the year 1879; that for the purpose of retiring and canceling said judgment debt, the said board is authorized and required either to sell the bonds to be issued under this act at not less than their par value and apply the proceeds thereof to the payment of the said judgments, as above speci- fied, or issue said bonds in exchange for said judgments. Section 3. Be it further enacted, etc., That section five of Act No. 133, approved April 10, 1880, be amended and re-enacted so as to read: That it shall be the duty of the city of New Orleans to turn over and transfer to 380 Power to Borrow and Taac © º Vol. IV Statutory Provisions App. l II i the Board of Liquidation, immediately after the passage of this act, all prop- erty of the city of New Orleans, real and personal, not dedicated to public use; provided, that in the sale of batture property, which is herein included, the right of the city to all future accretions shall be reserved, all assets of said city realized, and to be realized, except such assets and revenues as pertain to the administration of said city, and necessary for the support of the same as at present authorized, all uncollected revenues of said city anterior to the year 1879, when collected; and the said board is hereby authorized and required to dispose of said property and assets, other than stock held in corporations, on such terms and conditions as said board may deem to be to the best interests of the city, and apply the proceeds thereof, together with the uncollected revenues above mentioned, when the same are collected: First, to the payment of the interest on the bonds authorized herein in the event that the tax authorized by section eleven of said Act No. 133, approved April 10, 1880, be not levied; Second, to the redemption and cancellation of the said bonds; provided, that bids for the sale of the same shall be by sealed proposals, and that preference shall be given to the lowest bidder; and provided further, that no bids above the par value of said bonds shall be accepted. Section 4. Be it further enacted, etc., That for the further redemption of said bonds the said Board of Liquidation is hereby authorized and required after each and every allotment of series following the passage of this act, to advertise for sealed proposals for the exchange of drawn premium bonds in possession of the city for the bonds authorized herein to the amount of fifty thousand dollars, of said bonds issued under this act; provided, that no exchange be made unless preference be given to the lowest bidder. Section 5. Be it further enacted, etc., That nothing shall herein be construed as in any manner affecting or interfering with the disposal of property of said city, created under the provisions of Act No. 33, approved March 31, 1877, otherwise than is provided for in section 14 of said act. Section 6. Be it further enacted, etc., That all laws or parts of laws in conflict herewith be and the same are hereby repealed. ACT NO. 128 OF 1890 AN ACT To amend and re-enact section one and section second of the act of the Legislature No. 67, of 1884, entitled “An Act to amend and re-enact sections second, third and fifth of an act to liquidate the indebtedness of the city of New Orleans, and to apply its assets to the satisfaction thereof, approved April 10th, 1880, etc.” Whereas due notice of the introduction of this act having been given in accordance with article 48 of the Constitution. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That section first of said act No. 67 of 1884, be amended and re-enacted so as to read as follows: That the Commissioners of the Consolidated Debt of the city, or officers provided and named in the first section of this act, and the syndicate hereby created, shall constitute a Board of Liquidation of the city debt, and the said board shall have exclusive control of all matters relating to the judgment and bonded debt of the city of New Orleans. The Board of Liquidation shall cause to be prepared bonds of the city of New Orleans, which bonds shall only be used for the negotiation or exchange as hereinafter provided. The said bonds to be signed by the mayor and treasurer of the city of New Orleans, and countersigned by the comptroller of said city; they shall be dated January 1st or July 1st of the year subsequent to the date when the bonds are required to be issued as hereinafter directed, shall be payable fifty years from date or sooner at the option of the city, and bear interest at the rate of four per cent from the date of said bonds, payable semi-annually on the first day of 381 X: 'ſ New Orleans Studies 16 17 18 19 20 January and July of each year; said interest to be represented by one hundred coupons annexed to each bond, the said bonds and interest coupons annexed may be issued for such sums as may be deemed most convenient by the Board of Liquidation, and made payable at such place or places as may be designated by the board, and shall be payable in lawful money of the United States. Section 2. Be it further enacted, etc., That section second of the Act No. 67 of 1884, be amended and re-enacted so as to read as follows: That said Board of Liquidation be and it is hereby authorized and required and it is made the duty of the board to retire and cancel the entire debt of the city now in the form of executory judgments, and registered under the provision of act No. 5 of 1870, and that which may thereafter be merged in executory judgments, and likewise registered, except the floating debt or claims created for and against the year 1879 and subsequent years, that it is the full intent and meaning of this act to apply solely the privileges thereof to executory judgments at present rendered against said city, and to such floating debts or claims against the city for the year 1878 and previous years, merge and to be merged into executory judgments. whether absolute or rendered against the revenues of any particular year or years previous to 1879. That for the purpose of retiring and cancelling said judgment debts, the said board of liquidation is authorized and required to sell the bonds issued under this act, at no less than their par value, and apply the proceeds to the payment of said judgments, as above specified, or issue said bonds in exchange for said judgments, and when issued in exchange, all past due coupons shall be detached from the bonds, withheld and cancelled. “In issuing the bonds of all past due interest coupons shall be detached, and that interest on the first maturing coupons not detached up to the date of the judgment shall be deducted. Section 3. Be it enacted, etc., That this act shall take effect from and after its passage. Section 4. Be it enacted, etc., That all laws or parts of laws inconsistent herewith are hereby repealed. ACT NO. I 10 OF |890 AN ACT To carry into effect the Constitutional amendment passed at the present session of the Legislature, relative to the bond debt of the city of New Orleans, and to authorize and direct the said city to issue through the Board of Liquidation of the city debt, four per cent bonds to be known as the Constitutional bonds of the city of New Orleans, payable fifty years from date; and to direct the retirement of the now outstanding bond debt from said city, premium bonds excepted, by the sale of said Constitutional bonds and application of proceeds by the Board of Liquidation to the payment of said outstanding bonds, premium bonds excepted, and to the payment also of certain judgments against the city on floating debt claims created prior to 1879, and to authorize the purchase by said board of said out- standing bonds, other than premium bonds, or, the exchange thereof for said Constitutional bonds, and for the payment of said Constitutional bonds, and of the aforesaid outstanding bonds, not retired under this act, and for the payment of the annual allotment of premium bonds and premiums; to direct the levy and collection by the city of the tax of one per cent now levied for the bond debt, and to direct the payment to and appli- cation by the Board of Liquidation of said taxes, to the purposes aforesaid for which it is levied, and to provide a sinking fund for said Constitutional bonds; and for the disposition of the surplus of said tax not required for the aforesaid bond debt, and to recognize said tax as the contract right of the holders of the aforesaid bonds, and to recognize also the exemption of said Constitutional bonds from all taxation, and to define the functions and powers of said Board of Liquidation. 382 Power to Borrow and Taa: tº ſº Vol. IV Statutory Provisions App. l l I : : ; : 2 Whereas, Due notice of intention to apply for the passage of this act having been advertised, as required by article 48 of the Constitution. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That, in order to provide for the retirement of the outstanding bond indebted- ness of the city of New Orleans, and such other indebtedness as under existing laws, is or becomes entitled to be funded into any series of bonds, always saving and excepting, however, the bonds known as premium bonds, the city of New Orleans is authorized, empowered and directed to issue bonds to the amount of ten million of dollars; nine thousand of which bonds shall be for one thousand dollars each, and two thousand of which shall be for five hundred dollars each, to be known as the “Constitutional Bonds of the City of New Orleans,” dated July 1st, 1892, payable fifty years after date, with the right to call by lot not more than seven hundred thousand dollars per annum after the year 1925, bearing four per cent. per annum interest, payable semi-annually and represented by interest coupons attached thereto. Said bonds shall be numbered, those of one thousand from one to nine (9) thousand, and those of ($500) five hundred each from one to two thousand (2000), and shall be signed by the Mayor and Comptroller of the city of New Orleans, and delivered to the board of liquidation of the city debt, to be used for the purposes aforesaid in accordance with the provisions of this act. Each of said bonds shall, at the time of its issuance by the said Board of Liquidation and not at any time anterior thereto, be countersigned by the president and secretary of said board; and a daily report shall be made to the Mayor by said Secretary of the number of the bonds so countersigned and delivered, and the purpose for which they were issued. These daily reports shall be laid before the City Council by the Mayor; and the finance committee of said council is required to examine and verify said reports at least once a month, and to report the result of their examina- tion and verification to the council. Section 2. Be it further enacted, etc. That the Board of Liquidation is hereby authorized and empowered to sell and dispose of such amounts of said Constitutional bonds as may be deemed requisite for the purposes hereinafter expressed, the sales of bonds to be made on sealed proposals or bids to purchase to be invited by advertisements published at least five times during the period of thirty days, in one or more newspapers in the city of New Orleans and the city of New York, and no sale to be made before said delay and advertisement, the bonds to be sold to the highest bidder if the bid is deemed acceptable, but the board is to have the right to reject all bids, the bonds to be sold at the highest premium obtainable, and no sale shall be made at less than par. Said advertisements shall provide that all accepted sales shall be con- summated by the payment of the price bid, and the delivery of the bonds purchased at least three days before the date of the maturity or of the call date of the bonds that are proposed to be purchased with the funds derived from the sales; where bonds are sold to pay judgments as hereinafter provided, the advertisements shall provide for the payment of the price, and the delivery of the bonds on a fixed day, and all past due interest coupons on the bonds sold, shall be cut off and cancelled before delivery to the purchasers, and provided no sale of said constitutional bonds shall be made more than thirty days in advance of the period when the funds are needed for the payment or purchase of bonds. Section 3. Be it further enacted, etc. That all the funds received by said Board of Liquidation from the sale of Constitutional bonds, shall be imme- diately deposited with the fiscal agent of the city of New Orleans, or if the fiscal agent is not satisfactory in the opinion of the board, with a chartered depositary selected by the board to the credit of a special fund called the “Bonds Sales Fund,” which said fund shall be used solely and exclusively for the purpose of retiring by payment all the said now outstanding valid bonds of the city of New Orleans matured or subject to be called, including the certificates or bonds issued under the fourth section of the Act No. 58 of 383 X.'ſ New Orleans Studies 10 11 12 13 14 15 16 17 18 1 10 12 13 14 15 16 18 19 1 1882, and including judgments now or hereafter rendered on floating debt claims prior to 1879, entitled to be funded under Act No. 67 of 1884, but ex- cluding premium bonds issued under the Act No. 31 of 1876, shall not be retired under this act, and the interest upon all said bonds subject to call, shall cease after publication of the calls, as now provided by existing laws; no check shall be honored on said fund unless accompanied by a certificate signed by the president and secretary of said board, describing the bonds it is intended to retire, and cer- tifying that said bonds have been surrendered to said board and cancelled, or describing the judgments to be paid and annexing a certificate of its satisfaction. Section 4. Be it further enacted, etc., That after the payment of all afore- said outstanding bonds subject to call or matured, as provided in section 3 of this act, the Board of Liquidation with the fund derived from the sale of Constitutional bonds, shall have the power to purchase the unmatured outstanding bonds of the city, premium bonds always excepted, and to this end, the board by advertisement published once a week in one or more newspapers in the City of New Orleans and the City of New York for the space of thirty days, shall invite sealed proposals from the holders to sell said outstanding bonds, and the board is authorized if deemed judicious to pur- chase said outstanding bonds at the lowest price named in the proposals, but is to be under no obligation to accept, but may in its discretion reject any and all proposals; no purchase of outstanding bonds shall ever be made without the assent of the City Council, and in case of said purchase, the check for the purchase price of the bonds shall be accompanied by a certifi- cate signed by the president and secretary of said board, describing the bonds purchased and certifying that the bonds have been surrendered and cancelled, and provided further that no purchase of said outstanding bonds shall ever be made at any price higher than the face of the bond with accrued interest. Section 5. Be it further enacted, etc., That after the payment of all the aforesaid outstanding bonds subject to call or matured, as provided in sec- tion 3 of this act, the board is hereby authorized and empowered to exchange for the valid outstanding bonds of the city of New Orleans, save and except premium bonds, such an amount of the Constitutional bonds as may be requisite for the purpose of said exchange, said exchange of the Constitu- tional bonds issued under this act for said bonds surrendered in exchange to be made on the terms and conditions as follows: the board by advertise- ment inserted in one or more newspapers in the city of New Orleans and city of New York, to be published three or more times for and during the space of thirty days, shall invite proposals to exchange said outstanding bonds for the Constitutional bonds authorized by this act; the board shall be under no obligation whatever to accept any bid or proposal, but in its discretion is hereby authorized and empowered only if it sees fit to exchange said Constitutional bonds at the lowest price or rates of exchange specified in the said bid or proposals for said bonds surrendered in exchange; provided, however, the board shall use its best efforts to secure as high a premium as possible for the said Constitutional bonds, and in no case shall said Constitu- tional bonds be exchanged at any rate less than the par thereof and provided further, that no exchange shall be made for said bonds surrendered in exchange at any rate higher than their par with accrued interest, and provided further, that a process [sic] verbal shall be prepared and put on file by the board of the numbers and amounts of the bonds surrendered in exchange and at the rate at which they were surrendered and of the numbers and amounts of the Constitutional bonds issued in exchange, and the rate at which they were issued, stating also the date of the exchange, and provided further, that no exchange shall ever be made without the previous assent of the city council. Section 6. Be it further enacted, etc., That all bonds retired under the provisions of this act, shall be immediately cancelled by perforating the same and the attached coupons; and such cancelled bonds and coupons shall not be destroyed but shall be kept by said board as vouchers, and shall be pasted in the bonds books, in accordance with the system, and for many years past in vogue in the conduct of the business by said board. - 384 Power to Borrow and Taac tº º Vol. IV Statutory Provisions App. l Il 1 1 1 3 ; 35 The same method shall be pursued with reference to all bonds and coupons retired with the sinking fund herein provided, and all coupons paid year by year. Section 7. Be it further enacted, etc., That in order to provide for the payment of the principal and interest of the Constitutional bonds, herein authorized to be issued, and of all other outstanding valid bonds of the city of New Orleans, it shall be the duty of the council and proper officers of the city of New Orleans to levy, for the year 1892, and annually there- after, until the principal and interest of the bonds, herein provided to be issued, are fully paid, a special ad valorem tax of one per cent upon all the taxable property, real, personal and mixed, in the city of New Orleans; said special tax to be a part of and not in addition to the tax of twenty mills and two-tenths of a mill on the dollar of valuation now levied for all purposes by the city of New Orleans. The proceeds of said special tax shall be paid over to the fiscal agent or depositary of the Board of Liquidation, to the credit of said board, day by day, as the same is collected by the proper officials of said city; and neither the said city, nor any of its officers, shall have the custody, control, disposition or expenditure of said tax, or any part thereof, except as herein provided. In case the said city, at any time, shall fail or neglect to levy and collect said special tax, or in case the municipal government of the city should be abolished, or in case present territory of the city of New Orleans should be transferred to other municipal corporations, and no proper and efficient provision is made by law to compel those municipal governments to levy and collect said special annual tax of one per cent; or, in case said municipal corporations refuse or neglect to exercise to this end a proper and efficient taxing power bestowed upon them, then, in any of these events, the said Board of Liquidation shall itself, by proper resolution, have power to levy said tax, and to collect the same; and, in said levy and collection, to use any and all the machinery, rights, powers and authority established by the State for the levy and collection of the State taxes; and in case it should become necessary under the above mentioned or similar circumstances, for the said Board of Liquidation to levy and collect said tax, and said board should refuse or neglect to do so, any court of competent jurisdiction, shall, on application of any bondholder, have power to decree the levy of said special tax through- out the said territory, and to have the same collected by the sheriff, or executive officer of the court, and the proceeds applied to the payment of the interest and principal of said bonds. In case any such decree is entered, the sheriff or executive officer of the court, shall have all the powers, rights and authority granted by law by the State to her own tax collectors. Section 8. Be it further enacted, etc., That out of the proceeds of said one per cent per annum tax, beginning in the year 1892, the said Board of Liquidation shall annually provide for the carrying of the premium bond plan, the payment of the interest upon the bonds herein authorized to be issued, and of the interest upon all other outstanding interest bearing bonds of the city of New Orleans, and after the year 1925, for the annual sinking fund necessary to call and retire the number of bonds provided for in section 9 of this act. After making, in each year, the provisions above required, and after deducting the expenses incurred by said board, and after paying any deficiency in the interest fund of any previous years, one-half of the surplus of said tax shall be passed to the credit of a special fund, to be known as the “permanent Public Improvement Fund,” to be disposed of as hereinafter provided; the other half of said surplus shall be paid over to the School Board of the city of New Orleans, in addition to any fund appro- priated by said city out of other funds, to be used in the maintenance and support of the public schools in said city. Section 9. Be it further enacted, etc., That, commencing with the year 1926, five hundred thousand dollars of Constitutional bonds shall be annually called and retired by said board in the [in the] manner herein provided, with funds derived from the proceeds of said tax of one per cent; and commencing with the year 1937, seven hundred thousand dollars of said Constitutional bonds shall be annually called and retired, in the manner herein provided, with said funds. 385 ...'ſ New Orleans Studies 7 In order to determine each year what bonds shall be called and retired, the 8 number of all outstanding bonds shall be placed in a wheel on the first Monday 9 of July in each year, commencing with the year 1926, and five hundred num- 10 bers, or seven hundred numbers as the case may be, shall be drawn out, two 11 numbers of the five hundred dollar bonds counting as one. The numbers of 12 the bonds so drawn shall be published in New York and New Orleans for thirty 13 days together with a notice that said bonds must be presented for payment on 14 the ensuing first of January; and that after that date all interest will stop on 15 said bonds. All bonds so paid shall be cancelled as soon as delivered to said 16 board in the manner specified in section 6 of this act, and detailed report thereof 17 made by the Secretary of the board to the Mayor, who shall lay the same before 18 the council for examination and verification by the Finance Committee thereof. 1 Section 10. Be it further enacted, etc., That, the “Permanent Public Im- 2 provement Fund,” above provided for, shall be used exclusively for the con- 3 struction of permanent public improvements in the city of New Orleans, such 4 as levees, canals, drainage stations, pavements, public buildings, public parks 5 and bridges, and all ordinances passed by the City Council to be paid out of 6 this fund, shall first be approved by the said Board of Liquidation, who shall 7 not draw any check on said fund, unless they are convinced, upon proper 8 inquiry, that said ordinance covers the construction of a permanent public 9 improvement, within the purview of this act. The true interest and meaning 10 of this clause is not to give said board any authority to say to what permanent 11 public improvement any fund shall be applied, but only to see that said funds 12 shall be applied exclusively to the construction of improvements that are perma- 13 nent. 1 Section 11. Be it further enacted, etc., That the Board of Liquidation of 2 the City Debt, established by Act No. 133, of the Acts of 1880, as now con- 3 stituted, is hereby created a body corporate, with right of existence and suc- 4 cession until January 1st, 1943, with power to sue and be sued, to have a 5 corporate seal, to make reasonable rules and regulations for the conduct of its 6 business, and to employ counsel and a reasonable clerical force. None of its 7 members shall receive any compensation for his services. One of its members 8 shall be elected president, and another vice-president, who shall act in the 9 absence or disability of the President. They shall select a secretary (not a mem- 10 ber of the board), who shall give bond for the faithful performance of his 11 duties in the sum of twenty thousand dollars ($20,000), and this bond shall be 12 renewed every three years. He shall receive a salary, to be fixed by the board, 13 not to exceed thirty-five hundred dollars ($3500) per annum, and shall hold 14 his office at the pleasure of the board. Their funds shall be deposited with the 15 fiscal agent of the city of New Orleans, or with some chartered bank in the City 16 of New Orleans selected by the board. The City of New Orleans shall provide, 17 in the city hall or elsewhere, proper offices and quarters for said board and its 18 officers, books, records and archives. The clerical office expenses, counsel fees, 19 and the cost of all printing and engraving bonds under this act shall be paid 20 from said tax fund. On the first of January and July of each year, said board 21 shall make, in printed form, to the city council, a detailed report of all its 22 receipts and all its expenditures, and of its transactions and doings under the 23 provisions of this act, with the names of all its employees, and the amount of 24 compensation paid to each. Nothing in this act contained shall be construed 25 to affect or change in any manner the duties, powers and functions of the 26 Board of Liquidation under existing laws, not inconsistent with this act, or the 27 rights of said board to the assets and property of the city not dedicated to 28 public use, including the uncollected taxes prior to 1879; but said duties, 29 functions, rights and powers are maintained and confirmed in full force. Section 12. Be it further enacted, etc., That any member of said Board of Liquidation who removes his domicile from the city of New Orleans, or who is convicted of any crime against the State, or who is declared insolvent or bankrupt, or who becomes incapacitated to perform his duties, shall forfeit his membership, and it shall be the duty of said board to declare his member- ship vacant, and to elect his successor. Any member may be removed by a two-third vote of the whole board, for misfeasance, malfeasance in office, or for neglect of his duties as a member; or he may be removed on similar grounds by any court of competent jurisdiction at the suit of any bondholder, or ten tax payers. 1 386 Power to Borrow and Taw Vol. IV Statutory Provisions App. iii 1 1 Section 13. Be it further enacted, etc., That in case all, or the majority of the members of said board, should, for any reason become vacant, so as to prevent a quorum of said board, any court of competent jurisdiction shall have power and authority, on the application of holders of at least ten thousand dollars ($10,000) of said Constitutional bonds, to be had contradictorily with the city of New Orleans and the surviving members of the board, if any there be, to fill enough of said vacancies to constitute a quorum, and the quorum so obtained shall fill the remainder of the vacancies. Section 14. Be it further enacted, etc., That said board shall have power, with the concurrence of the City Council, to make and publish reasonable and proper rules for the registry of the bonds to be issued under this act. Section 15. Be it further enacted, etc., That said Constitutional bonds shall be exempt from all taxation State, parish and municipal. Section 16. Be it further enacted, etc., That all of the substantial provisions of this act are hereby declared to be a contract between the State of Louisiana, the city of New Orleans, the tax payers of said city and each and every holder of said Constitutional bonds. Section 17. Be it further enacted, etc., That the Board of Liquidation shall immediately cease extending outstanding bonds under the act No. 58 of 1882. Section 18. Be it further enacted, etc., That nothing in this act contained shall be construed to affect or disturb, in any manner, the existing right to the tax now levied for premium bonds and for said outstanding bonds, not retired, said tax being preserved in full force, and the payment of the allotments of premium bonds and premiums extant in the hands of holders, and of the interest and principal at maturity of all outstanding bonds that may not be retired under this act shall continue as now directed under existing laws; said tax of one per cent being levied for premium bonds and outstanding bonds, not retired, as well as for the aforesaid Constitutional bonds substituted for the outstanding bonds paid, purchased or retired by exchanges under this act. Section 19. Be it further enacted, etc., That the general provisions of this act shall not take effect until the adoption of the aforesaid Constitutional amend- ment; provided, however, that portion of the act prohibiting the further exten- sion of bonds under the Act No. 58 of 1882 shall go into effect immediately, and all laws or parts of laws contrary to or inconsistent herewith be and the same are hereby repealed. ACT NO. I |4 OF 1896 AN ACT To provide for the drainage of the city of New Orleans; to establish the Drainage Commission of New Orleans; to provide ways, means and funds for such drainage; to provide for the issue and payment of bonds and to direct the co-operation of the Board of Commissioners of the Orleans Levee District: Whereas due notice under Article 48 of the Constitution has been given of the intention to apply to the Legislature for the passage of this act: SECTION 1. Be it enacted by the General Assembly of the State of Loui- siana, That a board is hereby established to be called the Drainage Commission of New Orleans, which shall be composed as follows, to-wit: Of the Mayor of New Orleans, the chairman of the Council Committees of Finance, of Budget, and of Water and Drainage, of the president of the Board of Commissioners of the Orleans Levee District, and two other members of said board, selected by it; of the President of the Board of Liquidation of the City Debt of New Orleans, and one other member of said board to be selected by it, being nine members in all; and said commission, by its said name, shall have all the powers and succession of a body politic and corporate. SEC. 2. Be it further enacted, etc., That said commission shall organize by selecting one of its members as president and some competent person as sec- 387 Vol. IV App. l l I New Orleans Studies 3 retary. It shall have power to make by-laws and rules for its own government, 4 and to define the duties of its officers and committees, and to change the same 5 by a vote of two-thirds of its members. It shall hold regular meetings on such 6 days as it may determine, and shall call special meetings, as may be provided 7 for in its by-laws. All meetings of said commission, or any committee, or special 8 committees it may appoint, shall at all times be open and public, and its books, 9 papers, documents and records shall be public records. 10 And it is hereby made the duty of the government of the city of New Orleans 11 to provide suitable offices for said commission, wherein its meetings shall be 12 held and its books, papers, documents and records shall be kept. 1 SEC. 3. Be it further enacted, etc., That that portion of the funds in the 2 hands of the Board of Liquidation under the provisions of Sections 6 and 10 3 of Act No. 110 of the General Assembly of Louisiana of 1890, accruing to public 4 works, etc., from January 1, 1898, is hereby dedicated and applied to the pur- 5 poses of this act; and all monies and funds now under the control of the city 6 of New Orleans and hereafter to be received, arising from the sale of street 7 railroad franchises or other franchises, are also hereby dedicated and applied 8 to the purposes of this act. 9 All monies or funds thus hereby dedicated shall be drawn and expended by 10 said Drainage Commission by checks signed by the president and secretary and 11 countersigned by the mayor. 1 SEC. 4. Be it further enacted, etc., That said commission shall have full 2 power to control and execute the drainage of the city of New Orleans, and may 3 proceed to execute and carry out substantially the plan for such drainage, 4 adopted by the Council of said city, by Ordinance 10,091 Council Series, ap- 5 proved July 10, 1895, so far as it may find said plan desirable and practicable, 6 with the right however to modify the same as in its judgment circumstances may 7 require. 8 It shall have power to make rules and regulations for the protection and 9 conservation of all works under its control, both completed and uncompleted, 10 and of all works necessary or indicental thereto, and any violation of the rules 11 and regulations established by the said commission, and duly promulgated in 12 the Official Journal, shall be punished by a fine not exceeding $25 for each 13 offence, or by thirty days imprisonment for each offence, or by both, in the 14 discretion of the Recorder. 15 It shall be the duty of the city of New Orleans, at the request of said com- 16 mission, to transfer to the custody and control of the said commission so much 17 of the existing drainage plant or plants of the city of New Orleans as the said 18 commission may deem necessary for their purposes; provided however, that the 19 said city of New Orleans shall always, out of her general budget, provide the 20 necessary funds to run all drainage machines now in existence or that may 21 hereafter be established by the commission, the true intent and meaning of 22 this act being that the funds of the commission shall be applied only to the con- 23 struction of permanent public works, and no part thereof shall be applied to 24 the operation of said works. 25 Nothing in this section shall be construed as compelling the commission to 26 take charge of any of the present existing systems unless in their judgment it 27 may be advisable to do so. 1 SEC. 5. Be it further enacted, etc., That all work done or supplies and 2 materials ordered by said commission, of every kind and nature, except emer- 3 gency work in times of extreme peril from storm or flood, shall be let by con- 4 tract to the lowest responsible bidder, by sealed proposals, or by public auction, 5 as the commission may determine, after at least thirty days' advertisement in 6 two newspapers in the city of New Orleans, on approved specifications, one 7 of which specifications shall always be that the contractor shall give bond, with 8 security satisfactory to the commission in at least one-fifth of the amount of 9 his bid for the faithful performance of his contract; and in case the work 10 estimated by the said specifications shall exceed the sum of fifty thousand 11 dollars, bids for the same shall be similarly advertised in New York and Chicago, 12 as well as in the city of New Orleans. 13 In all cases the right shall be reserved by the commission to reject any and 14 all bids. 388 Power to Borrow and Taac Vol. IV Statutory Provisions App. iii SEC. 6. Be it further enacted, etc., That the works performed by said commission shall, so far as possible, be done in such manner as to benefit all parts of the city without discrimination as to locality, and in order to raise funds for the purpose of doing such work speedily and on an extensive scale, said Drainage Commission of New Orleans shall have power to issue and dis- pose of its negotiable bonds to an amount not exceeding five millions of dollars in denominations of $20, $50, $100, $500 and $1000, bearing interest at a rate not exceeding five per centum per annum, payable semi-annually, to be sold by said commission at not less than par. Said bonds shall have forty years to run, and shall, when issued and not before, be executed by the president and attested by the secretary, under the seal of the commission, shall be payable to bearer and shall have semi-annual interest coupons attached bearing the engraved signature of the president. All monies and funds dedicated and applied by this act to the purposes thereof are consecrated to the payment of the princi- pal and interest on said bonds, and the commission after the year 1920, shall have the right to call in by lot not exceeding two hundred thousand dollars of said bonds in July of each year. The numbers of the bonds so drawn by lot, together with notice that such bonds will be paid on the ensuing first of January and that interest thereon will then cease, shall be published in a New Orleans newspaper for thirty days. SEC. 7. Be it further enacted, etc., That all the provisions of this act respecting the dedication and application of funds and money shall constitute a contract with the holder or holders of bonds issued as aforesaid, the obligation of which contract shall not be impaired and may be enforced by any holder of said bonds by proceedings of mandamus and injunction or by other proper proceedings in court. SEC. 8. Be it further enacted, etc., That said commission shall have power to employ such engineers and counsel as it may find necessary in the progress and execution of its work; and shall have the power to expropriate property according to existing laws, by legal proceedings in its name and the right in all streets, and in and over all lands of the State and city in New Orleans or in the parish of St. Bernard is hereby granted to said commission for any of its works. SEC. 9. Be it further enacted, etc., That it shall be the right and duty of the Board of Commissioners of the Orleans Levee District, in the exercise of its obligations under Act 79 of 1892, to co-operate with the Drainage Commission, in executing the plans of said commission, and in order to make such co-operation more effective the said Board of Commissioners of the Orleans Levee District shall have the power and authority to continue the levy of the tax of one mill on the dollar provided for in Section 5 of Act 93 of 1890, until the completion of the levee and drainage systems of the city of New Orleans. SEC. 10. Be it further enacted, etc., That the said commission shall semi- annually, beginning on the first day of January, 1897, make to the common council of the city of New Orleans, a full and detailed report of all sums received and sums expended, the purposes for which expended, and a statement of the progress and character of the work contracted for and performed during the previous six months; and the said commission shall, from time to time, if so required by the council, present special re-reports as they may be demanded. SEC. 11. Be it further enacted, etc., That no member of the said com- mission shall receive any compensation whatever for his services as a com- missioner, except traveling expenses incurred in behalf of the commission. SEC. 12. Be it further enacted, etc., That no member of said commission shall ever be interested in any contract or in the profits of any contract made by said commission, nor for six months after the termination of his connection with the commission, under the penalty of the absolute nullity of said contract, nor shall any member of said commission ever be surety for any contractor or officer of the commission. 389 X: YI New Orleans Studies 1 SEC. 13. Be it further enacted, etc.; That all laws and parts of laws in conflict with this act are repealed, and this act shall be liberally construed to effect its object. : ACT No. 63 OF 1898 AN ACT To amend and re-enact Sections 6, 7 and 8, of Act No. 114, of 1896, entitled “An act to provide for the drainage of the City of New Orleans; to pro- vide ways, means and funds for such drainage; to provide for the issue of bonds, and to direct the co-operation of the Board of Commissioners of the Orleans Levee District;” and to provide for flushing in connection with such drainage. Whereas, due notice under Article 50 of the Constitution has been given of the intention to apply to the General Assembly for the passage of this act; Section 1. Be it enacted by the General Assembly of the State of Louisiana, That Sections 6, 7 and 8, of Act No. 114 of 1896, approved July 9th, 1896, be and the same are hereby amended and re-enacted so as to read as follows: “Section 6. Be it further enacted, etc., That the works performed by said Commission shall, so far as possible, be done in such manner as to benefit all parts of the city without discrimination as to locality, and in order to raise funds for the purpose of doing such work speedily and on an extensive scale, said Drainage Commission of New Orleans shall have the power to issue and dispose of its negotiable bonds to an amount not exceeding one million, five hundred thousand dollars, in denominations of $1,000 each, bearing interest at the rate of five per centum per annum, payable semi-annually, to be sold by said Commission at not less than par. Said bonds shall have forty years to run from November 1, 1897, and shall when issued, and not before, be executed by the President and attested by the Secretary under the seal of the Commission; shall be payable to bearer, and shall have semi-annual interest coupons attached bearing the engraved signature of the President. Such bonds may also be registered under such regulations as said Commission may pre- scribe. All monies and funds dedicated and applied by this act to the purposes thereof are primarily consecrated to the payment of the interest on said bonds; and the redemption of the principal thereof, as hereinafter provided, but any surplus of said funds inuring to said Commission from taxes of 1899, 1900, 1901, and 1902, and from other sources prior to January 1st, 1903, not required to pay current interest on said bonds may be used for the general purposes of said Commission. The Commission, after year 1920 shall have the right, and it shall be its duty, to call in and pay not exceeding two hundred thousand dollars of said bonds in July of each year, and in the order of their issue, beginning with number one. The numbers of the bonds so called in together with notice that said bonds will be paid on the ensuing first of January, and that interest thereon will then cease, shall be published in a New Orleans newspaper for thirty days. Said Commission may also agree with any holder of said bonds that the same may be called in at any time after November 1, 1899. Any bonds which may be hereafter authorized in excess of the above amount of $1,500,000 shall be subordinate to issue above limited. ; Section 7. Be it further enacted, etc., That all the provisions of this act, respecting the dedication and application of funds and monies shall constitute a contract primarily with the holder or holders of said bonds, as aforesaid, to the extent aforesaid, and also with each and every person or corporation that may have entered into contracts with the said Commission; and the obligation of said contracts as to dedication and application of funds and monies shall not be impaired, and may be enforced by any holder of said bonds, or by any contract creditor of said Commission, by proceedings of mandamus and injunction, or by other proper proceedings in court. And in case said Drainage Commission shall cease to exist for any cause prior to the full payment of said bonds in principal and interest, or shall fail to : 390 Power to Borrow and Taac Vol. IV Statutory Provisions App. l Il comply with the provisions of this act in regard to the application of said funds and money, the Board of Liquidation of the city debt shall be charged with the right and duty of applying said funds and monies to the payment of said bonds in principal and interest according to the provisions and intent of this act. Section 8. Be it further enacted, etc., That said Commission shall have power to employ such engineers and counsel as it may find necessary in the progress and execution of its work, and shall have the power to expropriate property according to existing laws by legal proceedings in its name, in the Parishes of Orleans, Jefferson or St. Bernard; and the right in all streets and in and over all lands of the State in the Parish of Orleans and of the City of New Orleans, and in and over all lands of the State in the Parishes of Jefferson and St. Bernard, is hereby granted to said Commission for any of its works. Said Commission shall also have the right to arrange its Power Houses and the disposition of the electric energy thereby generated, in such way, and to construct such conductors, motors, flushing apparatus and other appliances, as will enable the City of New Orleans to flush gutters from the Mississippi River.” ACT NO. 72 OF I900 AN ACT To amend and re-enact Section 8 of Act No. 63 of the General Assembly of the State of Louisiana, for the year 1898, entitled, “An Act to amend and re-enact Sections 6, 7 and 8 of Act No. 114 of 1896, entitled, ‘An Act to provide for the drainage of the City of New Orleans; to provide ways, means and funds for such drainage; to provide for the issue of bonds, and to direct the co-operation of the Board of Commissioners of the Orleans Levee District; and to provide for flushing in connection with such drainage.’” Be it enacted by the General Assembly of the State of Louisiana, That Section 8 of Act No. 63, of the General Assembly of the State of Louisiana for the year 1898, entitled, “An Act to amend and re-enact, Sections six, seven and eight of Act No. 114, of 1896, entitled, “An Act to provide for the drainage of the City of New Orleans; to provide ways and means for such drainage; to provide for the issue of bonds, and to direct the co-operation of the Board of Commissioners of the Orleans Levee District; and to provide for flushing in connection with such drainage,” be amended and re-enacted so as to read as follows: - Section 8. Be it further enacted, etc., That said Commissioners shall have power to employ such engineers and counsel as it may find necessary in the progress and execution of its work, and shall have the power to expropriate property according to existing laws, by legal proceedings in its name, in the parishes of Orleans, Jefferson or St. Bernard, and the right in all streets and in and over all lands of the State in the parish of Orleans and in the city of New Orleans, and in and over all lands of the State in the parishes of Jefferson and St. Bernard, is hereby granted to said Commission for any of its works, said Commission shall also have the right to arrange its power houses and the disposition of the electric energy thereby generated in such way and to con- struct such machinery, conductors, motors, flushing apparatus and other ap- plicances as will give to the city of New Orleans sufficient electric power to light the whole of the said city with electric lights after the expiration of the present contract for lighting said city, in the year 1902; and further, to enable the city of New Orleans to flush gutters from the Mississippi River. ACT No. 6 OF EXTRA SESSION 1899 AN ACT To make effective the vote and levy of the special tax by the property tax- payers of the City of New Orleans for water, sewerage and drainage purposes by authorizing the capitalization of said tax by the issuance of fifty-year 391 X: Y. New Orleans Studies bonds of the City of New Orleans, under certain conditions and with certain privileges and restriction, providing for the payment of the principal and interest thereof, for the disposition of the said bonds and the proceeds thereof, and defining the powers and duties of the Board of Liquidation with refer- ence thereto; by constituting and establishing a Sewerage and Water Board for the City of New Orleans, and defining its powers, duties, rights and obligations with reference to the public, the City Council, the Board of Liquidation, and the Drainage Commission, and vice versa; by authorizing the City of New Orleans, through said board to acquire all necessary prop- erty rights and franchises by purchase, construction or expropriation, either within or without the city, necessary and proper for her public systems of sewerage and water and in such case to assume as part of the purchase price, existing mortgages on said property, and to provide for the payment of the principal and interest of such assumed debts; and to provide for the viola- tion of said act. Whereas, due notice of this act has been published in the City of New Orleans for more than thirty days prior to its introduction into the General Assembly, and due evidence thereof has been exhibited in the General Assembly. And Whereas, on June 6, 1899; the property taxpayers of the City of New Orleans in due form of law voted a special tax of two mills on the dollar for forty-three years, beginning with the year 1899, upon certain conditions set forth in the property taxpayers' petition, made the basis of said election, the proceeds whereof are to be exclusively devoted in such ratio as may be required to the following purposes of permanent public improvement, to-wit: 1. To acquiring title by the city by construction, or purchase, or both, to a system of waterworks, to the extension thereof throughout the city, inclu- sive of the Fifth District, and to the purification of the water supply therefrom. 2. To the construction throughout the city, inclusive of the Fifth District, of a free sewerage system, with free water therefor, the title whereof shall be in the city. 3. To the completion of the public drainage system of the city of New Orleans, inclusive of the Fifth District, now in process of construction. And Whereas, the Common Council of the City of New Orleans did by Ordinance No. 15,391, C. S., approved June 22, 1899, levy the said tax upon the said conditions, and provide for the establishment of said public systems of sewerage and water. And Whereas, the said conditions so imposed upon the said tax require legis- lative action to make them thoroughly effective so that the purposes of said tax levy may be fully carried out;- Section 1. Be it enacted by the General Assembly of the State of Louisiana, that subject to the ratification of the people of the State of Louisiana, by an amendment to the Constitution of the State, the whole proceeds of the special tax of two mills voted by the property taxpayers of the City of New Orleans on the sixth day of June, 1899, on the basis of the assessed values of the City of New Orleans for the year 1899, added to the proceeds, on the same basis, of one-half of the surplus of the present one per cent. debt tax, levied by virtue of Article 314 of the Constitution of the State of Louisiana of 1898, shall be capitalized by issuing the bonds of the City of New Orleans, to be styled the “Public Improvement Bonds of the City of New Orleans”, dated July 1, 1900, having fifty years to run, bearing as low a rate of interest as can be negotiated for, but not in any event to exceed four per cent. per annum, which bonds are to be sold only as needed, at not less than par and accrued interest and the proceeds thereof applied exclusively to the purposes above set forth. The proceeds of the two funds aforesaid shall be applied by preference in each year to the payment of the interest on said bonds, and any surplus remaining after the payment of such interest, and all arrears of interest, may be used, 392 Power to Borrow and Taa, * * * * g g Vol. IV Statutory Provisions App. l Il 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 less 20 per cent. reserve from each year's surplus, in extending and completing the public works aforesaid. Whenever the aggregate of the surplus aforesaid shall equal a sum sufficient to pay one-half the annual interest on the bonds aforesaid, then no such surplus shall be reserved as long as the amount of this aggregate remains intact; and this reserve shall be used only when necessary to insure the prompt and regular payment of interest on said bonds. So much of the special tax to be levied in the year 1899 as may be necessary shall be used in such acquisitions of property, preliminary investigations, surveys and experiments as the “Sewerage and Water Board,” hereinafter constituted, may in their judgment find necessary and proper to enable them to plan, devise and prepare to contract for the construction of the permanent public works afore- said. Said bonds shall contain a clause authorizing the City of New Orleans, after July 1, 1942, to call and pay the principal of the same at par and accrued interest, in such manner and form as it may deem best. The interest on said bonds after July 1, 1942, and the principal thereof shall be paid by the levy after the year 1942 of the one per cent. debt tax aforesaid until all the principal and interest of said bonds are fully and finally paid, and the proceeds of said one per cent debt tax are specially dedicated to said purpose on and after July 1, 1942. In case there should be in any year a deficiency in the funds aforesaid to pay the full interest upon all of the bonds oustanding, such defi- ciency of interest shall be funded into bonds of such denominations as may be found convenient, bearing the same rate of interest as the original bonds, and having a term to run equal to the balance of the term on the original bonds, but subject to call at will by the City of New Orleans; and in case any such bonds are issued they shall be stamped across their face “Interest Funding Bonds issued subject to immediate call;” and all surplus revenues thereafter arising from said taxes shall be applied to the retirement of such bonds numerically as fast as such surplus accrues. Said interest funding bonds shall have all the guarantees and securities provided for the original bonds in said Ordinance No. 15,391 C. S., and this act for their payment, principal and interest. Section 2. Be it further enacted, etc., that as soon as constitutional authority above mentioned for issuance of said bonds is obtained it shall be the duty of the Board of Liquidation of the City Debt, at the expense of the special tax fund in their possession, to advertise for sixty days in London, Amsterdam, New York, Chicago and New Orleans, for sealed proposals to buy the whole issue of said bonds, to-wit: Twelve millions bearing 4 per cent, or fourteen millions bearing 3% per cent, or sixteen millions bearing 3 per cent, the pur- chaser or purchasers to take the bonds from time to time, on sixty days' notice, and pay the cash therefor as the exigencies of the Sewerage and Water Board require; and it shall accept the bid or bids, or aggregate of bids or parts of bids covering the whole issue, not less than par and accrued interest, that agrees to take such bonds at the best price and the lowest rate of interest; such accept- ance, however, shall be subject to the ratification of the City Council by a formal ordinance. Both the Board of Liquidation, City Debt and the Council shall have power to reject any and all bids and to readvertise for new bids in the manner above provided. - Section 3. Be it further enacted, etc., That when the rate of interest which said bonds are to bear has been fixed by the bid aforesaid, and the acceptance thereof by the City Council, the Board of Liquidation shall cause said bonds to be engraved of proper design, at the expense of the special tax fund in their possession. Said bonds shall be of denomination of $1,000.00 each, payable in lawful money of the United States, with semi-annual interest coupons annexed, payable January 1, and July 1. They shall be signed by the mayor and Comp- troller of the City of New Orleans, and countersigned by the President or Vice- President and Secretary of the Board of Liquidation of the City Debt. They may be registered and released from registry under the rules and regulations prescribed by said Board of Liquidation, and no registered bond shall be negoti- able. Like other city bonds, they shall be exempt from all taxation, State, parish and municipal, and the tutors of minors and curators of interdicts shall be authorized to invest the funds in their hands in such bonds. 393 Vol. IV App. Ill New Orleans Studies 1 Section 4. Be it further enacted, etc., That inasmuch as the surplus of 2 the one per cent debt tax aforesaid has heretofore by Act No. 114 of the Acts 3 of 1896, and Act No. 63 of the Acts of 1898, been devoted exclusively to 4 drainage purposes, and the Drainage Commission, constituted by said acts, has 5 issued bonds, callable after December 1, 1899, payable out of said fund, there 6 shall be sold and delivered as aforesaid, as soon as possible, Public Improve- 7 ment Bonds enough to provide for the retirement of said drainage bonds, and 8 the first funds that reach the hands of the Board of Liquidation from the sale 9 of said public improvement bonds shall be exclusively and sacredly devoted to 10 the payment and retirement of said outstanding drainage bonds, and any other 11 debts created by the Drainage Commission against said funds, so as to free the 12 said surplus of the one per cent debt tax from all lawful claims and demands 13 thereon, in order that the dedication of said funds to the purposes of this act 14 may have full force and effect. 15 On and after the adoption of the Constitutional Amendment aforesaid, the 16 Drainage Commission shall not issue or dispose of any more bonds under the 17 acts aforesaid, and when the bonds issued by it have been retired as aforesaid, 18 the proceeds of the sale of all franchises now required by law to inure to said 19 commission shall revert to the City of New Orleans, to be used for permanent 20 public improvements. After the passage of this act the Drainage Commission 21 shall make no contracts payable out of the bonds issued to or to be issued 22 by it or payable out of the half surplus of the one per cent tax for the extension 23 of the drainage system beyond those now made. 1 Section 5. Be it further enacted, etc., That the Board of Liquidation of 2 the City Debt shall immediately deposit the proceeds of the sale of the “Public 3 Improvement Bonds” aforesaid, and the proceeds of the special tax aforesaid 4 and the surplus of the one per cent debt tax aforesaid, and of the proceeds 5 of the one per cent tax after July 1, 1942, with the fiscal agent of the City 6 of New Orleans, or if the fiscal agent is not statisfactory in the opinion of 7 the Board of Liquidation, with a chartered depository selected by the Board 8 of Liquidation, with the approval of the City Council, to the credit of a special 9 fund called the “Public Improvement Fund,” and said Board of Liquidation 10 are specially charged with the payment of the interest and principal of the 11 bonds aforesaid. 12 All payments made by the “Sewerage and Water Board,” aforesaid, are to 13 be made in the form of warrants or drafts on the “Board of Liquidation of 14 the City Debt,” setting forth the amount thereof, the person to whom payable 15 and the purpose for which the payment is made; and the said Board of Liquida- 16 tion is hereby charged with the duty of taking care that no irregular, or 17 improper or unlawful payments are made out of said special tax fund. Said 18 Board of Liquidation shall have no authority or right to use or to pay out any 19 portion of said special tax fund, or the half surplus of the said one per cent 20 debt tax, for any purpose whatever, except for the purposes especially designated 21 in this Act. 1 Section 6. Be it further enacted, etc., That the powers, duties and func- 2 tions of the Board of Liquidation of the City Debt as set forth in Act No. 110 3 of the Acts of 1890, shall continue in full force, until the bonds authorized by 4 this act are fully and finally paid and retired, and all the provisions of said 5 act with reference to the power and duty of said Board, in certain contingencies, 6 to levy and collect the said special tax of one per cent are hereby extended 7 the said special tax of two mills, and to the said one per cent debt tax, after 8 the year 1942; and said taxes and their proper levy and collection, are hereby 9 declared to be the vested right of all the holders of bonds issued under this 10 act; provided, that nothing in this act shall be construed so as to authorize 11 or empower the Board of Liquidation or any other body to levy and collect 12 the said special tax of two mills after the year 1942. 1 Section 7. Be it further enacted, etc., That said Board of Liquidation shall 2 semi-annually, the 1st of January and the 1st of July, of each year, present 3 to the City Council a detailed report of all receipts and disbursements coming 4 into its hands under the provisions of this act. 394. Power to Borrow and Taa: e - Vol. IV Statutory Provisions App. l l I ; : ; : : : : : Section 8. Be it further enacted, etc., That for the purpose of constructing, controlling, maintaining and operating the public water system and public sewerage system of the City of New Orleans, there is hereby organized and constituted a “Sewerage and Water Board,” to be composed of the members of the Drainage Commission as now constituted, and a citizen property tax- payer possessing property assessed in his own name and situated in the City of New Orleans of two years' previous residence in each of the seven municipal districts of the City of New Orleans, to be appointed by the Mayor for twelve years, with the consent of the Council. The first appointment to be made under this act shall be one for two, one for four, one for six, one for eight, one for ten, one for twelve, and one for fourteen years, so that one new commissioner will be appointed every two years; and on the expiration of each commissioner's term his successor shall be appointed for twelve years. All vacancies shall be filled by appointment by the Mayor, with the consent of the Council, for the unexpired term. In case any taxpayer member of the Sewerage and Water Board shall be elected to any office, or receive any appointment which would make him a member of the Drainage Commission, or shall remove his residence from the district from which he was appointed, or shall cease to be a property taxpayer, his membership of said board as such taxpayer shall be ipso facto vacated, and his successor shall be immediately appointed as aforesaid; provided, however, that no person who is a stockholder or bondholder in any sewerage or waterworks company shall be eligible by appointment to said Board. In case any additional memberships are hereafter added to the Drainage Commission as now constituted, the incumbents thereof shall not constitute part of said board; and in case any of the present memberships of the said Drain- age Commission are stricken therefrom the said Board shall remain diminished by such reduced membership; provided, however, that the Mayor of the City and the chairman of the three city committees of finance, budget, and water and drainage, and the president and one designated member of the Board of Liquidation shall always be members of said board, even if they should be excluded from the Drainage Commission, or the said commission should be abolished. The said “Sewerage and Water Board” shall be appointed and organized immediately after the passage of this act, and shall forthwith proceed to execute the powers granted to and duties imposed upon it so far as the same can be done before the constitutional authority aforesaid can be obtained. It shall make rules fixing its own meetings and procedure, and these rules shall be changed only by the vote of twelve members at a regular meeting. Section 9. Be it further enacted, etc., That the members of said board shall be removed from office only in the manner and for the causes enumerated in Articles 217 and 222 of the State Constitution. Section 10. Be it further enacted, etc., That the Mayor of the City of New Orleans shall be Ex-Officio President of said board and said board shall elect some competent and responsible person as Secretary, who shall receive a salary of $1,800.00 a year which may be increased with the consent of the City Council. He shall hold office subject to the pleasure of the board. No member of said board shall receive any salary or compensation whatever for his services, except actual traveling expenses incurred at the request of, and for the benefit of the board. The board shall have power to elect one of its members President pro tempore, who shall act in the absence or disability of the President. Section 11. Be it further enacted, etc., That all meetings of said board shall be held in the City Council chamber, and shall be open and public, and all of its transactions shall be recorded in the minutes thereof to be kept in writing by the Secretary; and its records shall be public records. Nine members thereof shall constitute a quarum. Section 12. Be it further enacted, etc., That said Board shall elect a com- petent and skillful engineer as general superintendent and shall fix his salary, and shall from time to time define his duties and powers. He shall hold office during the pleasure of said board. It shall also have power to organize and employ a board of advisory engineers in order to arrange and devise an efficient 395 X: Y I New Orleans Studies : : public sewerage system in this city, and an adequate public water supply of pure water, and to fix the compensation of such advisory board. Section 13. Be it further enacted, etc., That the said board shall have the power and authority to employ all the necessary clerks, engineers, firemen and other skilled and unskilled employees necessary and proper to the efficient administration, operation and control of the said public sewerage and said public water system. All such employees, except unskilled laborers, shall be appointed only after they have passed the civil service examination by the Civil Service Commissioners of the City of New Orleans. They shall hold their positions during good behavior, and shall be removed only for cause and after hearing by the Civil Service Commission. The general superintendent shall have authority to suspend an employee for cause until trial before the commission. Nothing herein shall be construed as preventing the board from dispensing with the services of unnecessary employees. Civil service rules shall not apply to the Secretary, the General Superintendent or to the Advisory Board of Engineers. Section 14. Be it further enacted, etc., That the City Attorney of the City of New Orleans, shall be the legal advisor of said board, and said board shall have no power or authority to employ counsel unless some question shall arise between it and the City of New Orleans. The City Attorney shall receive as compensation for his services to said board the sum of twenty-five hundred ($2,500.00) dollars per annum payable monthly out of the funds of said board up to the first day of May, 1902, when said salary shall cease. If the legal business of the board shall become of sufficient magnitude to require it, it shall be the duty of the Council, on the request of the board, to authorize the City Attorney to appoint with the approval of the City Council, a special assistant for this purpose, whose salary shall be fixed by the board and paid out of its funds, and shall not exceed the sum of thirty-five hundred ($3,500.00) dollars per annum. Section 15. Be it further enacted, etc., That said board shall have power, by a vote of twelve of its members, to acquire in the name and for the benefit of the City of New Orleans the plant and franchise of any water or sewerage companies in the City of New Orleans, but no contract for that pur- pose shall be valid until ratified by ordinance of the Common Council of the City of New Orleans. In case no agreement can be reached between said board and the City Council on the one side, and the representatives of the said com- panies on the other, as to the price to be paid said companies for their property and franchises, and it shall become necessary for the City of New Orleans to expropriate the same, the price to be paid on such expropriation shall be paid by said board out of the proceeds of the bonds aforesaid. The outstanding mortgage bonds of such companies may be assumed by the city as part of the price. Nothing in this act shall be held to affect the right of either the State of Louisiana or the City of New Orleans in the pending litigation against the New Orleans Waterworks Company, or the New Orleans Sewerage Company. Section 16. Be it further enacted, etc., That in case any of the outstanding mortgages upon the property mentioned in the foregoing section are assumed by the City of New Orleans as part of the purchase price thereof, the city shall in the ordinance of assumption, make provision for the payment of the interest and sinking fund of said debts out of the water rates to be collected by the said Water and Sewerage Board. The City Council shall further have power to extend and renew and refund said mortgage debts, with the con- currence of said Water and Sewerage Board; but both bodies are prohibited from increasing the amount of any assumed mortgage or from putting any addi- tional mortgage debt on said property, or from mortgaging any water or sewerage plant that may be constructed. Section 17. Be it further enacted, etc., That whenever it becomes necessary to expropriate any property convenient or necessary for the public works afore- said, it shall be the duty of the City Attorney, on the request of said board, to institute such proceedings in the name of the City of New Orleans, and to 396 Power to Borrow and Taac © º Vol. IV Statutory Provisions App. l l i i 10 12 13 1 1 1 1 i : 10 12 13 14 15 16 17 18 19 20 21 22 acquire the title to all such property in the name of said city; and the title to all the public works aforesaid, constructed by said board, and to all property of every kind and nature, real or personal, purchased or in any way acquired by said board, shall be vested in the City of New Orleans, and said board shall have full authority to expropriate any property in any of the parishes adjoin- ing the parish of Orleans that it may find convenient and necessary for the proper execution of the powers herein granted to it, and to extend its works into such parish for the benefit of the City of New Orleans, and to have jurisdiction and authority in such parish over said works therein situated. Section 18. Be it further enacted, etc., That it shall be the duty of the said board to so plan, adjust and arrange the said public sewerage and public water systems as to make the same conform to, and as to prevent conflict with, the present approved plans of the Drainage Commission; provided that nothing contained in this Section shall in any manner affect the apportionment provided for in Section 27, of this act. Section 19. Be it further enacted, etc., That all persons, firms and corpo- rations that have under and by virtue of any grants heretofore made, express or implied, laid mains, pipes or conduits, or constructed any railroads, buildings, works or structures of any kind in, on or over the public streets, shall be compelled at their own cost and expense, to shift or adjust their said mains, etc., to the exigencies of said public sewerage and public water systems. Section 20. Be it further enacted, etc., That the said board shall have full power and authority to make all needful rules and regulations for the use of the said public system of sewerage and the free water supply furnished there- with, and to prevent the obstruction thereof or interference therewith or damage thereto, and to compel all premises in the City of New Orleans to be connected with said system, and to compel the closing and discontinuance of all other sewers, and all vaults, cess-pools, privies, water closets, urinals, foul water drains, and outlets for any kind of fluid material whatever; and any violation of the rules and regulations so established by said board and duly promulgated in the Official Journal, shall be punished by a fine not exceeding $25.00 for each offense or by imprisonment not exceeding thirty days for each offense or by both, in the discretion of the court having jurisdiction of the offence. So much of such fines as may be inflicted for the violation of the rules pertaining to the sewerage system shall revert to the City Health Authori- ties. Nothing in this act shall be construed as taking away the existing inspect- ing and supervisory power of the Board of Health of the City of New Orleans, over the sanitary conditions of premises. Section 21. Be it further enacted, etc., That the said board shall have power to fix the rates to be charged private consumers of water, and to collect the same from all persons who use water (except for sewerage purposes only) from the public water supply of the City of New Orleans except the City of New Orleans and her public institutions, such as jails, schools, etc.. the Charity Hospital, the Touro Infirmary, the House of Good Shepherd, Soldiers' home, Hotel Dieu, the Louisiana Retreat, the Southern University and all orphan asylums and homes for aged and infirm. These charges shall be based, as far as possible, upon the actual amount of water consumed, shall be equal and uniform for each grade or class of customers, and shall be framed so as to cover only the actual cost of the maintenance of the said public water system, inclusive of interest and sinking funds of any assumed mortgage bonds on said property, and of the furnishing of the public and private water supply. Said board shall have further power to make reasonable rules and regulations for the use and consumption by such pay customers, and by such free consumers of the water supply furnished them, and to prevent the obstruction of, interference with or damage to, the pipes, mains and other appurtenances of said water system, and any violation of such reasonable rules and regulations so established by said Board, and duly promulgated in the Official Journal, shall be punished by a fine not exceeding $25.00 for each offense, or by imprisonment not exceeding thirty days for each offense, or by both, in the discretion of the court having jurisdiction of the offense. 397 X: y I New Orleans Studies 1 1 1 : 10 12 13 14 15 1 | Section 22. Be it further enacted, etc., That all funds received by the said board from water rates, and from the City of New Orleans, by appropriation from its treasury, shall be deposited to the credit of the said board as collected, with the fiscal agent of the City of New Orleans, and shall not be paid out except upon duly adopted resolutions of appropriation, promulgated in the Official Journal, and upon checks signed by the President and Secretary of said board, and countersigned by the chairman of the Finance Committee of the City of New Orleans. Section 23. Be it further enacted, etc., That all supplies and materials required by said board for the conduct, operation, maintenance and repair of said public systems of sewerage and water shall be purchased on detailed written specifications as to grade, quality and amount from the lowest bidder under Sealed proposals, who can give the required bond to comply with the contract at public adjudication, after at least ten days' notice in the Official Journal of the City of New Orleans. In every case it shall have power to reject all bids and advertise for new bids. In case of emergency the General Superin- tendent can, with the written consent of the President pro tempore of the board and of the Mayor of the city, contract a bill for such supplies and material not exceeding $500.00 in amount, but all such bills so contracted must be reported, with the reasons therefor, to the next meeting of the board, otherwise the board shall not pay the same. In the purchase of all supplies and material, preference shall be given to home merchants and manufacturers, all conditions being equal. All contracts for repair or renewal work not executed by the regular employees of the board, shall be similarly let to the lowest bidder, after similar advertisement, with the same right of rejection. Section 24. Be it further enacted, etc., That all contracts for the construc- tion of the said public systems of sewerage and water shall be let to the lowest bidder by sealed proposals or by public auction, as the board may deter- mine, after at least sixty days' advertisement in two newspapers in the City of New Orleans, on detailed plans and specifications one of which specifica- tions shall always be that the contractor shall give bond with some surety company authorized to do business in the State of Louisiana, satisfactory to the board, in a sum of at least 25 per cent of the estimated amount of his bid for the faithful performance of his contracts; and in case the work estimated by said specifications shall exceed the sum of $50,000.00, bids for the same shall be similarly advertised in New York and Chicago, as well as in the City of New Orleans. Every such contract exceeding $25,000.00 in amount shall be approved by resolution of the City Council before the same shall be operative and binding on the said board. In every case the board shall have power to reject all bids and readvertise for new bids. Section 25. Be it further enacted, etc., That no member of said board shall ever be interested, directly or indirectly, in any contract, or in the losses or profits of any contract for labor, supplies, material or construction made by said board, nor for six months after the termination of his connection with the board under the penalty of dismissal from said commission and the absolute nullity of said contract; nor shall any member of said board ever be surety for any contractor, or officer, or employee of the board, under a similar penalty. In case any member of said board shall be director or stockholder in any corporation, or shall be agent for any person, who may be pecuniarily inter- ested in any subject before the board, he shall not at any meeting of the board, or any of its committees, discuss or vote on any such subject. Section 26. Be it further enacted, etc., That in all contracts made and executed by said Board for the construction or repair of said public systems of sewerage and water, there shall be contained a clause that the contractor shall give the preference in employment to bona fide residents of the City of New Orleans, both as skilled and unskilled laborers, and shall not employ any non- resident laborers, skilled or unskilled, (except confidential clerks, chief engi- neers and head superintendents), as long as any resident labor is ready, willing and able to do the work required; that the penalty for each violation of this clause shall be the forfeiture of the sum of $25 for each person so 398 Power to Borrow and Taa. Vol. IV Statutory Provisions App. l l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 : | : ; i unlawfully employed to be deducted by the board from the contract price due the contractor; and that the general superintendent of said board shall have the authority to dismiss all persons employed in violation of this clause. Provided that this clause shall not apply to skilled mechanics and machinists brought to the City of New Orleans by the manufacturers of machinery solely for the purpose of erecting and testing the same. No person shall be considered a bona fide resident of the City of New Orleans under this clause of this act unless he has actually resided in the City of New Orleans for six months prior to his employment. All the permanent employees of said board, who are required to be appointed after civil service examination, shall be of good moral character, and bona fide residents of the City of New Orleans for at least one year prior to their appoint- ment. Said board shall have power, and it shall be its duty to demand and require bonds with good and sufficient surety for the faithful performance of their duties from all of its employees who handle money or material, or who fill positions of responsibility. Section 27. Be it further enacted, etc., That said board shall have power to apportion the proceeds of said Public Improvement Bonds, and the surplus of said taxes, among the three objects aforesaid—water, sewerage and drain- age—but any such apportionment shall be made by a vote of twelve members of the board, exclusive of the Mayor, and shall be also approved by the Mayor in writing; and in case twelve members of the said board and the Mayor cannot agree upon any apportionment, the matter shall be referred to the City Council, who shall have power to make said apportionment. Provided, that no appor- tionment of said funds to drainage purposes shall exceed one-third of the proceeds of said Public Improvement Bonds and surplus, until the water and sewerage systems are completed. Section 28. Be it further enacted, etc., That the City of New Orleans shall annually in her budget of expenses, provide out of her alimony by proper appropriation all the funds necessary and proper, over and above the receipt of said board for water rates, to maintain and operate in an efficient manner the said public system of sewerage and the said public system of waterworks, inclu- sive of interest and sinking funds of any assumed mortgage bonds thereon, and the said board shall in the first week in November of each year present to the Council an estimate of the amount requisite for these purposes for the following year. No portion of the proceeds of said public improvement bonds or of the said taxes shall ever be applied to the maintenance and operation of said public system of sewerage, water and drainage, but they shall be used for construction purposes only. Section 29. Be it further enacted, etc., That said board shall not have the power to obligate itself or to create any debt for construction purposes in excess of the cash amount of the proceeds of said bonds, and the surplus of said tax, and all such debts and obligations in excess of the actual cash amount of these funds shall be absolutely null and void, and of no effect; nor shall the said board, in any year, have the power to spend any sum of money, or to create any debt for the maintenance and operation of said public system of sewerage and water in excess of the actual revenue of that year, and all such debts and obligations in excess of the actual revenue of that year shall be absolutely null and void, and of no effect. The surplus revenue of one year may be carried forward and added to the revenue of the following year, but no contract or expenditures of any kind shall ever be made in anticipation of any surplus of either construction or maintenance fund. Section 30. Be it further enacted, etc., That all connections with the sewer- age and water mains of the two public systems aforesaid shall be made at the cost of the said board from the said mains to the edge of the foundations of the buildings on the property line, or if there are no foundations on the prop- erty line, then to the property line itself, and from that point on, they shall be made at the cost and expense of the owner of the property. 399 Vol. IV App. Ill New Orleans Studies 7 Each owner shall have the right to contract for the putting in of all such 8 connections as he is chargeable with, but all such work shall be done under 9 the rules and regulations, and subject to the inspection and control of said 10 board. The board shall take separate bids from contractors for putting all prop- 11 erty holders' connections and sewerage fixtures, leaving to each property holder 12 the right to require the work in his premises to be done by such contractor 13 at the bid price, or to employ someone else for that purpose. 1 Section 31. Be it further enacted, etc., That said board shall have the right to use the power supplied by the central power station of the Drainage Com- mission for all the necessary and convenient purposes of said public sewerage and water systems, and it shall be the duty of the Drainage Commission to furnish such power on demand and free of charge. But in case the demand for power for these purposes on the Drainage Commission shall be such as to require the installation of additional machinery, the cost of such installation shall be charged to the funds apportioned for water, or for sewerage, or for both, as the case may be, and not to the funds apportioned for drainage. Section 32. Be it further enacted, etc., That on the first of January and the first of July of each year it shall be the duty of the said board to make to the City Council, in writing, a full and detailed report of its acts, doings, receipts, and expenditures. Section 33. Be it further enacted, etc., That the contracts for the above works shall be let in such a manner as to cover the whole city, the Fifth District included, at the same time, and shall be prosecuted in such a manner that they shall be completed throughout the city, the Fifth District included, as far as possible at the same time. The words “whole city” as used in this section shall not be construed to mean the whole Parish of Orleans, but to mean, as understood by the voters who voted this special tax, that inhabited portion of the city now divided into squares and lots where the streets are opened and in use as such, or when- ever hereafter opened and in use. Section 34. Be it further enacted, etc., That if the City of New Orleans cannot get proper constitutional authority to issue the bonds aforesaid prior to January 1, 1901, then the special tax aforesaid levied shall cease and deter- mine, and the unexpended proceeds thereof for the years 1899 and 1900 shall be paid over to the Drainage Commission, to be used for drainage purposes. In that contingency, the board constituted by this act shall be ipso facto dis- solved, and all its books, papers, records, property, etc., shall be taken possession of and held by the Drainage Commission, and this act shall cease to be operative in all of its parts and provisions. Section 35. Be it further enacted, etc., That as it is proposed to have this act ratified by an amendment to the Constitution, it is hereby specially declared to be the intent of this act, and of said ratifying constitutional amendment, that the General Assembly reserves the right and power to amend this act in any respect not violative of the conditions upon which the said special tax was voted by the property taxpayers of the City of New Orleans and not imparing the vested rights or the contract rights of the holders of the bonds issued under its provisions. Section 36. Be it further enacted, etc., That all laws and parts of laws contrary to, or in conflict with the provisions of this act be and the same are hereby repealed. ACT NO. 6 OF THE EXTRA SESSION OF 1899 AS AMENDED AN ACT To make effective the vote and levy of the special tax by the property tax- payers of the city of New Orleans for water, sewerage and drainage pur- poses by authorizing the capitalization of said tax by the issuance of fifty 400 Power to Borrow and Taa: -- - - - - to e Vol. IV Statutory Provisions App. l l I year bonds of the city of New Orleans, under certain conditions and with certain privileges and restrictions, providing for the payment of the principal and interest thereof, for the disposition of the said bonds and the proceeds thereof, and defining the powers and duties of the Board of Liquidation with reference thereto; by constituting and establishing a Sewerage and Water Board for the city of New Orleans, and defining its powers, duties, rights and obligations with reference to the public, the City Council, the Board of Liquidation, and the Drainage Commission, and vice versa; by authoriz- ing the city of New Orleans, through said board, to acquire all necessary property rights and franchises by purchase, construction or expropriation, either within or without the city, necessary and proper for her public systems of sewerage and water and in such case to assume as part of the purchase price existing mortgages on said property, and to provide for the payment of the principal and interest of such assumed debts; and to provide for the violation of said act. Whereas, due notice of this act has been published in the city of New Orleans for more than thirty days prior to its introduction into the General Assembly, and due evidence thereof has been exhibited in the General Assembly. And Whereas, on June 6, 1899, the property taxpayers of the city of New Orleans in due form of law voted a special tax of two mills on the dollar for forty-three years, beginning with the year 1899, upon certain con- ditions set forth in the property taxpayers' petition, made the basis of said election, the proceeds whereof are to be exclusively devoted in such ratio as may be required to the following purposes of permanent public improvement, to-wit: 1. To acquiring title by the city by construction, or purchase, or both, to a system of waterworks, to the extension thereof throughout the city, inclusive of the Fifth District, and to the purification of the water supply therefrom. 2. To the construction throughout the city, inclusive of the Fifth District, of a free sewerage system, with free water therefor, the title whereof shall be in the city. 3. To the completion of the public drainage system of the city of New Orleans, inclusive of the Fifth District, now in process of construction. And Whereas, the Common Council of the city of New Orleans did by Ordinance No. 15,391, C. S. approved June 22, 1899, levy the said tax upon the said conditions, and provide for the establishment of said public systems of sewerage and water. And Whereas, the said conditions so imposed upon the said tax require legislative action to make them thoroughly effective so that the purposes of said tax levy may be fully carried out;- Section 1. Be it enacted by the General Assembly of the State of Louisiana, that subject to the ratification of the people of the State of Louisiana, by an amendment to the Constitution of the State, the whole proceeds of the special tax of two mills voted by the property taxpayers of the city of New Orleans on the sixth day of June, 1899, on the basis of the assessed values of the city of New Orleans for the year 1899, added to the proceeds, on the same basis, of one half the surplus of the present one per cent. debt tax, levied by virtue of Article 314 of the Constitution of the State of Louisiana of 1898, shall be capitalized by issuing the bonds of the city of New Orleans, to be styled the “Public Improvement Bonds of the City of New Orleans,” dated July 1, 1900, having fifty years to run, bearing as low a rate of interest as can be negotiated for, but not in any event to exceed 4 per cent. per annum, which bonds are to be sold only as needed, at not less than par and accrued interest, and the proceeds thereof applied exclu- sively to the purposes above set forth. The proceeds of the two funds aforesaid shall be applied by preference in each year to the payment of the 401 X: YI New Orleans Studies 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 interest on said bonds, and any surplus remaining after the payment of such interest, and all arrears of interest, may be used, less 20 per cent. reserve from each year's surplus, in extending and completing the public works aforesaid. Whenever the aggregate of the surplus aforesaid shall equal a sum sufficient to pay one-half the annual interest on the bonds aforesaid, then no such surplus shall be reserved as long as the amount of this aggre- gate remains intact; and this reserve shall be used only when necessary to insure the prompt and regular payment of interest on said bonds. So much of the special tax to be levied in the year 1899 as may be necessary shall be used in such acquisitions of property, preliminary investigations, sur- veys and experiments as the “Sewerage and Water Board,” hereinafter consti- tuted, may in their judgment find necessary and proper to enable them to plan, devise and prepare to contract for the construction of the permanent public works aforesaid. Said bonds shall contain a clause authorizing the city of New Orleans, after July 1, 1942, to call and pay the principal of the same at par and accrued interest, in such manner and form as it may deem best. The interest on said bonds after July 1, 1942, and the prinicpal thereof shall be paid by the levy after the year 1942 of the 1 per cent. debt tax aforesaid until all the principal and interest on said bonds are fully and finally paid, and the proceeds of said 1 per cent debt tax are specially dedicated to said purpose on and after July 1, 1942. In case there should be in any year a deficiency in the funds aforesaid to pay the full interest upon all of the bonds outstanding, such deficiency of interest shall be funded into bonds of such denominations as may be found convenient, bearing the same rate of interest as the original bonds, and having a term to run equal to the balance of the term on the original bonds, but subject to call at will by the city of New Orleans; and in case any such bonds are issued they shall be stamped across their face “Interest Funding Bonds issued sub- ject to immediate call;” and all surplus revenues thereafter arising from said taxes shall be applied to the retirement of such bonds numerically as fast as such surplus accrues. Said interest funding bonds shall have all the guarantees and securities provided for the original bonds in said Ordinance No. 15,391, C. S. and in this act for their payment, principal and interest. Section 2. Be it further enacted, etc., That as soon as constitutional authority above mentioned for issuance of said bonds is obtained, it shall be the duty of the Board of Liquidation of the City Debt, at the expense of the special tax fund in their possession, to advertise for sixty days in London, Amsterdam, New York, Chicago and New Orleans, for sealed proposals to buy the whole issue of said bonds, to wit: Twelve millions bearing 4 per cent., or fourteen millions bearing 3% per cent., or sixteen millions bearing 3 per cent., the purchaser or purchasers to take the bonds from time to time, on sixty days' notice, and pay the cash therefor as the exigencies of the Sewerage and Water Board may require; and it shall accept the bid or bids, or aggregate of bids or parts of bids covering the whole issue, not less than par and accrued interest, that agrees to take such bonds at the best price and the lowest rate of interest; such acceptance, however, shall be subject to the ratification of the City Council by a formal ordinance. Both the Board of Liquidation and the Council shall have power to reject any and all bids and to readvertise for new bids in the manner above provided. Section 3. Be it further enacted, etc., That when the rate of interest which said bonds are to bear has been fixed by the bid aforesaid, and the acceptance thereof by the City Council, the Board of Liquidation shall cause said bonds to be engraved of proper design, at the expense of the special tax fund in their possession. Said bonds shall be of denomination of $1000 each, payable in lawful money of the United States, with semi-annual interest coupons annexed, payable January 1, and July 1. They shall be signed by the Mayor and Comptroller of the city of New Orleans, and countersigned by the president or vice president and Secretary of the Board of Liquidation of the City Debt. They may be registered and released from registry under the rules and regulations prescribed by said Board of Liquidation, and no registered bond shall be negotiable. Like other city bonds, they shall be exempt from all taxations, State, parish and municipal, and the tutors of minors and curators of interdicts shall be authorized to invest the funds in their hands in such bonds. 402 Power to Borrow and Tax Vol. IV Statutory Provisions App. l II : Section 4. Be it further enacted, etc., That inasmuch as the surplus of the 1 per cent. debt tax aforesaid has heretofore by Act No. 114 of the Acts of 1896, and Act No. 63 of the Acts of 1898, been devoted exclusively to drainage purposes, and the Drainage Commission, constituted by said acts, has issued bonds, callable after December 1, 1899, payable out of said fund, there shall be sold and delivered as aforesaid, as soon as possible, Public Improvement Bonds enough to provide for the retirement of said drainage bonds, and the first funds that reach the hands of the Board of Liquidation from the sale of said public improvement bonds shall be exclusively and sacredly devoted to the payment and retirement of said outstanding drainage bonds, and any other debts created by the Drainage Commission against said fund, so as to free the said surplus of the 1 per cent. debt tax from all lawful claims and demands thereon, in order that the dedica- tion of said funds to the purposes of this act may have full force and effect. On and after the adoption of the Constitutional Amendment aforesaid, the Drainage Commission shall not issue or dispose of any more bonds under the acts aforesaid, and when the bonds issued by it have been retired as aforesaid, the proceeds of the sale of all franchises now required by law to inure to said commission shall revert to the city of New Orleans, to be used for permanent public improvements. After the passage of this act the Drainage Commission shall make no contracts payable out of the bonds issued or to be issued by it or payable out of the half surplus of the 1 per cent. tax for the extension of the drainage system beyond those now made. Section 5. Be it further enacted, etc., That the Board of Liquidation of the City Debt shall immediately on the expiration of any contract existing between the City of New Orleans and the fiscal agency deposit the proceeds of the sale of the Public Improvement Bonds aforesaid, and the proceeds of the special tax aforesaid and the surplus of the 1 per cent. debt tax aforesaid, and of the proceeds of the 1 per cent. tax after July 1, 1942, in such bank or banks, as the Board of Liquidation shall elect “viva voce” paying the highest rate of interest therefor, consistent with the safety of such deposits, with the approval of the City Council, to the credit of a special fund, called the “Public Improvement Fund,” and said Board of Liquidation are specially charged with the payment of the interest and principal of the bonds aforesaid. All payments made by the “Sewerage and Water Board” aforesaid are to be made in the form of warrants or drafts on the Board of Liquidation of the City Debt, setting forth the amount thereof, the person to whom payable, and the purpose for which the payment is made; and the said Board of Liquidation is hereby charged with the duty of taking care that no irregular or improper or unlawful payments are made out of said special tax fund. Said Board of Liquidation shall have no authority or right to use or to pay out any portion of said special tax fund, or the half surplus of the said 1 per cent. debt tax, for any purpose whatever, except for the purposes specially designated in this act. [1902, No. 85] Section 6. Be it further enacted, etc., That the powers, duties and functions of the Board of Liquidation of the City Debt as set forth in Act No. 110 of the Acts of 1890, shall continue in full force, until the bonds authorized by this act are fully and finally paid and retired, and all the provisions of said act with reference to the power and duty of said Board, in certain contingencies, to levy and collect the said special tax of 1 per cent. are hereby extended to the said special tax of two mills, and to the said 1 per cent. debt tax, after the year 1942; and said taxes and their proper levy and collection, are hereby declared to be the vested right of all the holders of bonds issued under this act; provided, that nothing in this act shall be construed so as to authorize or empower the Board of Liquidation or any other body to levy and collect the said special tax of two mills after the year 1942. Section 7. Be it further enacted, etc., That said Board of Liquidation shall semi-annually, the 1st of January and the 1st of July, of each year, present to the City Council a detailed report of all receipts and disbursements coming into its hands under the provisions of this act. Section 8. That for the purpose of constructing, controlling, maintaining and operating the public water system, the public sewerage system and the drainage system of the City of New Orleans, there is hereby organized and 403 ...'" | New Orleans Studies constituted a “Sewerage and Water Board,” to be composed as follows: the Mayor of the City of New Orleans; the Commissioner of Public Finance of the City of New Orleans; the Commissioner of Public Utilities of the City of New Orleans; the Commissioner of Public Property of the City of New Orleans; two members of the Board of Liquidation of the City Debt to be appointed by the Mayor on the recommendation of the said Board of Liquidation of the City Debt; seven citizen property taxpayers, one from each municipal district of the City of New Orleans, to be appointed by the Mayor. Each citizen property taxpayer appointed from a municipal district as herein provided for, must possess property in the district from which he is appointed, assessed in his own name, and he must have been a resident of the said municipal district for two years previous to his appointment. All vacancies occurring in the membership of the Board under appointment by the Mayor shall be filled in the manner prescribed by this Act for original appointment. In case any taxpayer member of the Sewerage and Water Board shall be elected to any office, or shall remove his residence from the district from which he was appointed, or shall cease to be a property taxpayer, his membership of such Board as such taxpayer shall be ipso facto vacated and his successor shall be immediately appointed as aforesaid, provided however, that no person who is a stockholder or bondholder in any sewerage or waterworks company shall be eligible to appointment to said Board. Nor shall any citizen holding any public office yielding emoluments to the holder other than those specified in this Act, be eligible to appointment to said Board. The Board shall make rules fixing its own meetings and procedure, and these rules shall be changed only by a vote of nine members at a regular meeting. The members of the Board heretofore appointed and now representing the seven municipal districts of the city shall continue in office until the expiration of their respective terms, their successors to be appointed for twelve years. The Drainage Commission of New Orleans is hereby merged with the Sewerage and Water Board; and in order that this merger may be complete, all and singular the rights, debts and obligations of said Drainage Commission acquired under Act No. 114 of 1896, approved July 9, 1896, Act No. 63 of 1898, approved July 9, 1898, and Act No. 72 of 1900, approved July 6, 1900, and otherwise, be and the same are hereby imposed on, lodged and vested in said Sewerage and Water Board; and further, that said Board shall be charged with the opera- tion and maintenance of said drainage system in all of its details and with its ultimate completion in accordance with adopted plans as funds may become available. [1902, No. 111; 1934, 2nd E.S., No. 36; 1936, No. 229.] Section 9. The Mayor and Commissioners of the City of New Orleans who are ex-officio members of the Board, and the two members appointed by the Mayor on the recommendation of the Board of Liquidation of the City Debt, shall be removed from office only in the manner and for the causes enumerated in Article IX of the Constitution of 1921. All other members of the said Board shall be removable by the Mayor of the City of New Orleans at his discretion. [1936, No. 229.] Section 10. Be it further enacted, etc., That the Mayor of the City of New Orleans shall be ex-officio President of said Board, and said Board shall elect a competent and responsible person as Secretary, whose salary and bond shall be fixed by the Board, the said salary not to be less than Three Thousand ($3,000.00) Dollars per annum, payable monthly, in equal installments, and the bond to be made satisfactory to the Board. He shall hold office at the pleasure of the Board. The election or removal of said Secretary, the amount of his salary, and the acceptance of his bond shall be determined by a majority vote of the entire Board at one of its regular monthly meetings. The duties of said Secretary shall be fixed by the Board. No member of said Board shall receive any salary or compensation whatever for his services, except actual expenses incurred in travelling by authority of, or for the benefit of the Board. The Board shall have power to elect one of its members President pro tempore who shall act in the absence or disability of the President. [1902, No. 111; 1910, No. 38.] Section 11. Be it further enacted, etc., That all meetings of said Board shall be held in the City Council Chamber, and shall be open and public, 404 Power to Borrow and Taa: * * Vol. IV Statutory Provisions App. l Il ; : : i i i : : : : i i and all transactions shall be recorded in the minutes thereof to be kept in writing by the Secretary; and its records shall be public records. Seven members thereof shall constitute a quorum. [1902, No. 111; 1904, No. 69.] Section 12. Be it further enacted, etc., That said Board shall elect a com- petent and skillful engineer as general superintendent and shall fix his salary, and shall from time to time define his duties and powers. He shall hold office during the pleasure of said Board. It shall also have power to organize and employ a board of advisory engineers in order to arrange and devise an efficient public sewerage system in the City of New Orleans, and an adequate public water supply of pure water and to fix the compensation of such advisory board. The said board also to advise as to the completion and extension of the present drainage system. [1902, No. 111.] Section 13. That said Board shall have power and authority to employ all necessary clerks, engineers, firemen and other skilled and unskilled employees necessary and proper to the efficient administration, operation and control of the said public sewerage and said public water and drainage systems. All such employees, except unskilled laborers, shall be appointed only after they have passed the civil service examination by the Civil Service Commissioners of the City of New Orleans. They shall hold their positions during good behavior and shall be removed only for cause and after hearing by the Civil Service Com- mission. The general superintendent shall have authority to suspend an employee for cause until trial before the Commission. Nothing herein shall be construed as preventing the Board from dispensing with the services of unnecessary employees. Civil service rules shall not apply to the secretary, the general superintendent, or to the Board of Advisory Engineers. The Sewerage and Water Board of New Orleans is further authorized and empowered to retire any employee on a pension under certain rules and regulations adopted by said Board. And the said Sewerage and Water Board of New Orleans, in order to create a fund for the payment of said pension to its employees to be so retired, is authorized and empowered to retain not more than three per centum of the wages and salaries paid said employees, to be taken out of their weekly and semi-monthly wages and salaries, and the said Board shall be authorized and empowered to set aside a like amount from its operation and maintenance funds, to be added to the amounts paid in by its employees for the creation of said pension fund. The said Sewerage and Water Board of New Orleans shall provide out of its Operating-Maintenance funds a sufficient sum to meet the deficiency in the pension fund which may occur in any calendar year. The said pension fund to be used for no other purpose and to be under the jurisdiction, control and management of the said Board, and to be paid to its employees entitled to same under rules and regulations adopted by said Board. The said Sewerage and Water Board of New Orleans shall have full power and authority to make such rules and regulations as it may deem fit and proper to carry out the purposes and objects of this Act in regards to pensions to be paid to its employees provided: (a) That no salaries, fees, commissions, or emoluments shall be paid out of the Pension Fund to any one serving on the Pension Committee or in any other capacity. The Secretary and the Special Counsel of the Sewerage and Water Board shall act in their same official capacities for the Pension Fund without additional compensation. (b) That all assessments, dues, contributions or moneys received from any source for use and benefit of the Pension Fund and all surpluses, if and when accumulated and established, shall be invested only in bonds of the United States of America, or in bonds of the State of Louisiana, or any of its political subdivisions with a population of 100,000 or more, the principal and interest of which are guaranteed and payable out of an ad valorem tax or taxes. (c) That any paid officer or employee of the Sewerage and Water Board, who has served for a period of not less than ten (10) years from date of his last employment shall be entitled to a pension of one-fiftieth (%0th) of his salary or wages for each year of employment, but not more than one-half up to thirty-five years of employment, subject to rules and regulations adopted or to be adopted by the Sewerage and Water Board; provided that after thirty- 405 Vol. IV App. l l I New Orleans Studies 50 five years of employment and if the salary or wage does not exceed the sum 51 of Two Hundred Dollars, ($200.00) per month for the preceding last year, 52 they shall be entitled to receive sixty per cent of the salary or wage; if the 53 salary exceeds Two Hundred Dollars, ($200.00) per month they shall be 54 entitled to sixty (60) per cent of the first Two Hundred Dollars, ($200.00) 55 and fifty (50) per cent of the excess thereof; and provided further that any 56 paid officer, or employee who has completed thirty years or more of employ- 57 ment and any paid officer, or employee who has attained the age of sixty 58 (60) and who has completed twenty-five (25) years or more of employment, 59 shall be entitled to a pension within sixty (60) days after request made by such 60 paid officer or employee. All employees enjoying permanent sick leave as of Octo- 61 ber 1, 1944 shall be placed on the pension list and paid out of the pension 62 fund the same amount of compensation as they will or were receiving on 63 that date. [1902, No. 111; 1942, No. 101; 1944, No. 15; 1948, No. 489.] 1 Section 14. That the City Attorney of the City of New Orleans shall be 2 the legal advisor of said Board. The city attorney shall appoint, with the 3 advice and consent of the Board previously had, a special counsel who shall 4 have charge and conduct of the legal business of the Board, and who shall 5 receive as compensation for his services, a sum of not less than three thou- 6 sand, five hundred ($3,500.00) dollars, per annum, payable monthly out of the 7 funds of said Board. The city attorney shall have power and authority to 8 remove said special counsel only with the advice and consent of the Board 9 previously had, and shall remove him when requested so to do by resolution 10 of said Board adopted at the regular meeting of said Board by a vote of 11 two-thirds of the members constituting said Board. [1902, No. 111; 1924, 12 No. 189.] 1 Section 15. Be it further enacted, etc., That said Board shall have power 2 by a vote of seventeen of its members, to acquire in the name and for 3 the benefit of the City of New Orleans the plant and franchise of any water 4 or sewerage companies in the City of New Orleans, but no contract for that 5 purpose shall be valid until ratified by ordinance of the Common Council of 6 the City of New Orleans. In case no agreement can be reached between said 7 Board and the City Council on the one side, and the representatives of the 8 said companies on the other, as to the price to be paid said companies for 9 their properties and franchises, and it shall become necessary for the City 10 of New Orleans to expropriate the same, the price to be paid on such 11 expropriation shall be paid by said Board out of the proceeds of the bonds 12 aforesaid. The outstanding mortgage bonds of such companies may be assumed 13 by the city as part of the price. Nothing in this act shall be held to effect 14 the right of either the State of Louisiana or the City of New Orleans, in 15 any pending litigation, against any waterworks company or any sewerage com- 16 pany. [1902, No. 111.] 1 Section 16. Be it further enacted, etc., That in case any of the outstanding 2 mortgages upon the property mentioned in the foregoing section are assumed 3 by the City of New Orleans as part of the purchase price thereof, the city shall 4 in the ordinance of assumption, make provision for the payment of the interest 5 and sinking fund of said debts out of the water rates to be collected by the 6 Sewerage and Water Board. The City Council shall further have the power 7 to extend and renew and refund said mortgage debts, with the concurrence 8 of said Sewerage and Water Board; but both bodies are prohibited from increas- 9 ing the amount of any assumed mortgage or from putting any additional 10 mortgage debt on said property, or from mortgaging any water or sewerage 11 plant that may be constructed. [1902, No. 111.] 1 Section 17. Be it further enacted, etc., That whenever it becomes necessary 2 to expropriate any property convenient or necessary for the public works 3 aforesaid, it shall be the duty of the city attorney, or the special counsel of 4 the Board, on the request of said Board, to institute such proceedings in the 5 name of the City of New Orleans, and to acquire the title to all such property 6 in the name of said city and the title to all the public works aforesaid, con- 7 structed by said Board, and to all property of every kind and nature, real or 8 personal, purchased or in any way acquired by said Board, shall be vested in 406 Power to Borrow and Taac Vol. IV Statutory Provisions App. iii ; the City of New Orleans, and said Board shall have full authority to expropriate any property in any of the parishes adjoining the parish of Orleans that it may find convenient and necessary for the proper execution of the powers herein granted to it, and to extend its works into such parish for the benefit of the City of New Orleans, and to have jurisdiction and authority in such parish over said works therein situated. [1902, No. 111.] Section 18. Be it further enacted, etc., That it shall be the duty of the said Board so to plan, adjust and arrange said public sewerage and public water systems as to make the same conform to, and as to prevent conflict with, the present approved plans for the drainage system; provided that nothing contained in this section shall in any manner affect the apportionment pro- vided for in Section 27 of this act. [1902, No. 111.] Section 19. Be it further enacted, etc., That all persons, firms and corpora- tions that have under and by virtue of any grant heretofore made, express or implied, laid mains, pipes or conduits, or constructed any railroads, buildings, works or structures of any kind, in, on or over the public streets and roads, shall be compelled at their own cost and expense, to shift, or adjust their said mains, etc., to the exigencies of said public sewerage and public water and drainage systems. [1902, No. 111.] Section 20. Be it further enacted, etc., That the said Board shall have authority over the construction of all underground work necessary or incidental to the plans for drainage already adopted by the City of New Orleans and over all drains, inlets, catch-basins, etc., and over all connections which may be made to such drains by the City or by individuals or corporations, and plans and specifications for any drainage connections shall be approved by the properly authorized officer of the Sewerage and Water Board of New Orleans and the construction of the work shall be subject to his inspection. Copies of plans and profiles for all other underground structures shall be filed in the Sewerage and Water Board office before construction. If said plans are found not to conflict in depth or location with existing or proposed sewers, drains or water mains, it shall be so certified by the General Superintendent of the Sewerage and Water Board, and no underground structure shall be constructed without such certificate. Said Board shall have full power and authority to make all needful rules and regulations for the use of said public systems of drainage and sewerage and the water supply furnished therewith, and to prevent the obstruction thereof or interference therewith or damage thereto, and to compel all premises in the City of New Orleans to be connected with said sewerage system and to compel the closing and discontinuance of all other sewers, and all vaults, cess- pools, privies, water-closets, urinals, foul water drains and outlets for any kind of fluid material whatever. Any violation of the rules and regulations established by the said Board and duly promulgated in the official journal of the City of New Orleans, shall be punished by a fine of not exceeding twenty- five dollars ($25) for each offense or by imprisonment not exceeding thirty days, or both, such fine and imprisonment in the discretion of the court having jurisdiction of the offense. So much of said fines as may be inflicted for the violation of the rules pertaining to the sewerage system shall revert to the City health authorities. Nothing in this act shall be construed as taking away the existing inspecting and supervisory powers of the Board of Health of the City of New Orleans over the sanitary condition of the premises. [1902, No. 111; 1904, No. 69.] Section 21. That the said Board shall have the power to fix the rates to be charged private consumers of water, including the power to exceed the total rates charged private consumers, in force November 1, 1913, and to collect the same from all persons who use water (except for sewerage purposes only) from the public water supply of the City of New Orleans, except the City of New Orleans and her public institutions, such as jails, schools, and other public institutions from which no revenues are derived, the Charity Hospital, the House of Good Shepherd, Hotel Dieu, DePaul Sanitarium, Touro Infirmary, Mercy Hospital, Eye, Ear, Nose and Throat Hospital, Baptist Hospital of New Orleans, Flint-Goodridge Hospital, French Hospital, Home for Incurables, N. O. Free Dispensary, and all orphan asylums and houses for indigent aged and 407 Vol. IV App. Ill New Orleans Studies 12 infirm. All of the aforementioned Hospitals, with the exception of Charity 13 Hospital in New Orleans may, in the discretion of the Board, pay regular 14 rates for water used for laundry and air conditioning purposes. These charges 15 shall be based, as far as possible, on the actual amount of water consumed, 16 shall be equal and uniform for each grade or class of customers, and shall be 17 framed so as to cover the actual cost for the maintenance and operation of 18 said water system and the public and private supply therefrom, the cost of 19 maintenance and operation of the public sewerage system, the creation of a 20 sinking fund for an ultimate renewal of said systems, the cost of all extensions, 21 repairs and betterments, and the City of New Orleans shall be hereafter relieved 22 of the duty to provide in its annual budget or otherwise, for the maintenance 23 and operation of the sewerage and water systems. And said Board shall be 24 authorized to use the collections from said water rates charged to private 25 consumers for the maintenance and operation of the public water system, and 26 the public and private supply therefrom, the cost of maintenance and opera- 27 tion of the public sewerage system, the creation of a sinking fund for an ultimate 28 renewal of said system, and the cost of all extensions, repairs and betterments; 29 and any surplus existing, after providing for the uses aforesaid, may be used 30 for the maintenance and operation of the public drainage system. Provided, that 31 the rates charged private consumers shall not exceed thirteen cents (0.13) per 32 thousand gallons of water exclusive of service charges. Provided, further, the 33 water rates shall never exceed the cost of operating and maintaining the water, 34 sewerage and drainage systems, the creation of a sinking fund for an ultimate 35 renewal of said system, extensions, replacements, repairs and betterments. 36 Said Board shall have further power to make reasonable rules and regulations 37 for the use and consumption by such pay customers and by such free customers 38 of the water supply furnished them and to prevent the obstruction of, inter- 39 ference with or damage to the pipes, mains and other appurtenances of said 40 water system, and any violation of such reasonable rules and regulations so 41 established by said Board, and duly promulgated in the Official Journal shall 42 be punished by a fine not exceeding Twenty-five Dollars ($25.00), for each 43 offense or by imprisonment not exceeding thirty days for each offense, or both 44 in the discretion of the Court having jurisdiction of the offense. [1902, No. 111; 45 1948, No. 301.] ; º Section 22. Be it further enacted, etc., That all funds received by the said board from water rates, and from the city of New Orleans, by appropriation from its treasury, shall be deposited to the credit of the said board as collected, with the fiscal agent of the city of New Orleans, and shall not be paid out except upon duly adopted resolutions of appropriation, promulgated in the official journal, and upon checks signed by the President and the Secretary of said board, and countersigned by the chairman of the Finance Committee of the City of New Orleans. Section 23. That all supplies and materials required by said Boards for the conduct, operation, maintenance and repair of said public system of sewerage, water and drainage shall be purchased on detailed written specifications as to grade, quality and amount from the lowest bidder under sealed proposals who can give the required bond to comply with the contract at public adjudications, after at least four notices during a ten-day period in the Official Journal of the City of New Orleans. The Board may publish such other notices as may be deemed necessary. In every case it shall have power to reject all bids and advertise for new bids. In case of emergency the general superintendent can, with the written consent of the president pro tempore of the Board, or the Mayor of the city, contract a bill for such supplies and materials, not exceeding $2,000 in amount, but all such bills so contracted, must be reported, with the reasons therefor, to the next meeting of the Board, otherwise the Board shall not pay the same. In the purchase of all supplies and material, preference shall be given to home merchants and manufacturers, all conditions being equal. All contracts for repair or renewal work not executed by the regular employees of the Board, and exceeding $2,000 in amount, shall be similarly let to the lowest bidder, after similar advertisement, with the same right of rejection. Provided, however, that in cases of extreme emergencies, such as fires, storms, floods and other disasters, the said Board is authorized to purchase the necessary materials and furnish the necessary labor to make all necessary 408 Power to Borrow and Taa: Vol. IV Statutory Provisions App. l l I emergency repairs and replacements without the formality of advertising for bids and without limitation as to cost. [1902, No. 111; 1936, No. 230; 1948, No. 301.] Section 24. That the Sewerage and Water Board of New Orleans shall have the right to do construction work on its public systems of water, sewerage and drainage, with its own forces in those cases where the amount of work involved in the particular project does not exceed a total value of $2,000. For all contract work where the amount involved in the project is a sum in excess of said amount of $2,000, the Sewerage and Water Board of New Orleans shall and must let same out by contract to the lowest bidder by sealed proposals after at least six notices during a fifteen-day period calling for bidders, in the official journal of the City of New Orleans, on detailed plans and specifications approved by the Board on file in the office of said Board to be furnished to prospective biders on application, one of which specifications shall always be that the contract shall give bond with some surety company authorized to do business in the State of Louisiana as security satisfactory to the Board, in a sum at least twenty-five (25) per cent of the estimated amount of his bid for the faithful performance of his contract; provided the Board may publish other notices and calls for bids as may be deemed necessary. Every contract for said construction work exceeding $25,000 in amount shall be approved by an ordinance of the Commission Council before the same shall be operative and binding on said Board and shall be executed by a public act before the City Notary, for fees to be agreed upon between said Notary and the Board, at the expense of the contractor. In every case the Board shall have power to reject all bids and re-advertise for new bids; provided that the advertisements pending for any work, or contracts of any kind, at the same time of the passage of this Act shall not be affected hereby; but that the same shall continue in the same manner and to the same effect as if this amendatory act had not been passed. [1902, No. 111; 1936, No. 230; 1940, No. 140; 1948, No. 301.] Section 25. Be it further enacted, etc., That no member of said Board shall borrow money from any contractor or shall ever be interested, directly or indirectly, in any contract, or in the losses or profits of any contract for labor, supplies, material or construction made by said Board nor for six months after the termination of his connection with the Board, under the penalty of dismissal from said commission and the absolute nullity of said contract; nor shall any member of said Board ever be surety for any con- tractor, or officer, or employee of the Board, under a similar penalty. In case any member of said Board shall be a director or stockholder in any corporation, or shall be agent for any person, which or who may be pecuniarly interested in any subject before the Board, he shall not at any meeting of the Board or of any of its committees, discuss or vote on any such subject. [1902, No. 111.] Section 26. Be it further enacted, etc., That in all contracts made and executed by said Board for the construction or repair of said public systems of sewerage, water and drainage, there shall be contained a clause that the contractor shall give the preference in employment to bona fide residents of the City of New Orleans, both as skilled and unskilled laborers, and shall not employ any non-resident laborers, skilled or unskilled (except confidential clerks, chief superintendents and chief engineers) as long as any resident labor is ready, willing and able to do the work required; that the penalty for each violation of this clause shall be the forfeiture of the sum of $25, for each person so unlawfully employed to be deducted by the Board from the contract price due the contractor; and that the general superintendent of said Board shall have the authority to dismiss all persons employed in violation of this clause; provided that this clause shall not apply to skilled mechanics and machinists brought to the City of New Orleans by the manufacturers of machinery solely for the purpose of erecting and testing the same. No person shall be considered a bona fide resident of the City of New Orleans under this clause of this act, unless he has actually resided in the City of New Orleans for one year prior to his employment. 409 X: º New Orleans Studies 19 20 21 22 23 24 25 i . All the permanent employees of said Board, who are required to be appointed after civil service examination, shall be of good moral character, and bona fide residents of the City of New Orleans for at least one year prior to their appointment. Said Board shall have power, and it shall be its duty, to demand and require bonds with good and sufficient surety for the faithful performance of their duties from all of its employees who handle money or material, or who fill positions of responsiblity. [1902, No. 111.] Section 27. Be it further enacted, etc., That said Board shall have power to apportion the proceeds of said public improvements bonds, and the sur- plus of said taxes, among the three objects aforesaid, water, sewerage and drainage, but any such apportionment shall be made by a vote of not less than ten members of the Board, exclusive of the Mayor, and shall also be approved by the Mayor in writing; and in case ten members of said Board and the Mayor cannot agree on any apportionment, the matter shall be referred to the City Council, who shall have power to make said apportionment, provided that no apportionment of said funds for drainage purposes shall exceed one- third of the proceeds of said public improvement bonds and surplus, until the water and sewerage systems are completed. [1902, No. 111; 1904, No. 69.] Section 28. Be it further enacted, etc., That the City of New Orleans shall annually in her budget of expenses provide out of her alimony by proper appropriation, all the funds necessary and proper over and above the receipts of said Board for water rates, to maintain and operate in an efficient manner the said public systems of sewerage and drainage and the said public system of waterworks, inclusive of interest and sinking fund of any assumed mortgage bonds thereon, and the said board shall in the first week in November of each year, present to the council on estimate of the amount requisite for these purposes for the following year. No portion of the proceeds of said public improvement bonds or of the said taxes shall ever be applied to the maintenance and operation of said public systems of sewerage, water and drainage, but they shall be used for construction purposes only. [1902, No. 111.] Section 29. Be it further enacted, etc., That said Board shall not have the power to obligate itself or to create any debt for construction purposes in excess of the cash amount of the proceeds of said bonds, and the surplus of said tax, and all such debts and obligations in excess of the actual cash amount of these funds shall be absolutely null and void and of no effect; nor shall the said Board, in any year, have the power to expend any sum of money, or to create any debt for the maintenance and operation of said public systems of sewerage, water and drainage, in excess of the actual revenues of that year, and all such debts and obligations in excess of the actual revenue of that year, shall be absolutely null and void, and of no effect. The surplus revenue of one year may be carried forward and added to the revenues of the following year; but no contract or expenditures of any kind shall ever be made in anticipation of any surplus of either construction or maintainance fund. [1902, No. 111.] Section 30. Be it further enacted, etc., That all connections with the sewerage and water mains of the two public systems aforesaid shall be made at the cost of the said board from the said mains to the edge of the foundations of the buildings on the property line, or if there are no foundations on the property line, then to the property line itself, and from that point on, they shall be made at the cost and expense of the owner of the property. Each owner shall have the right to contract for the putting in of all such connections as he is chargeable with, but all such work shall be done under the rules and regulations, and subject to the inspection and control of said board. The board shall take separate bids from contractors for putting all property holder's connections and sewerage fixtures, leaving to each property holder the right to require the work in his premises to be done by such con- tractor at the bid price, or to employ some one else for that purpose. Section 31. Be it further enacted, etc., That said board shall have the right to control and use all plants, machinery and apparatus heretofore con- structed or controlled by the Drainage Commission for all the necessary and convenient purposes of said sewerage, water and drainage systems. In case the demand for power for sewerage, water or drainage purposes shall be such as 410 Power to Borrow and Taq: ſº tº Vol. IV Statutory Provisions App. Ill 1 1 to require the installation of additional machinery the cost of such installation shall be charged to the funds apportioned for sewerage, water or drainage, as the case may be. [1902, No. 111.] Section 32. Be it further enacted, etc., That on the first of January and the first of July of each year, it shall be the duty of the said board to make to the City Council, in writing, a full and detailed report of its acts, doings, receipts and expenditures, the same to be put in printed form for public dis- tribution, and a synopsis of same including a statement of receipts and dis- bursements published in the official journal of the City of New Orleans; provided that the advertisements pending for any work, material or supplies or contracts of any kind, at the time of the passage of this act, shall not be affected thereby; but that same shall continue in the same manner and to the same effect as if this amendatory act had not been passed. [1902, No. 111.] Section 33. Be it further enacted, etc., That the contracts for the sewerage and water systems shall be let in such a manner as to cover the whole city, the Fifth District included, at the same time, and shall be prosecuted in such a manner that they shall be completed throughout the city, the Fifth District included, as far as possible at the same time. The words “whole city” as used in this section, shall not be construed to mean the whole parish of Orleans, but to mean, as understood by the voters who voted this special tax, that inhabited portion of the city now divided into squares and lots where the streets are opened and in use as such, or whenever hereafter opened and in use. [1902, No. 111.] Section 34. Be it further enacted, etc., That if the city of New Orleans can not get proper constitutional authority to issue the bonds aforesaid prior to January 1, 1901, then the special tax aforesaid levied shall cease and determine, and the unexpended proceeds thereof for the years 1899 and 1900 shall be paid over to the Drainage Commission, to be used for drainage purposes. In that contingency, the board constituted by this act shall be ipso facto dissolved, and all its books, papers, records, property, etc., shall be taken possession of and held by the Drainage Commission, and this act shall cease to be operative in all of its parts and provisions. Section 35. Be it further enacted, etc., That as it is proposed to have this act ratified by an amendment to the Constitution, it is hereby specially declared to be the intent of this act, and of said ratifying constitutional amendment, that the General Assembly reserves the right and power to amend this act in any respect not violative of the conditions upon which the said special tax was voted by the property taxpayers of the city of New Orleans and not impair- ing the vested rights or the contract rights of the holders of the bonds issued under its provisions. Section 36. Be it further enacted, etc., That this act shall take effect from and after the date of its promulgation, and that all laws or parts of laws con- trary to, or in conflict with the provisions of this act, be and the same are hereby repealed. [1902, No. 111; 1904, No. 69.] ACT NO. 244 OF 1924 AN ACT To amend and re-enact Act No. 6 of Extra Session of 1899, as amended by Act No. 111 of 1902, entitled: “To make effective the vote and levy of the special tax by the property taxpayers of the City of New Orleans for water, sewerage and drainage purposes by authorizing the capitalization of said tax by the issuance of fifty year bonds of the City of New Orleans, under certain conditions and with certain privileges and restrictions, providing for the payment of the principal and interest thereof, for the disposition of the said bonds and the proceeds thereof, and defining the powers and duties of the Board of Liquidation with reference thereto; by con- stituting and establishing a Sewerage and Water Board for the City of New 411 Vol. IV New Orleans Studies App. Ill Orleans, and defining its powers, duties, rights and obligations with reference to the public, the City Council, the Board of Liquidation and the Drainage Commission, and vice versa; by authorizing the City of New Orleans, through said board to acquire all necessary property rights and franchises by purchase, construction or expropriation, either within or without the city, necessary and proper for her public systems of sewerage and water and in such case to assume as part of the purchase price existing mortgages on said property, and to provide for the payment of the principal and interest of such assumed debts; and to provide penalties for the violation of said Act.” Said Amendment to consist of adding to said act provisions authorizing the Sewerage and Water Board of the City of New Orleans to make an investigation to determine the feasibility of economically providing natural gas for the City of New Orleans, and to provide for the cost of such investigation. Section 1. Be it enacted, by the Legislature of Louisiana, that Act No. 6 of the Extra Session of 1899, as amended and re-enacted by Act No. 111 of 1902 be and the same is hereby amended and re-enacted so as to add thereto the following provisions to-wit: (a) That the Sewerage and Water Board of the City of New Orleans, is authorized to make investigation of the natural gas fields of the State of Louisiana for the purpose of determining whether natural gas can be procured and furnished to the inhabitants of the City of New Orleans on an economical basis and to determine the method and manner and the probable cost thereof. (b) The Sewerage and Water Board of the City of New Orleans is authorized to utilize its facilities; its engineering force and such other of its employees as it may find necessary for the purpose of this investigation and is further authorized to engage such additional assistance as it may require, and to fix the compensation and terms of employment. It shall also procure such information and statistics as may be desirable or necessary, in furtherance of its investiga- tion, and shall determine and fix the cost thereof. The value of the time of its engineers and other regular employees engaged in investigating natural gas, shall be equitably apportioned and charged against the funds provided for said investigation. (c) For the purposes set forth for paragraph “A” of this Act the Sewerage and Water Board of the City of New Orleans is authorized to make such expenditures, as in its judgment, are reasonable and necessary. (d) The costs of said investigation shall be provided for and paid in advance by the City of New Orleans to the Sewerage and Water Board of the City of New Orleans, upon presentation of duly adopted resolutions by the Sewerage and Water Board, and said costs shall be thereupon reimbursed to the City of New Orleans by New Orleans Gas Light Company, which shall be entitled to charge same to operating expenses. (e) Upon completion of its investigation the Sewerage and Water Board of the City of New Orleans shall promptly transmit to the Commission Council of the City of New Orleans, the result of its investigation together with such information as may have been obtained in connection therewith, and shall make such recommendations as its investigation justifies.” LOUISIANA REVISED STATUTES OF 1950 Title 33 § 4071. Creation and organization of sewerage and water board The public water system, the public sewerage system and the drainage sys- tem and the drainage system of the City of New Orleans, shall be constructed, controlled, maintained and operated by a “Sewerage and Water Board,” to be composed as follows: the mayor; the commissioner of public finance; the com- missioner of public utilities; the commissioner of public streets; two members of the board of liquidation of the city debt to be appointed by the mayor on the recommendation of the board of liquidation of the city debt; and seven citizen property taxpayers, one from each municipal district to be appointed by the mayor, their terms of office to be twelve years. 412 Power to Borrow and Taa: e - Vol. IV Statutory Provisions App. l l I : : i i Each citizen property taxpayer appointed from a municipal district, must possess property in the district from which he is appointed, assessed in his own name, and he must have been a resident of the municipal district for two years previous to his appointment. All vacancies occurring in the membership of the board under appointment by the mayor shall be filled in the manner prescribed by this Part for original appointment. In case any taxpayer member of the sewerage and water board is elected to any office, or removes his residence from the district from which he was appointed, or ceases to be a property taxpayer, his membership on the board shall be ipso fact vacated and his successor shall be immediately appointed. No person who is a stockholder or bond holder in any sewerage or waterworks company or who holds any public office yielding emoluments to the holder other than those specified in this Part, shall be eligible to appointment to the board. The board shall make rules fixing its own meetings and procedure, and these rules may be changed only by a vote of nine members at a regular meeting. (Source: Acts 1899, Ex. Sess., No. 6, Sec. 8; Acts 1902, No. 111, Sec. 1; Acts 1934, 2nd Ex. Sess, No. 36, Sec. 1; Acts 1936, No. 229, Sec. 1; Acts 1950, No. 352, Sec. 1.) § 4072. Removal of members of sewerage and water board The mayor and commissioners who are ex-officio members of the board, and the two members appointed by the mayor on the recommendation of the board of liquidation of the city debt, shall be removed from office only in the manner and for the causes enumerated in Article IX of the Constitution. All other members of the board may be removed by the mayor at his discretion. (Source: Acts 1899, Ex. Sess., No. 6, § 9; Acts 1936, No. 229, § 1.) § 4073. Officers of sewerage and water board; compensation of members The mayor shall be ex-officio president of the board. The board shall elect a secretary, whose salary and bond shall be fixed by the board, the salary not to be less than three thousand dollars per year, payable monthly, in equal installments, and the bond to be made satisfactory to the board. The secretary shall hold office at the pleasure of the board. The election or removal of the secretary, the amount of his salary, and the acceptance of his bond shall be determined by a majority vote of the entire board at one of its regular monthly meetings. The duties of the secretary shall be fixed by the board. No member of the board shall receive any salary or compensation for his services, except actual expenses incurred in traveling by authority of, or for the benefit of the board. The board shall have power to elect one of its members president pro tempore who shall act in the absence or disability of the president. (Source: * 1899, Ex. Sess., No. 6, § 10; Acts 1902, No. 111, $1; Acts 1910, No. 38, § 1.) § 4074. Meetings of board All meetings of the board shall be held in the city council chamber and shall be open and public. All its transactions shall be recorded in the minutes to be kept in writing by the secretary, and its records shall be public. Seven members thereof shall constitute a quorum. (Source: Acts 1899, Ex. Sess., No. 6, § 11; Acts 1902, 111, § 1; Acts 1904, No. 69, § 1.) § 4075. General superintendent; advisory board The board shall elect a competent and skillful engineer as general superinten- dent and shall fix his salary, and shall define his duties and powers. He shall hold office at the pleasure of the board. The board may organize and employ a board of advisory engineers in order to arrange and devise an efficient public sewerage and drainage system and to provide an adequate public water supply of pure water. The board may fix the compensation of the advisory board. (Source: Acts 1899, Ex. Sess, No. 6, § 12; Acts 1902, No. 111, § 1.) 413 Vol. IV App. Ill New Orleans Studies 1 § 4076. Employees of board; civil service; pension fund; investments; right to pension 2 The board may employ all necessary clerks, engineers, firemen, and other 3 skilled and unskilled employees necessary and proper to the efficient administra- 4 tration, operation and control of the public sewerage, water, and drainage sys- 5 tems. All the employees, except unskilled laborers, shall be appointed only after 6 they have passed the civil service examination administered by the Civil Service 7 Commissioners of the City of New Orleans. They shall hold their positions during 8 good behavior and shall be removed only for cause and after hearing by the civil 9 service commission. The general superintendent shall have authority to suspend 10 an employee for cause until trail before the commission. Nothing herein shall be 11 construed as preventing the board from dispensing with the services of unneces- 12 sary employees. Civil service rules shall not apply to the secretary, the general 13 superintendent, or to the board of advisory engineers. The sewerage and water 14 board may retire any employee on a pension under rules and regulations adopted 15 by the board. The sewerage and water board, in order to create a fund for the 16 payment of the pensions to its employees may retain not more than three per 17 cent of the wages and salaries paid its employees, to be taken out of their weekly 18 and semi-monthly wages and salaries. The board may set aside a like amount 19 from its operation and maintenance funds, to be added to the amounts paid in 20 by its employees for the creation of the pension fund. The sewerage and water 21 board shall provide out of its operating-maintenance funds a sufficient sum to 22 meet the deficiency in the pension fund which may occur in any calendar year. 23 The pension fund shall be under the jurisdiction, control, and management of the 24 board, and shall be used for no other purpose than to pay pensions of employees 25 under the rules and regulations adopted by the board. The sewerage and water 26 board may make such rules and regulations as it deems proper to carry out the 27 purposes and objects of this Part in regard to pensions to be paid to its employees 28 subject to the following restrictions: 29 A. No salaries, fees, commissions or emoluments shall be paid out of the 30 pension fund to any one serving on the pension committee or in any other capa- 31 city. The secretary and the special counsel of the sewerage and water board shall 32 act in their same official capacities for the pension fund without additional 33 compensation. 34 B. All assessments, dues, contributions, or moneys received from any source 35 for use and benefit of the pension fund and all surpluses, if and when accumu- 36 lated and established, shall be invested only in bonds of the United States, or in 37 bonds of the state, or any of its political subdivisions with a population of one 38 hundred thousand or more, the principal and interest of which are guaranteed 39 and payable out of an ad valorem tax. 40 C. Any paid officer or employee of the sewerage and water board, who has 41 served for a period of not less than ten years from the date of his last employ- 42 ment shall be entitled to a pension of one-fiftieth of his salary or wages for each 43 year of employment, but not more than one-half, up to thirty-five years of em- 44 ployment, subject to rules and regulations adopted by the board. After thirty-five 45 years of employment and if the salary or wage does not exceed the sum of two 46 hundred dollars per month for the preceding last year, they shall be entitled to 47 receive sixty per cent of the salary or wage; if the salary exceeds two hundred 48 dollars per month they shall be entitled to sixty per cent of the first two hundred 49 dollars, and fifty per cent of the excess thereof. Any paid officer, or employee 50 who has completed thirty years or more of employment and any paid officer, or 51 employee who has attained the age of sixty and who has completed twenty-five 52 years or more of employment, shall be entitled to a pension within sixty days 53 days after request made by him. All employees enjoying permanent sick leave 54 as of October 1, 1944, shall be paid out of the pension fund the same amount of 55 compensation as they will or were receiving on that date. (Source: Acts 1899, Ex. Sess. No. 6, § 13; Acts 1902, No. 111, § 1; Acts 1942, No. 101, $1; Acts 1944, No. 15, § 1; Acts 1948, No. 489, § 1.) 1 § 4077. Legal advisor of board; special counsel 2 The city attorney shall be the legal advisor of the board. The city attorney 3 shall appoint, with the advice and consent of the board, a special counsel who 4 shall have charge of and conduct the legal business of the board, and who shall 414 Power to Borrow and Taa: & © Vol. IV Statutory Provisions App. l l I 1 : i : 1 receive as compensation for his services, a sum of not less than three thousand, five hundred dollars, per annum, payable monthly out of the funds of the board. The city attorney may remove the special counsel only with the advice and con- sent of the board previously had, and shall remove him when requested so to do by resolution of the board adopted at its regular meeting by a vote of two-thirds of the members of the board. (Source: Acts 1899, Ex. Sess., No. 6, § 14; Acts 1902, No. 111, § 1; Acts 1924, No. 189, § 1.) § 4078. Expropriation of necessary property Whenever it becomes necessary to expropriate any property convenient or necessary for the sewerage, water, or drainage systems, the city attorney, or the special counsel of the board, on the request of the board, shall institute expro- priation proceedings in the name of the City of New Orleans, and acquire the title to the property in the name of the city. The title to all the public works con- structed by the board, and to all property acquired by the board, shall be vested in the City of New Orleans. The board may expropriate any property in any of the parishes adjoining the parish of Orleans that it may find convenient and nec- essary for the proper execution of the powers granted to it, and may extend its works into adjoining parishes for the benefit of the City of New Orleans, and have jurisdiction and authority in such parishes over the works therein situated. (Source: Acts 1899, Ex. Sess., No. 6, § 17; Acts 1902, No. 111, § 1.) $ 4079. Conformity to plans for drainage system The board shall plan, adjust, and arrange the public sewerage and public water systems so as to make them conform to existing approved plans for the drainage system. This section shall not affect the apportionment provided for in R.S. 33:4088. (Source: Acts 1899, Ex. Sess., No. 6, § 18; Acts 1902, No. 111, § 1.) § 4080. Shifting private mains to accommodate public system All persons, that have laid mains, pipes, or conduits, or constructed any rail- roads, buildings, works, or structures of any kind, in on or over the public streets and roads, may be compelled at their own cost and expenses, to shift or adjust their mains, etc., to the exigencies of the public sewerage and public water and drainage systems. (Source: Acts 1899. Ex. Sess., No. 6, § 19, Acts 1902, No. 111, § 1.) § 4081. Plans and specifications; rules and regulations; penalty for violating regulations. The board shall have authority over the construction of all underground work necessary or incidental to the sewerage and water systems and over all drains, inlets, catch-basins, etc., and over all connections which may be made to such drains by the city or by private persons. Plans and specifications for any drain- age connections shall be approved by the properly authorized officer of the sewer- age and water board and the construction of the work shall be subject to his inspection. Copies of plans and profiles for all other underground structures shall be filed in the sewerage and water board office before construction. If the plans are found not to conflict in depth or location with existing or pro- posed sewers, drains, or watermains, it shall be so certified by the general super- intendent, and no underground structure shall be constructed without his certi- ficate. The board may make rules and regulations to prevent the obstruction, inter- ference with or damage to, the public systems of drainage, sewerage and water supply. It may compel all premises to be connected with the sewerage system and compel the closing and discontinuance of all other sewers, and all vaults, cess-pools, privies, water-closets, urinals, foul water drains and outlets for any kind of fluid material whatever. Whoever violates any of the rules and regulations established by the board and duly promulgated in the official journal of the city shall be fined not more than twenty-five dollars for each offense or imprisoned not more than thirty days, or both. So much of the fines as may be inflicted for the violation of the rules pertaining to the sewerage system shall revert to the city health authorities. 415 Vol. IV App. III New Orleans Studies 25 Nothing in this Part shall be construed as taking away the inspecting and super- 26 visory powers of the board of health over the sanitary condition of the premises. (Source: Acts 1899, Ex. Sess., No. 6, § 20; Acts 1902, No. 111, § 1; Acts 1904, No. 69, § 1.) 1 § 4082. Water rates 2 The board may fix the rates to be charged private consumers of water includ- 3 ing the power to exceed the total rates in force on November 1, 1913, and 4 collect the same from all persons who use water, (except for sewerage purposes 5 only), from the public water supply, except the City of New Orleans and its 6 public institutions and other public institutions from which no revenue is derived. 7 All of the aforementioned hospitals, with the exception of Charity Hospital in 8 New Orleans may, in the discretion of the board, pay regular rates for water used 9 for laundry and air conditioning purposes. These charges shall be based, as far 10 as possible, on the actual amount of water consumed, shall be equal and uniform 11 for each grade or class of customers, and shall be framed so as to cover the actual 12 cost of maintenance and operation of the public water system, the public and 13 private supply therefrom, the cost of maintenance and operation of the public 14 sewerage system, the creation of a sinking fund for an ultimate renewal of the 15 systems, and the cost of all extensions, repairs and betterments. The City of New 16 Orleans shall be relieved of the duty to provide in its annual budget or otherwise, 17 for the maintenance and operation of the sewerage and water systems. The board 18 may use the collections from the water rates charged to private consumers for 19 the maintenance and operation of the public water system, and the public and 20 private supply therefrom, the cost of maintenance and operation of the public 21 sewerage system, the creation of a sinking fund for an ultimate renewal of the 22 system, and the cost of all extensions, repairs and betterments. Any surplus may 23 be used for the maintenance and operation of the public drainage system. The 24 rates charged private consumers shall not exceed thirteen cents per thousand gal- 25 lons of water exclusive of service charges. The water rates shall never exceed the 26 cost of operating and maintaining the water, sewerage, and drainage systems, the 27 creation of a sinking fund for an ultimate renewal of the system, extensions, 28 replacements, repairs and betterments. 29 The board may make reasonable rules and regulations for the use and con- 30 sumption by such pay customers and by such free customers of the water supply 31 furnished them and may prevent the obstruction of, interference with, or damage 32 to the pipes, mains and other appurtenances of the water system. Any violation 33 of reasonable rules and regulations so established by the board, and duly pro- 34 mulgated in the official journal shall be punished by a fine not exceeding twenty- 35 five dollars for each offense or by imprisonment not exceeding thirty days for 36 each offense, or both. (Source: Acts 1899, Ex. Sess., No. 6 $ 21; Acts 1902, No. 111, § 1; Acts 1948, No. 301, § 1.) 1 § 4083. Receipt and disbursement of funds 2 All funds received by the board from water rates, and from the city by appro- 3 priation from its treasury, shall be deposited to the credit of the board as col- 4 lected, with the fiscal agent of the city, and shall not be paid out except upon 5 duly adopted resolutions of appropriatin, promulgated in the official journal, and 6 upon checks signed by the president and the secretary of the board. (Source: Acts 1899, Ex. Sess., No. 6 $ 22.) 1 § 4084. Purchase of supplies; emergency purchase; preference to home mer- 2 chants 3 All supplies and materials required by the board for the conduct, operation, 4 maintenance and repair of the public system of sewerage, water, and drainage 5 shall be purchased on detailed writen specifications as to grade, quality and 6 amount from the lowest bidder, under sealed proposals, who can give the required 7 bond to comply with the contract, at public adjudications, after at least four 8 notices during a ten-day period in the official journal of the City of New Orleans. 9 The board may publish such other notices as may be deemed necessary. In every 10 case it may reject all bids and advertise for new bids. In case of emergency the 11 general superintendent can, with the written consent of the president pro tempore 12 of the board, or the mayor of the city, contract a bill for such supplies and 416 Power to Borrow and Taac * - Vol. IV Statutory Provisions App. l Il ! : materials, not exceeding $2,000 in amount, but all such bills so contracted, must be reported, with the reasons therefor, to the next meeting of the board, other- wise the board shall not pay them. In the purchase of all supplies and material, preference shall be given to home merchants and manufacturers, all conditions being equal. All contracts for repair or renewal work not executed by the regular employees of the board, and exceeding $2,000 in amount, shall be similarly let to the lowest bidder, after similar advertisement, with the same right of rejection. In cases of extreme emergencies, such as fires, storms, floods and other disasters, the board may purchase the necessary materials and furnish the necessary labor to make all necessary emergency repairs and replacements without the formality of advertising for bids and without limitations as to cost. (Source: Acts 1899, Ex. Sess., No. 6, § 23; Acts 1902, No. 111, § 1; Acts 1936, No. 230, § 1; Acts 1948, No. 301, § 1.) § 4085. Construction work; letting contracts The Sewerage and Water Board of New Orleans may do construction work on its public systems of water, sewerage, and drainage, with its own forces in those cases where the amount of work involved in the particular project does not exceed a total value of $2,000. For all contract work where the amount involved in the project is a sum in excess of said amount of $2,000, the Sewerage and Water Board of New Orleans shall let same out by contract to the lowest bidder by sealed proposals after at least six notices during a fifteen-day period calling for bidders, in the official journal of the City of New Orleans, on detailed plans and specifications approved by the board on file in the office of the board to be furnished to prospective bidders on application. One of the specifications shall always be that the contractor shall give bond with some surety company author- ized to do business in Louisiana in a sum at least twenty-five per cent of the estimated amount of his bid for the faithful performance of his contract. The board may publish other necessary notices and calls for bids. Every contract for construction work exceeding $25,000 in amount shall be approved by an ordi- nance of the commission council before it becomes operative and binding on the board and shall be executed by a public act before the city notary, for fees to to be agreed upon between the notary and the board, at the expense of the con- tractor. In every case the board may reject all bids and re-advertise for new bids. (Source: Acts 1899, Ex. Sess., No. 6, § 24; Acts 1902, No. 111, § 1; Acts 1936, No. 230, § 2; Acts 1940; No. 140, $1; Acts 1948, No. 301, § 1.) § 4086. Board members not to be interested in contracts No member of the board shall borrow money from any contractor or shall be interested, directly or indirectly, in any contract, or in the losses or profits of any contract for labor, supplies, material or construction made by the board, nor for six months after the termination of his connection with the board, under the penalty of dismissal from the board and the absolute nullity of the contract. No member, officer, or employee of the board shall be surety for any contractor. In case any member of the board is a director or stockholder in any corporation, or is agent for any person, who is financially interested in any subject before the board, he shall not at any meeting of the board or of any of its committees, discuss or vote on the subject. (Source: Acts 1899, Ex. Sess., No. 6, § 26; Acts 1902, No. 111, § 1.) § 4087. Contractors required to hire residents of New Orleans if available; exceptions; permanent employees to be residents; bond requirements All contracts executed by the board for the construction or repair of the public systems of sewerage, water and drainage, shall contain a clause stipulating that the contractor shall give preference in employment to bona fide residents of the City of New Orleans, both as skilled and unskilled laborers, and shall not employ any non-resident laborers, skilled or unskilled (except confidential clerks, chief superintendents and chief engineers) as long as any resident laborer is ready, willing and able to do the work required. Whoever violates this Section shall forfeit the sum of twenty-five dollars, for each person unlawfully employed, to be deducted by the board from the contract price due the contractor. The general superintendent of the board may dismiss all persons employed in violation of this Section. This Section shall not apply to skilled mechanics and machinists brought to the City of New Orleans by the 417 X: YI New Orleans Studies 15 16 17 18 19 20 21 22 23 24 25 : manufacturers of machinery solely for the purpose of erecting and testing the S8. Iſle. No persons shall be considered a bona fide resident of the City of New Orleans under this Section, unless he has actually resided in the City of New Orleans for one year prior to his employment. All the permanent employees of the board, who are required to be appointed after civil service examination, shall be of good moral character, and bona fide residents of New Orleans for at least one year prior to their appointment. The board shall require bonds with good and sufficient surety for the faithful per- formance of their duties from all of its employees who handle money or material, or who fill positions of responsibility. (Source: Acts 1899, Ex. Sess, No. 6, § 26; Acts 1902, No. 111, § 1.) $ 4088. Apportionment of available funds among water, sewerage, and drain- age enterprises The board may apportion its funds among the water, sewerage, and drainage systems, but any such apportionment shall be made by a vote of not less than ten members of the board, exclusive of the mayor, and shall also be approved by the mayor in writing. In case ten members and the mayor cannot agree on any apportionment, the matter shall be referred to the city council, which may make the apportionment. (Source: Acts 1899, Ex. Sess., No. 6, § 27; Acts 1902, No. 111, § 1; Acts 1904, No. 69, § 1.) § 4089. Debt limitation The board may not obligate itself or create any debt for construction purposes in excess of the cash amount of the proceeds of the public improvement bonds, and the surplus of the special taxes. All debts and obligations in excess of the actual cash amount of these funds shall be absolutely null and void; nor may the board, in any year, expend any sum of money, or create any debt for the maintenance and operation of the public systems of sewerage, water, and drain- age, in excess of the actual revenues of that year. All debts and obligations in excess of the actual revenue of that year, shall be absolutely null and void. The surplus revenue of one year may be carried forward and added to the revenues of the following year; but no contract or expenditures of any kind shall ever be made in anticipation of any surplus of either construction or maintenance fund. (Source: Acts 1899, Ex. Sess., No. 6, § 29; Acts 1902, No. 111, § 1.) § 4090. Apportionment of cost of connections with mains; making connections All connections with the sewerage and water mains shall be made at the cost of the board from the mains to the edge of the foundations of the buildings on the property line, or if there are no foundations on the property line, then to the property line itself, and from that point on, they shall be made at the cost and expense of the owner of the property. Each owner may contract for the putting in of all connections with which he is chargeable, but all such work shall be done under the rules and regulations, and subject to the inspection and control of the board. The board shall take separate bids from contractors for making a property holder's connections, leav- ing to each property holder the right to require the work in his premises to be done by the contractor at the bid price, or to employ some one else for that purpose. (Source: Acts 1899, Ex. Sess., No. 6, § 30.) § 4091. Reports of board On the first of January and the first of July of each year, the board shall make to the city council, in writing a full and detailed report of its acts, doings, receipts, and expenditures, the same to be put in printed form for public distri- bution, and a synospsis of same, including a statement of receipts and disburse- ments, published in the official journal of the city. (Source: Acts 1899, Ex. Sess., No. 6, § 32; Acts 1902, No. 111, § 1.) 418 Power to Borrow and Taa: tº º Vol. IV Statutory Provisions App. l Il : ACT NO. I 9 OF |906 AN ACT To authorize the City of New Orleans to issue new public improvement bonds to the amount of $8,000,000 for the purpose of completing its sewerage, water and drainage systems; to provide for the payment of the principal and interest of said bonds; to provide for the disposition of the surplus of the taxes dedicated to such payment after the demands thereon of said bonds are satisfied; to provide for the issuance and sale of said bonds, and their exemption from taxation; and to provide for the submission to the people of the State of Louisiana of a constitutional amendment, authorizing the issue of said bonds and confirming the provisions of this Act. Whereas, due notice of this Act has been published in the City of New Orleans for more than thirty days prior to its introduction into the General Assembly, and due evidence thereof has been exhibited in the General Assembly; and Whereas, the bonds authorized to be issued by the City of New Orleans under the provisions of Act No. 6 of the extra session of 1899, ratified by a constitu- tional amendment, adopted at the general election of 1900, have not proved adequate to the completion of the sewerage, water and drainage systems of the City of New Orleans, and the General Assembly is advised that it will probably require $8,000,000 additional to complete said systems; and Whereas, by the increase of assessments in the City of New Orleans, present and prospective, the one-half of the surplus of the one per cent debt tax, levied by virtue of Article 314 of the Constitution of the State of Louisiana of 1898, and the special tax of two mills voted by the taxpayers of the City of New Orleans on the 6th day of June, 1899, are and will be more than sufficient to pay the interest on the $12,000,000 of bonds issued under said Act No. 6 of the extra session of 1899, and actually produce a large surplus dedicated by said act to the purposes thereof, which is and will be sufficient to permit the capitalization thereof by the issuance of $8,000,000 of bonds, and the retire- ment thereof prior to January 1, 1942; and Whereas, it is of the greatest importance to the City of New Orleans, and the people of the whole State, that these great public works shall be speedily completed, and that their completion should not be deferred through a long series of years by the gradual application to that end of the said surplus, as it accrues year by year: Section 1. Be it enacted by the General Assembly of the State of Louisiana, two-thirds of all the members elected to each House concurring, That subject to the ratification of the people of the State of Louisiana, by the adoption of an amendment to the Constitution of the State, hereinafter submitted to them, the City of New Orleans shall have power to issue, and it shall be its duty to issue bonds aggregating $8,000,000, dated January 1, 1907, bearing four per cent per annum interest, payable semi-annually, the principal of which shall be payable, at the option of the city, at any time between January 1, 1928, and January 1, 1942. Said bonds shall be styled “New public improvement bonds of the City of New Orleans.” They shall be of the denomination of $1,000 each, payable in lawful money of the United States, with semi-annual interest coupons annexed, payable July 1 and January 1. They shall be signed by the Mayor and Comptroller of the City of New Orleans, and countersigned by the President or Vice President and Secretary of the Board of Liquidation of the City Debt. They may be registered and released from registry under the rules and regulations prescribed by said Board of Liquidation, and no registered bond shall be negotiable. Like other city bonds, they shall be exempt from all taxation, State, parish and municipal, and the tutors of minors and curators of interdicts shall be authorized to invest the funds in their hands in such bonds. Section 2. Be it further enacted, etc., That as soon as constitutional authority for the issuance of said bonds shall have been obtained, it shall be the duty of the Board of Liquidation of the City Debt, at the expense of the special tax fund in their possession, to cause said bonds to be engraved and executed, and to hold the same subjects to the requisition of the Sewerage and Water 419 X: Y | New Orleans Studies ; : i 1 1 1 : : Board of New Orleans. From time to time, as directed by said Sewerage and Water Board, said Board of Liquidation shall sell said bonds, in such amounts as it may be requested so to do, by sealed proposals, to the highest bidder, for not less than par and accrued interest, after thirty days' advertisement of such sales in one newspaper published in each of the cities of New York, Chicago and New Orleans. Section 3. Be it further enacted, etc., That the proceeds of all such sales shall be held by the Board of Liquidation and paid over on the warrant of the Sewerage and Water Board in the manner and under the conditions pro- . in said Act No. 6 of the extra session of 1899, and the amendments thereof. Section 4. Be it further enacted, etc., That the proceeds of said bonds shall be used exclusively for the completion of the existing sewerage, water and drainage systems of the City of New Orleans, with these exceptions only: (a) That if the said systems do not require the expenditure for their com- pletion of the whole of said proceeds, the balance thereof shall be held by the Board of Liquidation to the credit of the City of New Orleans, to be expended by it for paving purposes, only. (b) That when the water and sewerage systems are completed and their operation is begun, the expenses of the operation of said systems for not more than the first twenty-four months thereof may be supplied, in whole or in part, out of said funds, after applying to said not more than twenty-four months operation any surplus that may exist of the taxes dedicated to pay the interest on said bonds, which surplus may and must be so used before any draft is made for such purpose on the principal of said fund. Section 5. Be it further enacted, etc., That the proceeds of said bonds shall be applied in such proportion as may be required to the completion of said sewerage, water and drainage systems, the preference being given to the sewerage and water systems, if necessary. Section 6. Be it further enacted, etc., That there shall be dedicated to the payment of the principal and interest of the bonds, herein authorized, all surplus, arising after January 1st, 1907, from the one-half of one per cent debt tax levied by the City of New Orleans by virtue of Article 314 of the Constitution of Louisiana, and from the special tax of two mills voted by the property tax payers of the City of New Orleans on the sixth day of June, 1899, said surplus being here defined to be all residue in each year, until January 1st, 1942, remaining after paying the interest on the twelve millions of Public Improvement Bonds of the City of New Orleans, heretofore issued under the provisions of said Act No. 6 of the extra session of 1899, and the half-year's interest reserve fund therein provided for, which said two mill tax shall be levied and collected only until January 1st, 1942, as provided in Act No. 6 of the extra session of 1899. If, after paying the annual interest on the bonds provided for in this Act, and, after January 1st, 1928, paying their sinking fund hereinafter provided for, there shall be in any year, any further surplus of said tax, said further surplus shall be used for extending the said public systems of sewerage, water and drainage, to respond to the growth and extension of the City of New Orleans, and if such further surplus shall be more than sufficient for such purposes, the same shall be held by the Board of Liquidation to the credit of the City of New Orleans to be expended only in permanent public improvements, such as paving, public buildings, bridges, etc. Section 7. Be it further enacted, etc., That after January 1st, 1928, the Board of Liquidation of the City Debt, shall, out of the surplus of said taxes herein dedicated to the payment of the principal and interest of said bonds, set aside a sinking fund sufficient in amount to retire the whole of said eight millions of bonds on or before January 1, 1942, and shall from time to time, and at least once every three months, as said fund accumulates, select by lot, the numbers of the bonds to be retired at par and accrued interest, and shall advertise for ten days in a newspaper published in each of the cities of New York, Chicago and New Orleans, the number of said bonds 420 Power to Borrow and Taac e e Vol. IV Statutory Provisions App. I ll : : : : : i : and the date they will be paid (which date shall not be more than thirty days from the date of said advertisement) and at the expiration of said date, said bonds shall cease to bear interest. Section 8. Be it further enacted, etc., That the Board of Liquidation of the City Debt is hereby directed not to sell any of said eight millions of New Public Improvement Bonds in excess of the revenues hereby dedicated to the payment of the annual interest thereon, and to defer such sales, if necessary, until the assessed values of the City of New Orleans will assuredly provide the funds to meet the interest charges thereon. Section 9. Be it further enacted, etc., That if, by any mischance, the growth and progress of the City of New Orleans should be arrested, so that her assessed values should not be sufficient to provide a sinking fund to retire said bonds by January 1st, 1942, all of said bonds so remaining un- paid shall be ispo facto, extended, at the same rate of interest and with the right of call, as herein provided, until January 1st, 1962, and the said one per cent debt tax shall be levied and collected until that date or until the principal and interest of said bonds are fully and finally paid, and the proceeds thereof after July 1st, 1950, shall be applied by preference to the payment of the principal and interest of said bonds, except in so far as any portion of the proceeds of said tax may have to be applied, after that date, to the payment of the principal and interest of the said twelve millions of “Public Improvement Bonds” due July 1st, 1950, issued under said Act of 1899. If it should become necessary, after January 1st, 1942, to provide for the payment of the interest on any part of said eight million dollars of “New Public Improvement Bonds,” until the said twelve millions of “Public Improvement Bonds” are retired, and the proceeds of said one per cent. debt tax cannot be used without infringement upon the established plan of retiring the whole of said twelve millions of bonds in the interval between January 1st, 1942, and July 1st, 1950, it shall be the duty of the City of New Orleans, to be enforced by mandamus, if necessary, either by the Board of Liquidation or by any bondholder, to levy in each year a special tax. sufficient to pay the interest on said bonds, said special tax to be levied and collected and paid to the Board of Liquidation, until the proceeds of the one per cent. debt tax debt shall be available towards the payment of the interest and principal of said bonds. Section 10. Be it further enacted, etc., That the holders of bonds issued under this Act shall have all the rights and guarantees provided in said Act No. 6 of the extra session of 1899, in behalf of the holders of bonds issued under that Act, and all the substantial provisions of this Act shall constitute a contract between the holders of bonds issued hereunder, the State of Louisiana, and the City of New Orleans. Section 11. Be it further enacted and resolved, etc., That at the con- gressional election to be held in this State on Tuesday, the 6th (sixth) day of November, 1906, the following amendment to the Constitution of the State of Louisiana shall be submitted to the electors of the State, to-wit; “The City of New Orleans shall have power to issue eight million dollars of bonds, known as ‘New Public Improvement Bonds,’ for the purpose and under the provisions and conditions set forth in the Special Act of the Legislature adopted to that end and for that purpose, at the regular session of 1906, which said Act is hereby ratified and approved; and all provisions of the present Constitution of the State in conflict with the provisions of said Act, and with this amendment, are to that extent, and for that purpose only, repealed.” Section 12. Be it further enacted and resolved, etc., That on the official ballots to be used at said election, shall be placed the words: “For the City of New Orleans New Public Improvement Bond Amendment.” And the words: “Against the City of New Orleans New Public Improvement Bond Amend- ment.” - 421 X: Y | New Orleans Studies 7 8 i And each elector shall indicate his vote on the proposed amendment, as provided in the general election laws of this State. ACT NO. I 16 OF 1908 AN ACT To amend the provisions of Act No. 19 of 1906, so as to authorize the allowance to the purchasers of the New Public Improvement Bonds of the City of New Orleans of a commission or deduction not to exceed six per cent; so as to define the order or rank of payment of said bonds out of the taxes dedicated to that purpose; and to prohibit the further issue of bonds inter- fering or competing in order or rank with said bonds and the Public Improve- ment Bonds issued under Act No. 6 of the Extra Session of 1899; and to provide for the submission to the people of the State of Louisiana of a Con- stitutional Amendment, ratifying the modifications and changes herein pro- vided to be made in said Act No. 19 of 1906 and the Constitutional Amend- ment ratifying said Act. Whereas, due notice of this Act has been published in the City of New Orleans for more than thirty days prior to its introduction into the General Assembly, and due evidence thereof has been exhibited in the General Assmbly, and Whereas, owing to the increase in the rates of interest since the adoption of Act No. 19 of the Acts of 1906, the $8,000,000.00 of bonds of the City of New Orleans authorized to be issued by that Act cannot be sold as provided in said Act, and Whereas, some misunderstanding has arisen as to the order of payment of the principal and interest of said bonds out of the surplus of the one per cent debt tax and the two mill special tax. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Board of Liquidation of the City Debt, which is charged by Section 2 of Act No. 19 of the Acts of 1906, with the duty of selling $8,000,000.00 of New Public Improvement Bonds of the City of New Orleans, shall have power in selling the first four millions of said bonds to allow to the purchasers thereof a commission or deduction not to exceed six percent, the amount of said commission or deduction to be a part of the bid of the purchasers for said bonds, and the bonds to be adjudicated to the best bidder in price, not however below par and accrued interest, coupled with the least commission; and provided that the second four millions of said bonds cannot be sold as above provided with allowance of the said commission or deduction except with the consent of the City Council expressed by an ordinance adopted by a vote of two-thirds of its members, and also with the consent of the Board of Liquidation of the city debt, expressed by a resolution of said Board. Section 2. Be it further enacted, etc., That in order to make clear and indisputable the order or rank of payment out of the surplus of the one per cent. debt tax and out of the two mill special tax, of the principal and interest of the $8,000,000.00 of New Public Improvement Bonds of the City of New Orleans, authorized to be issued under said Act No. 19 of the Acts of 1906, it is hereby declared that the surplus of the one per cent. debt tax and the two mill special tax up to July 1st, 1942, are first dedicated to the payment of the $12,000,000.00 of Public Improvement Bonds of the City of New Orleans issued and sold under the provisions of Act No. 6 of the Extra Session of 1899, and that all that remains of the surplus of said one per cent. debt tax and of said two mill special tax since January 1st, 1907, after providing for the payment of all sums on said Public Improvement Bonds now required by law to be so paid, shall be dedicated to the payment of the principal and interest of the said New Public Improvement Bonds, provided nothing herein contained shall in any manner affect the dedication of the entire one per cent debt tax after July 1st, 1942. First, to said Public Improvement Bonds issued under Act 6 of 1899, and Second, to said New Public Improvement Bonds issued under Act 19 of 1906, as now provided by existing laws and Constitutional Amendment. 422 Power to Borrow and Taa: e e Vol. IV Statutory Provisions App. ill : 1 1 1 : : Section 3. Be it further enacted, etc., That no bonds shall hereafter be issued by the City of New Orleans, payable out of said taxes, which shall interfere with this order or rank of payment, or which shall compete with these two series of bonds for payment out of said funds, provided that nothing herein shall be construed as affecting the use or distribution of any surplus of said taxes remaining after providing for the payment of the principal and interest of said New Public Improvement Bonds, as provided in Section 6 of said Act No. 19 of the Acts of 1906. Section 4. Be it further enacted, etc., That at the congressional election to be held in this State on Tuesday, the third day of November, 1908, the following amendment to the Constitution of the State of Louisiana shall be submitted to the electors of the State, to-wit: “The modification and changes sought to be affected in the provisions of Act No. 19 of the Acts of 1906, which Act was ratified by Constitutional Amendment, adopted November 6, 1906, by the provisions of Act No. 116 of the Acts of 1908, are hereby ratified and approved, and all provisions of the present Constitution of the State in conflict with the provisions of said Act of of 1908, and with this amendment, are to that extent and for that purpose only repealed.” Section 5. Be it further enacted, and resolved, etc., That on the official ballots to be used at said election shall be placed the words: “For the additional amendment of the City of New Orleans Public Improve- ment Bond amendment,” and the words: “Against the additional amendment of the City of New Orleans Public Im- provement Bond amendment.” And each elector shall indicate his vote on the proposed amendment as pro- vided in the general election laws of the State. ACT NO. 179 OF 1908 AN ACT To authorize the City of New Orleans to issue two million ($2,000,000) dollars of five (5) per cent bonds, which shall be exempt from taxation; to provide for the sale thereof; to provide for the payment of the principal and interest of said bonds; to provide for the disposition of the proceeds thereof, through such Public Belt Railroad Commission as the City of New Orleans may have heretofore organized, or may hereafter organize, the members of which shall be appointed by the Mayor of the City of New Orleans, and the powers, duties and functions of which shall be prescribed by the City of New Orleans; to define the powers and duties of the City of New Orleans and the Board of Commissioners of the Port of New Orleans in relation thereto, and to submit to the people of the State of Louisiana an amendment to the Con- stitution of the State of Louisiana authorizing the issue of said bonds and ratifying the provisions of this Act. Section 1. Be it enacted by the General Assembly of the State of Louisiana, two-thirds of all the members elected to each House concurring, That, subject to the ratification of the people of the State of Louisiana, by an amendment to the Constitution of the State, hereinafter submitted to them, the City of New Orleans is hereby authorized and empowered to issue bonds not to exceed two million ($2,000,000.00) dollars in amount, to be dated January 1, 1909, bearing five (5) per cent per annum interest, payable semi-annually, the prin- cipal of which shall be payable at any time between July 1, 1939, and July 1, 1959. Said bonds shall be drawn payable to bearer, and shall be styled: “Public Belt Railroad Bonds of the City of New Orleans.” They shall be of the denomi- nations and be numbered as follows, to wit: Five thousand (5,000) of one hundred ($100.00) dollars each, numbered from 1 to 5000, both inclusive. 423 vol. iv App. Ill New Orleans Studies 15 One thousand (1,000) of five hundred ($500.00) dollars each, numbered from 16 5001 to 6000, both inclusive. 17 One thousand (1,000) of one thousand ($1,000.00) dollars each, numbered 18 from 6001 to 7000, both, inclusive. 19 They shall be payable in lawful money of the United States, with semi-annual 20 interest coupons attached, due July 1 and January 1. They shall be signed by 21 the Mayor of the City of New Orleans and countersigned by the comptroller 22 and the Treasurer of the City of New Orleans. They shall be exempt from all 23 taxation, State, parish and municipal, and the tutors of minors and curators 24 of interdicts shall be authorized to invest all funds in their hands in such bonds. 25 They may be registered and released from registry under such rules and regu- 26 lations as may be prescribed by the City of New Orleans, and no registered bond 27 shall be negotiable. They shall be received on deposit with the State or its 28 officers or any of its political subdivisions or municipalities in all cases where, 29 by law, deposits of bonds are allowed or required to be made, as security with 30 the State, or its officers, or with any of its political subdivisions or municipalities. 1 Section 2. Be it further enacted, etc., That as soon as constitutional authority 2 for the issuance of said bonds shall have been obtained, the City of New Orleans 3 shall be authorized to cause said bonds to be engraved and executed. The City 4 of New Orleans is hereby authorized and empowered, on and after January 1, 5 1909, to sell said bonds, at such times and in such numbers and amounts, and 6 upon such terms and conditions as the City of New Orleans may deem advisable, 7 provided that no sale shall be made by said city, except upon sealed proposals 8 to be submitted to said city after advertisement for the same shall be had for 9 thirty (30) consecutive days in one or more daily newspaper or newspapers 10 of the cities of New York and New Orleans, respectively, and provided that no 11 sale shall be made by said city at a price less than par and accrued interest, 12 the city to have always the right to reject any and all bids. Coupons attached 13 to said bonds, past due at the time of delivery, shall be detached and canceled 14 by said city before delivery of the bonds. Section 3. Be it further enacted, etc., That the principal and interest of said bonds shall be paid by preference from the revenues of the Public Belt Railroad of the City of New Orleans, after deducting the expenses of maintenance and operation, and all Public Belt revenues collectible under existing laws or ordinances, or amendments thereto, and all future Public Belt Railroad revenues, after deducting the expenses of maintenance and operation, are hereby pledged to secure said bonds and interest. The interest on said bonds shall be evidenced by coupons attached thereto, payable semi-annually by the Treasurer of the City of New Orleans, on the first days of July and January, and the City of New Orleans shall appropriate on or before the first days of April and October, 1909, and annually thereafter, to provide for the payment of the semi-annual interest due July 1 and January 1 of each subsequent year, out of the revenues of the Public Belt Railroad of the City of New Orleans, after deducting the expenses of maintenance and operation, which appropriations shall be credited on the books of the Treasurer of the City of New Orleans, to a special account to be styled “Public Belt Railroad Bond Interest Account,” amounts equal to the semi-annual interest on all bonds that may have been delivered. The Treasurer of the City of New Orleans is hereby empowered and directed, and it is made his duty, to pay any and all such coupons that may be due when presented by any holder thereof. In the year 1939, and annually thereafter, the City of New Orleans, shall in addition to the amount of the semi-annual interest due on the first of July and January of each year appropriate, on or before the first day of April, out of the revenues of the Public Belt Railroad of the City of New Orleans, after deducting the expenses of maintenance and operation, which appropriations shall be credited on the books of the Treasurer of the City of New Orleans to a special account to be styled “Public Belt Railroad Bond Redemption Account,” the sum of one hundred thousand ($100,000.00) dollars, and the said Treasurer is hereby empowered and directed, and it is made his duty to pay, on the first day of July of the year 1939, and annually thereafter, out of said bond redemp- tion account, one hundred thousand ($100,000.00) dollars of said bonds, in the reverse order of their issue; and all bonds and coupons retired under this Act shall be by said Treasurer duly canceled and be pasted as vouchers in a book to be by said Treasurer kept for that purpose. 424 Power to Borrow and Taa: tº gº Vol. IV Statutory Provisions App. I ll 35 36 37 38 39 40 41 42 43 44 45 46 47 In case of failure on the part of the City of New Orleans to make said appropriations at the times herein fixed and to administer and operate said Public Belt Railroad of the City of New Orleans, and to collect the revenues therefrom to provide for the payment of interest due or to become due, and the redemption of bonds, as provided for in this Act, the Board of Commissioners of the Port of New Orleans is hereby authorized, empowered and directed, and it is made its duty to administer and operate said Public Belt Railroad, to impose such charges as it may fix and collect said revenues and levy and collect the special tax hereinafter provided for and to apply the same to the purposes of this Act, and to that extent and for that purpose only, and for such time as may be necessary to that end, said Board of Commissioners of the Port of New Orleans is hereby authorized to exercise all the powers and is charged with all the duties vested under this Act in the City of New Orleans. Section 4. Be it further enacted, etc., That in case there should be in any year a deficiency in the revenues aforesaid to pay the full interest upon all of said bonds outstanding, such deficiency of interest shall be funded into bonds of such denominations as may be necessary and convenient, bearing the same rate of interest as the original bonds, and having a term to run equal to the balance of the term of the original bonds, but subject to call at will by the City of New Orleans; and in case any such bonds are issued they shall be stamped across their face “Interest Funding Bonds issued subject to immediate call,” and they shall be payable out of the special tax of two (2) mills per annum, which shall be levied on and after January 1, 1943, as hereinafter provided. Said interest funding bonds shall have all the guarantees and securities provided for the original bonds in this Act for their payment, principal and interest. In case the revenues of the Public Belt Railroad of the City of New Orleans should not be sufficient to provide for the payment of the annual interest on, or for the redemption annually, on and after January 1, 1939, of any of said bonds, as hereinabove set forth, the redemption of said bonds shall be postponed until January 1, 1944, and the City of New Orleans shall levy upon all of the taxable property within the present territorial limits of said city a special tax of two (2) mills, beginning with and including the year 1943, the entire proceeds whereof shall be applied annually to the redemption of the bonds issued under this Act and all interest that may be then or thereafter due thereon, and all outstanding “interest funding bonds,” until all of said bonds shall have been retired in principal and interest. If any surplus of said two (2) mills tax in the last year of its levy shall exist, such surplus shall be dedicated to works of public improvement to be designated by the City of New Orleans. Section 5. Be it further enacted, etc., That the City of New Orleans shall be and it is hereby authorized and empowered to expend the proceeds of said bonds for the construction and equipment of a Public Belt Railroad System in and for the City of New Orleans, including tracks, sidings, switches, spurs, crossovers and all appurtenances and accessories thereto; the building of depots, roundhouses, warehouses, sheds, stations, signals and all other necessary structures incident to the construction and equipment of railroads, for the purchase of locomotives, switch engines, cars and other necessary rolling stock; for the payment of property purchased or expropriated for the purpose of laying tracks, sidings, switches, spurs, crossovers, etc., or for the erection of necessary structures and buildings incident to railroads; for the purchase of existing roadbeds, tracks, switches, sidings, spurs, crossovers, or for the expro- priation of the same; for the purchase of barges and tugboats and other property incident to the operation of a barge system; and generally for the purchase and equipment of all property, movable and immovable, necessary and proper to construct and equip said public belt railroad system, and as an incident thereto, a barge system. Section 6. Be it further enacted, etc., That there shall be and there is hereby irrevocably dedicated to the people of the City of New Orleans for perpetual and exclusive public use said Public Belt Railroad System, as the same has been heretofore, or may hereafter be established by the City of New 425 X.'ſ | New Orleans Studies ; 1 1 1 Orleans, the title and use to which said public belt railroad system shall be and shall forever be in the people of the City of New Orleans. That all laws, servitudes, privileges and rights in favor of the State of Louisiana, the City of New Orleans and the people of the City of New Orleans, now existing in or on the lands or property on or contiguous to the Mississippi river shall continue to exist unimpaired until the full payment of the principal and interest of the bonds to be issued under this Act. Section 7. Be it further enacted, etc., That the City of New Orleans shall construct, equip, maintain and operate said Public Belt Railroad System of the City of New Orleans through and by means of such board or commission, as may have been or may be organized by the City of New Orleans, the members of which shall be appointed by the Mayor of the City of New Orleans, with the consent of the Council, the powers, duties and functions of which shall be prescribed by the City of New Orleans. The City of New Orleans shall always have the power and authority to make such changes in the location of the tracks and roadbed of the Public Belt Railroad System as may by said city be deemed necessary or proper. The control, administration, manage- ment and supervision of the construction, maintenance, operation and develop- ment of the Public Belt Railroad of the City of New Orleans shall be exclusively vested and remain in such board or commission, which shall always be separate and distinct from that of any railroad entering the City of New Orleans, and no director, officer or employee of any State or interstate railroad shall ever be allowed to act as a member of said commission, or as an officer of the Public Belt Railroad, or be employed by said Public Belt Railroad, and no rights or privileges shall be granted to any railroad company to control, manage, use or operate the said Public Belt Railroad System, or any part thereof, and said Public Belt Railroad System shall be and remain the sole property of the people of the City of New Orleans at all times, and shall in no way or manner ever be hypothecated or alienated, provided, however, that the revenues of said Public Belt Railroad of the City of New Orleans, after the deduction of the expenses of maintenance and operation, shall be and remain pledged for the payment of the bonds in principal and interest, the issue of which is herein authorized; to such extent as may be necessary under this Act. Section 8. Be it further enacted, etc., That all the provisions of this Act shall constitute a contract between the holder of the bonds issued thereunder, the State of Louisiana, the City of New Orleans and the Board of Commissioners of the Port of New Orleans. Section 9. Be it further enacted, etc., That at the congressional election to be held in this State on the first Tuesday, after the first Monday in the month of November, 1908, the following amendment to the Constitution of the State of Louisiana shall be submitted to the electors, to wit: “The City of New Orleans shall be authorized and empowered to issue two million ($2,000,000.00) dollars of bonds, to be known as Public Belt Railroad Bonds of the City of New Orleans for the purpose and under the provisions and conditions set forth in the Act of the Legislature adopted to that end, and for that purpose, at the regular session of the Louisiana General Assembly for the year 1908, which said Act is hereby ratified and approved; and all pro- visions of the Constitution of the State in conflict with the provisions of said Act and of this amendment, are to that extent and for that purpose only repealed.” Section 10. Be it further enacted, etc., That on the official ballots to be used at said election shall be placed the words, “For the Public Belt Railroad Bond Amendment,” and the words: “Against the Public Belt Railroad Bond Amendment”; and each elector shall indicate his vote on the proposed amend- ment as provided by the general elections laws of the State. ACT NO. 23 OF 1914 AS AMENDED AN ACT Amending Section 42, 43, 44, 45, 46, 47, 48, 49 and 50, of Act No. 159 of the General Assembly of the State of Louisiana, Session of 1912, relative 426 Power to Borrow and Taa: Q tº e Vol. IV Statutory Provisions App. l Il 2 1 i : to paving, repaving, banquetting, rebanquetting, repairing, maintaining, opening, straightening, widening and otherwise improving, streets and side- walks, or banquettes, in the City of New Orleans; regulating the manner of ordering such improvements and the method of apportioning and col- lecting the cost thereof; authorizing the City of New Orleans to issue and sell negotiable interest bearing certificates to cover the cost of such improve- ments; fixing periods for the payment of interest thereon, and terms and means for the payment and cancellation of such certificates; classing such certificates with the securities referred to in Act No. 71 of 1904; fixing responsibility for the maintenance of streets and sidewalks, or banquettes, in the City of New Orleans; and repealing all laws and parts of laws in conflict with the provisions of this Act. The following is from Dart's Statutes: 6217. Paving and public improvements—Definitions.—The following defini- tions shall govern the interpretation of sections 42, 43, 44, 45, 46, 47, 48, 49 and 50 [Sec. 6217-6225] of this charter: (a) “Streets.” The term “streets” shall be given its ordinary legal signifi- cation and accordingly shall be and is hereby construed to mean any way over land set apart for public travel in the city of New Orleans, no matter by what name it may be called, and is hereby declared to embrace any and all divisions and subdivisions of such way from property-line to property- line, including sidewalks, or banquettes, roadways, neutral grounds, esplanades, center strips, intersections, and other divisions and subdivisions, as such divisions and subdivisions exist or may at any time be established or re-estab- lished by the city of New Orleans. (b) “Roadway.” The term “roadway” shall be and is hereby construed to mean and embrace all divisions and subdivisions of streets except sidewalks or banquettes, as established or re-established at any time by the city of New Orleans. (c) “Paving.” “Paving of streets.” The word “paving” and the term “paving of streets” shall be and are hereby construed to mean and embrace two classes, viz., (1) Paving of roadways, and (2) banquetting, or paving of sidewalks or banquettes. (d) “Paving of roadways.” Paving of roadways shall be and is hereby con- strued to mean and embrace two classes, viz., (1) Original paving of roadways and (2) repaving of roadways. (e) “Banquetting.” Banquetting, or paving of sidewalks or banquettes, shall be and is hereby construed to mean and embrace two classes, viz., (1) Original banquetting, or original paving of sidewalks or banquettes, and (2) rebanquet- ting, or repaving of sidewalks or banquettes. (f) “Original paving of roadways.” Original paving of roadways shall con- sist of original grading, concrete foundation or other foundation, wearing surface, new curb, new counter curb, gutter bottoms, culverts, and subsurface drains, together with all manholes, catchbasins and excavations incidental thereto. (g) Original paving of roadways shall also include the filling or cutting down of sidewalks not at established grades, installing of house drains, hand- holes or cleanouts and connections, the taking up and relaying of sidewalk pavement not at established grade, the repair of sidewalk pavement not in good condition, the substitution of modern sidewalk pavement for antiquated sidewalk pavement, the construction of sidewalks where none exist and the construction of driveways. (h) “Repaving of Roadways.” Repaving of roadways shall consist of remov- ing old pavements, grading, concrete or other foundation, wearing surface, new curb, new counter curb, gutter bottoms, culverts, relining and resetting existing curb and counter curb, and subsurface drains, together with all man- holes, catchbasins and excavations incidental thereto. (i) Repaving of roadways shall also include the filling or cutting down of banquettes and sidewalks not at established grade, the installing of house 427 X: YI New Orleans Studies 47 48 49 50 drains, handholes or cleanouts and connections, the taking up and relaying of sidewalk pavement not in good condition, the construction of new sidewalk pavement where none exists, the substituting of modern for antiquated side- walk pavement, and the construction of driveways. (j) “Original Banquetting.” Original banquetting or original paving of side- walks or banquettes, shall consist of new curb, new counter curb, relining and resetting existing curb and counter curb, gutter bottoms, culverts, subsurface drains, together with all manholes, catchbasins and excavations incidental thereto, the filling or cutting down of sidewalks or banquettes not at established grade, installing house drains, handholes or cleanouts and connections, taking up and relaying sidewalk or banquette pavement not in established grade, repairing side- walk or banquette pavement not in good condition, and constructing new side- walk and banquette pavement where none exists. (k) “Rebanquetting.” Rebanquetting, or repaving of sidewalks or banquettes shall consist of removing and reconstructing on different grades, or for the purpose of changing the character of the materials, or for the purpose of making additions to existing banquette or sidewalk pavement, of the following items of work: curb, counter curb, relining and resetting existing curb and counter curb, gutter bottoms, and subsurface drains, together with all hand- holes, catchbasins and excavations incidental thereto, filling in or cutting down of sidewalks or banquettes not at established grade, installing house drains, handholes or cleanouts and connections, taking up and relaying side- walks or banquette pavement not at established grade, repairing sidewalk or banquette pavement not in good condition, and constructing new sidewalk or banquette pavement where none exists. (1) “Surfacing” is hereby construed to mean and embrace the wearing surface on a concrete or other foundation in connection with the paving of streets. “Resurfacing” is hereby construed to mean and embrace concrete foundation or other foundation where necessary, the wearing surface applied to such concrete or other foundation and shall include removal of or adding on the existing wearing surface, setting new curb, resetting old curb, gutter bottom, driveways, banquettes or sidewalks, subsurface drains together with all manholes, catchbasins and excavation incidental thereto when necessary. (m) “Temporary-surfaced roadways” and “temporarily surfaced roadways” shall be construed to mean roadways heretofore surfaced with shells, chert, gravel, slag, limestone, broken stone, or other like material. [Acts 1912, No. 159, Section 42; 1914, No. 23, Section 1; 1916, No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 1924, No. 191, Section 1; 1926, No. 346, Section 1; 1936, No. 338, Section 1.] 6218. Repair and maintenance of streets and sidewalks in general.—All paved, unpaved and temporary-surfaced streets in the city of New Orleans shall be kept in repair and maintained in good order and condition by the city of New Orleans at its expense. Unusual Repairs to Paved, Unpaved, and Temporary-Surfaced Streets. When- ever the repairs of any paved, unpaved, or temporary-surfaced street are, in the judgment of the commission council, unusual in character and extent, the commissioner of public property shall make such repairs by contract after advertising for bids in the official journal of the city three times in ten days, and said contract shall be let to the lowest responsible bidder who can furnish security satisfactory to the commission council, provided however, that the commission council shall have the right to reject any and all bids. The cost of such repairs shall be borne and paid for by the city of New Orleans. Notwithstanding any provision of this charter any work of repair and mainte- nance of streets and any work of paving, repaving, surfacing and resurfacing of streets not exceeding five thousand dollars ($5,000.00) in amount may, upon approval of the mayor, be let by contract without advertising for bids, provided that in such cases the city of New Orleans shall bear the entire cost of such work. Repair and Maintenance of Sidewalks. All paved and unpaved banquettes or sidewalks in the city of New Orleans shall be kept in repair and maintained in good order and condition by the owners of the real properties abutting 428 Power to Borrow and Taac Vol. IV Statutory Provisions App. iii upon the same, provided, however, that the cost of such maintenance and repair at intersections shall be borne by the city of New Orleans. The commission council shall establish grades and regulations to govern the construction and maintenance of banquettes or sidewalks and the pavements thereof, to be complied with by the owners of abutting properties and shall enforce observance thereof by fine or imprisonment or both. [Acts 1912, No. 159, Section 43; 1914, No. 23, Section 2; 1916, No. 69, Section 1; 1921 (E.S.), No. 105, Section 1; 1926, No. 346, Section 1; 1936, No. 338, Section 1.] 6219. General paving regulations—Procedure—Letting of contracts. Paving of Streets Generally. (a) The commission council may by ordinance provide for the paving, repaving, surfacing and resurfacing of any street, or streets, or portions thereof, in the city of New Orleans, and shall in such ordinance estimate the date of the completion of all of the work authorized thereby. Such ordinance, after its final passage, shall be promulgated in the official journal three times in ten days, the first of said promulgations to be not later than three days after the final passage of the ordinance, together with a notice stating that any person in interest having any objection to said ordinance shall submit the same in writing to the clerk of the commission council within ten days from the final passage of said ordinance. At the next meeting of the com- mission council after the expiration of said ten days all such written objections shall be considered and passed upon by the commission council and the com- mission council shall take such action as in its discretion it deems proper. (b) Plans and specifications shall be submitted by the commissioner of public property to the commission council for approval. The commission council shall have full power and authority by ordinance to divide the work authorized to be done by the ordinance hereinabove provided for in the preceding paragraph into one or more contracts in any manner to secure the best performance of the work and the least possible delay, and to make and adopt all plans and specifications therefor. Upon approval of the plans and specifications submitted by the commissioner of public property, the commission council shall direct the commissioner of public property to invite bids for as many kinds, characters or types of pavement as are in the judgment of the commission council suitable for the proper construction of the proposed improvements, and it shall be the duty of the commissioner of public property to advertise for sealed proposals or bids as so directed, by advertisement inserted in the official journal of the city three times in ten days. The said advertisement shall direct that all pro- posals or bids shall be delivered to the commissioner of public property in writing and sealed not later than twelve o'clock noon on the eleventh day after the first insertion of said advertisement, unless said day be a Sunday or other legal holiday in which case the advertisement shall direct that said pro- posals or bids shall be delivered not later than twelve o’clock noon on the next succeeding legal day. (c) The commissioner of public property shall receive said bids and after the time fixed in said advertisement for receiving bids shall have expired the commissioner of public property shall open said bids in the presence of the commission council, and thereupon it shall be the duty of the commissioner of public property to prepare and transmit to the commission council a tabulated statement giving the name of the street or streets to be paved, repaved, surfaced or resurfaced, the kinds, character or types of pavement for which bids were received, the name of the lowest bidder for each kind, character or type of pavement and the prices bid therefor by the said lowest bidders. (d) After receipt of such tabulated statement, the commission council shall designate which of the several kinds, characters or types of pavement shall be used in the paving, repaving, surfacing or resurfacing of said street or streets, and each contract shall be awarded by ordinance to the lowest responsible bidder for the particular kind of pavement so designated by the commission council who can furnish security satisfactory to the commission council, pro- vided that the commission council shall have the right to reject any and all bids or proposals. The commission council shall, in the ordinance awarding such contract, estimate the cost of the project covered by such contract in the manner provided by section 45 [Section 6220] (h) of this charter, and determine the period of years during which the equal annual instalments of assessments for the property owners' share of such costs shall be paid. 429 Vol. IV App. I'll New Orleans Studies 56 (e) Patented or Proprietary Materials. Bids shall not be invited or received 57 and contracts shall not be made for the use of patented or proprietary mate- 58 rials in any case of paving or repaving, surfacing ol resurfacing of streets. 59 (f) Subdivisions and Alterations of Streets. The commission council shall 60 have the full power and authority to decide and determine what, if any, divisions, 61 subdivisions, or alterations of existing divisions and subdivisions of streets shall 62 be made. 63 (g) Actions. All actions to enjoin or prevent any paving, repaving, surfacing 64 or resurfacing, must be instituted in a court of competent jurisdiction, prior 65 to the signing of the contract therefor, and after the signing of said contract 66 any and all actions shall be prescribed; provided that the foregoing limitations 67 of actions shall not apply to actions instituted by the city of New Orleans. 68 (h) Ordinances Accepting Bids for Paving—Recordation of a Lien. Upon 69 the adoption of the ordinance or ordinances accepting the bid or bids for paving 70 or repaving, surfacing or resurfacing of the streets embraced in the original 71 ordinance authorizing the paving, repaving, surfacing or resurfacing thereof as 72 hereinabove provided in paragraph (a) of this section, it shall then become the 73 duty of the commissioner of public property, as soon as each of said ordinances 74 is finally passed, to cause said ordinance or ordinances to be recorded in the 75 mortgage office for the parish of Orleans, and from the date of recordation of 76 said ordinance or ordinances they shall operate as a first lien and privilege 77 on all property to be affected thereby. 78 Thereafter it shall be the duty of the recorder of mortgages to report the 79 recordation of each of said ordinances on special paving lien certificates to be 80 issued by him and for which special paving lien certificates he shall have 81 authority to charge the sum of fifty cents each. 82 In issuing each of said certificates the recorder of mortgages shall report the 83 recordation of each of said ordinances adopted and recorded subsequent to the 84 effective date of this act only as against any property directly abutting on the 85 street which is to be improved under authority thereof, but as to any 86 such ordinance adopted and recorded under pre-existing law, the recorder of 87 mortgages in issuing said certificate shall report the recordation of such ordinance 88 as against any property directly abutting on the street which is to be improved 89 under the authority thereof and likewise as against any property abutting on 90 any street intersecting the street to be improved for a distance of one square 91 or block on either side of the street which is to be improved thereunder. In 92 either case the recorder of mortgages, shall report the lien created by such 93 ordinances regardless of the name of the owner of the property, provided, how- 94 ever, that the lien itself created shall, as to such ordinances adopted and 95 recorded after the effective date hereof, affect and be held to cover only the 96 property directly fronting or abutting on the street which is to be improved 97 thereunder, and as to such ordinances adopted and recorded under pre-existing 98 law, said lien shall affect and be held to cover the property directly fronting 99 or abutting on the street which is to be improved thereunder, and also as affect- 100 ing the property fronting or abutting on the intersecting streets for a distance 101 of not more than one-half block from the street which said ordinance announces 102 is to be improved; provided further that nothing herein contained shall in any 103 case be taken or held as releasing the recorder of mortgages later from the 104 duty of reporting the subsequent recordation of any statement of assessment 105 and lien given thereunder in the name of any owner of property affected by 106 the recordation of said statement of assessment when a request is filed for the 107 usual mortgage certificate in the name of the owner of any property affected 108 by a recorded statement of assessment for paving lien. 109 Upon the payment of any assessment for paving, repaving, surfacing or 110 resurfacing, a lien for which has either heretofore or may hereafter be created 111 by the recordation of an ordinance accepting the bid for paving, repaving, sur- 112 facing or resurfacing, or, in the case of liens created by heretofore recorded 113 ordinances, upon proof by the owner of the property on any intersecting street 114 lying at a greater distance than one-half block from the street which is to be 115 paved, repaved, surfaced or resurfaced, that his property is not affected by 116 the lien arising from said ordinance, the department of paving and other liens 117 for the city of New Orleans shall upon the request of the owner of such property 118 issue a certificate to that effect without cost, certifying that the assessment has 119 been paid or that the property is not affected by the lien arising from the said 430 Power to Borrow and Toa: gº º Vol. IV Statutory Provisions App. l l I 120 121 122 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ordinance, and directing and authorizing the recorder of mortgages to erase the lien arising from said ordinance insofar as the particular property is concerned. Upon the filing of such certificate in the mortgage office for the parish of Orleans, the recorder of mortgages shall cancel and erase the said lien in so far as the particular property is concerned, and he shall not thereafter be required to report the said ordinance upon any certificate thereafter issued on the property released. The recorder of mortgages shall be entitled to charge a fee of one dollar on each release so filed in his office. [Acts 1912, No. 159 Section 44; 1914, No. 23, Section 3; 1916, No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 1926, No. 346, Section 1; 1932, No. 204, Section 1: 1936, No. 338, Section 1.] 6219.1. Grants of money, labor or materials from the United States of America or any agency thereof.-(a) The commission council may receive grants of money, labor or materials from the United States of America. or any agency thereof, for use in connection with the paving, repaving, surfacing or resurfacing of any street or streets, or portions thereof, in the city of New Orleans, and whenever any such grant of money, labor or materials shall have been made by the United States of America, or any agency thereof, the commission council may provide that the paving, repaving, surfacing or resurfacing of any street or streets, or portion thereof, shall be done by day labor in such manner as the commission council may determine, notwith- standing any other provisions of the charter of the city of New Orleans, as amended by Act 338 of 1936; provided, however, that nothing herein contained shall prevent such paving, repaving, surfacing or resurfacing of any street or streets, or portions thereof, in the city of New Orleans, by contract in the manner provided in paragraph (b) of section 44 [Section 62191 of the charter of the city of New Orleans, as amended by Act 338 of 1936, if such method is approved by the United States of America, or any agency thereof, as the case may be. ORDINANCE TO BE ADOPTED BY COMMISSION COUNCIL (b) Whenever any such grant of money, labor or materials shall have been made by the United States of America, or any agency thereof, the com- mission council shall adopt an ordinance stating the street or streets, or portions thereof, to be paved, repaved, surfaced or resurfaced, the kind, character or type of paving or surfacing, the estimated total cost thereof, the estimated portion of such estimated total cost to be paid by the United States of America, or agency thereof, the estimated portion, if any, of such estimated total cost to be borne by the city of New Orleans, and the estimated portion of such estimated total cost to be borne by the owners of real estate abutting on the street or streets, or portions thereof, to be paved, repaved, surfaced or resurfaced. ACTION TO ENJOIN OR PREVENT PAVING (c) All actions to enjoin or prevent any paving, repaving, surfacing or resurfacing of any such street or streets, or portions thereof, must be insti- tuted in a court of competent jurisdiction within twenty days from the date of publication of the ordinance of intention with respect to such paving or repaving, surfacing or resurfacting, adopted pursuant to paragraph (a) of section 44 [Section 6219] of the charter of the city of New Orleans. RECORDATION OF ORDINANCE (d) As soon as the ordinance, hereinabove authorized by paragraph (b) of this section 44%, is finally passed, it shall become the duty of the com- missioner of public property to cause said ordinance to be recorded in the mortgage office for the parish of Orleans, in the manner provided in paragraph (h) of section 44 [Section 62191 of the charter of the city of New Orleans, and the provisions of said paragraph shall apply to such ordinance. APPORTIONMENT OF COST OF PAVING (e) That portion of the estimated cost of paving, repaving, surfacing, or resurfacing of any street or streets, or portions thereof, in the city of New Orleans, to be borne by the owners of abutting real estate shall. in the 431 Vol. IV App. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 | 1 || New Orleans Studies discretion of the commission council, be apportioned in the manner provided in paragraph (a) of section 45 [Section 62201 of the charter of the city of New Orleans, as amended, or in any other manner which may at any time be permitted by the charter, notwithstanding the fact that any street which may be repaved or resurfaced pursuant to this section may have been paved or surfaced within fifteen years from the date of the publication of such ordinance. (f) Upon the publication of the ordinance hereinabove authorized by para- graph (b) of this section 44% : LEVY AND COLLECTION OF SPECIAL ASSESSMENTS (1) The commission council shall have full power to levy and collect the special assessments for the estimated portion of the estimated total cost of such paving, repaving, surfacing or resurfacing, upon the real estate abutting on the street or streets, or portions thereof, to be paved, repaved, surfaced or resurfaced in the manner prescribed by section 46 [Section 6221] of the charter of the city of New Orleans, or, in its discretion, in any other manner which may at any time be permitted by the charter, and PAVING CERTIFICATES (2) shall have full power to issue paving certificates against said special assessments in the manner provided by section 47 [Section 6222] of said charter, and (3) the department of paving and other liens shall proceed to issue a state- ment of assessments and do all other things necessary for the assessing of the estimated portion of the cost to be borne by owners of abutting real estate, in the manner authorized by section 48 [Section 6223] of said charter, all of the provisions of which section shall then be applicable, or, in the discretion of the commission council, in any other manner which may at any time be permitted by the charter. If, upon the completion of such paving, repaving, surfacing or resurfacing, the cost thereof shall have exceeded the estimated cost, that portion of the additional cost to be borne by the owners of abutting real estate shall be assessed in the same manner as the estimated portion of the estimated total cost was assessed against the owners of abutting real estate. [Acts 1912, No. 159, Section 44%, as added by Acts 1938, No. 9, Section 1.] 6220. Apportionment of costs.-The apportionment of the cost of paving shall be governed by the following provisions in this section: (a) The cost of original paving of roadways (as described in paragraph (f) of section 42 [Section 6217]), shall be apportioned as follows: The entire cost of original paving of roadways at intersections shall be borne by the city of New Orleans. The cost of original paving of roadways between intersections shall be borne and paid for by the city of New Orleans and the owners of real estate abutting on the street, the roadway of which shall have been paved in whole or in part, in the proportions which shall have been determined by the commission council as hereinafter set forth, based upon a determination by the commission council of the benefits accruing to such property by virtue of such original paving. Whenever the commission council shall provide for the paving of any road- way, or portion thereof, the commission council shall fix and determine what part or portion of the entire cost of original paving between intersections shall be charged to and paid for by the owners of real estate abutting on the street, the roadway of which is to be originally paved in whole or in part, and the part or portion of such cost which is to be borne and paid for by the city of New Orleans. That part or portion of the entire cost of original paving between intersections to be charged to and paid for by the owners of real estate abutting on the street, the roadway of which is to be originally paved in whole or in part, shall be determined either by the frontage or by the square foot area of such real estate abutting on such street, as may be provided by the commission council in the ordinance of intention adopted pursuant to paragraph (a) of section 44 [Section 6219] of the charter of the city of New Orleans. 432 Power to Borrow and Taac gº tº Vol. IV Statutory Provisions App. l Il (b) In addition to their proportion of the cost of original paving of road- ways (as described in paragraph (f) of section 42 [Section 6217]), property- owners shall bear the cost of such items of work described in paragraph (g) of section 42 [Section 6217] as may be actually executed abreast, or on the side, of their property. (c) The cost of repaving of roadways, (as described in paragraph (h) of section 42 [Section 6217]), shall be apportioned as prescribed in paragraph (a) of this section; provided, however, that if the roadway ordered to be repaved shall have been paved within fifteen years prior to the action of the commission council ordering it repaved, the entire cost of such repaving shall be borne by the city of New Orleans. The commission council may at any time of its own motion order a paved roadway to be merely surfaced or resurfaced, and at the same time may order the sidewalks on the street, the roadway of which is ordered to be surfaced or resurfaced, to be improved in any manner pre- scribed in paragraph (g) of section 42 [Section 6217] and in such case the cost of the work of surfacing or resurfacing such roadway shall be apportioned as prescribed in paragraph (a) of this section and the entire cost of improving such sidewalks between intersections shall be borne by the owners of real property abutting thereon. The entire cost of improving such sidewalks at inter- sections shall be borne by the city of New Orleans. The commission council may at any time order an unpaved or temporarily-surfaced roadway to be surfaced or resurfaced with bituminous material and at the same time may order the sidewalks on the street, the roadway of which is ordered to be surfaced or resurfaced, to be improved in any manner prescribed in paragraph (g) of section 42 [Section 6217], and in such case the cost of the work of surfacing or resurfacing such roadway shall be apportioned as prescribed in paragraph (a) of this section and the entire cost of improving such sidewalks between inter- sections shall be borne by the owners of real property abutting thereon. The cost of improving such sidewalks at intersections shall be borne by the city of New Orleans. (d) In addition to their proportion of the cost of repaving of roadways (as described in paragraph (h) of section 42 [Section 6217]), property-owners shall bear the cost of such items of work described in paragraph (i) of section 42 [Section 6217] as may be actually executed abreast, or on the side, of their property. (e) The cost of original paving of sidewalks or banquettes (as described in paragraph (j) of section 42 [Section 6217]), shall be apportioned as follows: The cost of such paving between intersections shall be borne by the owners of real property abutting on the sidewalks or banquettes which shall have been paved, each of which properties shall bear the entire cost of such paving actually executed abreast, or on the side, of it. The entire cost of such paving at intersections shall be borne by the city of New Orleans. (f) The cost of repaving of sidewalks or banquettes (as described in para- graph (k) of section 42 [Section 6217]), shall be apportioned as prescribed for the apportionment of the cost of original paving of sidewalks or banquettes in paragraph (e) of this section. (g) The amounts hereafter assessed from time to time against each lot or portion of real property abutting on any street in the city of New Orleans for any and all paving, repaving, surfacing and resurfacing of the roadway thereof hereafter done as prescribed in paragraphs (a) and (c) of this section shall at no time exceed in aggregate ten dollars ($10.00) per front foot of such property. The amounts heretofore assessed against each lot or portion of real property for any and all improvements of whatsoever nature heretofore com- pleted, and the amounts hereafter assessed from time to time for work as pre- scribed in paragraphs (b), (d), (e), and (f) of this section hereafter done shall not be included in determining said ten dollars ($10.00) limitation. (h) In all cases where the word “cost” is used in this section and in sections 46, 47 and 48 [Sections 6221, 6222, 6223], it shall be held to include the cost of construction and also the cost of engineering, legal and other expenses in connection therewith, and interest at a rate to be determined by the commission council, (but not to exceed six per centum per annum), upon said cost of con- struction, engineering, legal and other expenses, in connection therewith, during 433 Vol. IV App. Ill New Orleans Studies 89 the period from the date of the awarding of the contract to the date of the com- 90 pletion of the work, as estimated by the commission council in the ordinance 91 adopted pursuant to paragraph (a) of section 44 [Section 6219] of this charter. 92 (i) Obligations of Franchise Grantee. In the event that an obligation has 93 been heretofore, or may hereafter be imposed upon the grantee of any privilege, 94 right or franchise, under any ordinance of or contract with the city of New 95 Orleans, to pave, repave, surface, resurface, maintain or repair any part or 96 portion (herein called “right of way”) of any street in said city, or to pay all 97 or any part of the city's cost of paving, repaving, surfacing, resurfacing, main- 98 taining or repairing such right of way under pre-existing laws and ordinances 99 then, whenever the residue of the roadway shall be ordered paved, repaved, sur- 100 faced, resurfaced, maintained or repaired, the commission council may order 101 the grantee to pave, repave, surface, resurface, maintain or repair its said 102 right of way and may fix the time within which said paving, repaving, sur- 103 facing, resurfacing, maintenance or repair shall be completed, and the materials 104 of which it shall be composed and the specifications under which it shall be 105 laid or done, and such grantee shall comply with the requirements of the com- 106 mission council within the time specified, and if the grantee fails to comply 107 with his obligation, and the requirements of the commission council within the 108 times specified, the city may proceed to do the work, by contract or otherwise, 109 and collect the cost thereof from the grantee, with ten per centum per annum 110 interest. 111 (j) Landings, Levees and Public Property. In any case of paving, repaving, 112 surfacing and resurfacing, whether of roadways or of sidewalks, herein provided 113 for on which abuts property owned by the city of New Orleans, such as landings, 114 levees, squares, playgrounds or buildings, except such portions of streets or such 115 strips of land known as center strips, neutral grounds, esplanade or promenades, 116 the city of New Orleans shall, with the exception stated, assume the obligation 117 herein described for the owners of abutting real property to the extent of such 118 property hereinabove referred to ; and except to the extent herein stated under 119 provisions herein referred to the obligation of owners of abutting property shall 120 be construed as applying to the city of New Orleans as owner of the abutting 121 real estate. [Acts 1912, No. 159, Section 45; 1914, No. 23, Section 4; 1916, 122 No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 1924, No. 191, Section 1 ; 123 1926, No. 346, Section 1 ; 1928, No. 236, Section 1 ; 1936, No. 338, Section 1; 124 1938, No. 8, Section 1.] i 6220.1. Assessment of property-owners—Amount per lineal foot limited.— The city of New Orleans shall not hereafter require owners of immovable property to reimburse the said city for the cost of paving in an amount of more than ten dollars for each lineal foot of paving which has been laid adjacent to such property. [Acts 1934 (3rd E. S.), No. 8, Section 1.] 6220.2. Cancelation of liens in excess of assessment limit.—Where paving liens in excess of ten dollars a lineal foot have been recorded against such property the owners of the said property may obtain the cancelation of such liens upon due proof that they have paid ten dollars or more per lineal foot on account of such paving liens exclusive of interest. [Acts 1934 (3rd E. S.), No. 8, Section 2.] 6221. Assessment and payment of cost of paving.—Assessment and payment of the Property-owner's Portion of the Cost of Paving. The assessment of the portion of the cost of paving, repaving, surfacing and resurfacing streets to the owners of real property abutting thereon, and the terms of payment thereof, shall be subject to the provisions of this section. Special Assessment. The commission council shall have power and it shall be its duty to levy and collect in the manner hereinafter prescribed, a special assessment against property-owners for their portion of the cost of paving, repaving, surfacing and resurfacing of streets or portions thereof, as hereinafter provided. Instalment Payments—Roadways. The payment of the portion of the cost of paving, repaving, surfacing or resurfacing roadways shall be made in equal annual instalments, over such period of years as the commission council may determine, not less than ten, the first instalment to become due on the first 434 Power to Borrow and Taac © e. Vol. IV Statutory Provisions App. l Il day of January or the first day of July next succeeding the date of the completion of the work as estimated by the commission council in the ordinance adopted pursuant to paragraph (a) of section 44 [Section 6219.] of this charter, whichever date is nearer, provided, however, that interest shall be paid by the property-owner on the entire amount of his assessment from the date of the passage of said ordinance accepting the work to said date when said first instalment becomes due. Each succeeding annual instalment shall become due on the same date in each year thereafter. Instalment Payments—Sidewalks. The payment of the property-owners' por- tion of the cost of original paving of sidewalks or banquettes and of the property-owners’ portion of the cost of repaving of sidewalks or banquettes shall be made in equal annual instalments, over such period of years as the commisison council may determine, not less than three, the first in- stalment to become due on the first day of January or the first day of July next succeeding the date of the completion of the work as estimated by the commission council in the ordinance adopted pursuant to para- graph (a) of section 44 [Section 6219.] of this charter, whichever date is nearer, provided, however, that interest shall be paid by the property-owner on the entire amount of his assessment from the date of the passage of said ordinance accepting the work to said date when said first instalment be- comes due. Each succeeding annual instalment shall become due on the same date in each year thereafter. Interest on Deferred Payments. In all cases, interest shall be paid on all deferred payments, such interest to accrue in each case from the date of the final passage of the ordinance accepting the work, and to be at the rate of one-half of one per centum (% of 1%) higher (but within a maximum of six and one-half per centum (6%%) per annum) than the rate borne by the certificates provided for in section 47 [Section 6222]. Payment in Full. Property-owners shall have the right at any time during the period of their indebtedness to pay the whole amount of the cost of paving and repaving, surfacing and resurfacing of streets assessed against them, together with interest as follows: If such payment in full is made between October 15th of one year and May 15th of the succeeding year, the property-owners shall pay interest upon all of the unpaid instalments of assesments, to and including the 30th day of June next ensuing; but if such payment in full is made after May 15th and prior to the ensuing October 15th, the property-owners shall pay interest upon all of the unpaid instalments of assessments to and including the 31st day of December next ensuing. Failure to Pay Instalment. Failure to pay any instalment of assessments and interest when due shall have the effect of maturing all unpaid instalments of assessments and the hereinafter provided lien on the property shall then be enforced for the interest then due and for the entire amount of all unpaid instalments of the assessments due and unpaid by such property including the instalments for all of the subsequent years, with penalties thereon at the rate of one per centum (1%) per month until paid. If within one year from said due date the property-owner fails to pay said interest and the entire amount of unpaid instalments of assessments and penalties it shall thereupon be the duty of the officer or officers of the city of New Orleans charged with the duty of selling property in the city of New Orleans for nonpayment of city real estate taxes immediately to sell such property for said interest and for the entire amount of the unpaid instalments of assessments due and unpaid by said property with penalties and costs; and the performance of such duty shall constitute an essential part of the obligation of the contract of the paving certificates authorized to be issued by section 47 [Section 6222] of this eharter. The procedure in connection with the notice, advertisement, and sale of such property shall be governed by the law applicable to the sale of real property for delinquent city taxes. Said property so sold may be redeemed by the property-owner at any time within three years from the date of the recordation of the sale of the property, or within such other period as may hereafter be prescribed by the constitution of Louisiana for redeeming real property sold at tax sale, by paying the price of adjudication, including costs and five per centum (5%) penalty thereon, and 435 Vol. IV App. Ill New Orleans Studies 78 interest at the rate of one per centum (1%) per month until redeemed. [Acts 79 1912, No. 159, Section 46; 1914, No. 23, Section 5; 1916, No. 69, Section 1; 80 1921 (E. S.), No. 105, Section 1; 1926, No. 346, Section 1; 1932, No. 204, 81 Section 1; 1936, No. 338, Section 1.] 6222. Streets—Paving and repair—Moneys—Collection—Disbursement.—Cer- tificates—Issuance. Upon the passage of the ordinance or ordinances awarding the contracts for the work authorized to be done by the ordinance provided for in paragraph (a) of section 44 [Section 6219.] of this charter, the commission council may by ordinance authorize an issue of certificates to an amount equal to the estimate of the property-owners' portion of the cost of said work as determined in said ordinance or ordinances awarding the contracts. All such certificates hereafter issued shall be neatly engraved or printed, and numbered, and entitled “New Series Paving Certificates-Issue....” Following the word “issue” there shall be inserted the year of the issuance of such new series paving certificates and such other symbol as shall clearly identify the particular issue in each instance. The form and all other details of each issue of such new series paving certificates shall be prescribed by the ordinance authorizing their issuance, and they may be in coupon form registerable as to principal only or as to both principal and interest, or may be in registered form, all as may be determined by the commission council in said ordinance. They shall be signed by the facsimile signatures of the mayor, the commissioner of public finance and the commissioner of public property, and shall be countersigned by the autograph signature of such deputy of the commissioner of public finance as shall be designated by the commission council in said ordinance, provided, however, that they may be delivered to the purchaser and shall be valid and legally binding obligations of the city of New Orleans, notwithstanding the fact that any or all of the officials whose facsimile or autograph signatures appear thereon or on the coupons attached thereto are no longer in office on the date of delivery thereof and payment therefor. If they are issued in coupon form the facsimile signatures of the mayor, commissioner of public finance and com- missioner of public property shall appear on the coupons attached thereto. Certificates—Selling Price—Interest. Said new series paving certificates shall not be sold for less than their par value; they shall bear such interest as the commission council may fix, not exceeding six per centum (6%) per annum, payable semiannually. Par value, as used herein, shall mean principal and interest accrued to date of delivery. Each issue of said new series paving cer- tificates may be sold at one time or may be sold in such instalments from time to time as may be determined by the commission council, upon sealed proposals, to the highest bidder after a notice of sale thereof shall have been published in the official journal of the city of New Orleans and in a financial journal or newspaper published in the city of Chicago, Illinois, and in a financial journal or newspaper published in the city of New York, New York, once a week for two successive weeks, the first publication thereof to be not less than ten (10) days from the date fixed for such sale. Said notice of sale may prescribe the rate of interest to be borne by said new series paving certificates, or may pro- vide that the bidders shall name the rate of interest to be borne thereby, expressed in multiple of one-quarter of one per centum (% of 1%) per annum, in which case they shall be awarded to the bidder offering to pay the best price therefor, at the lowest rate of interest. Certificates—Maturity. Each issue of new series paving certificates shall mature in annual instalments corresponding to the instalments of assessments against which they are issued, provided, however, that the first instalment thereof shall mature one year following the date when the first instalment of assessments shall become due and payable as determined by the commission council, depending upon the estimate made by it in the ordinance adopted pur- suant to paragraph (a) of section 44 [Section 62191 of this charter, of the time when the work will be completed and the last instalment of said new series paving certificates shall become due and payable in the year following the year when the last instalment of assessments against which they are issued shall become due and payable as determined by the commission council, the intervening instalments of such new series paving certificates to become due and payable in the year following the year in which the instalments of assess- ments against which they are issued shall become due and payable as determined by the commission council. All or any of said new series paving certificates 436 Power to Borrow and Taac V tº º ol. IV Statutory Provisions App. l l I shall be redeemable at par and accrued interest in the inverse order of their maturity by the city of New Orleans at any time upon publication of a notice of redemption once a week for four weeks, the first publication thereof to be not less than thirty days prior to the date fixed for redemption, in the official journal of the city of New Orleans and in a recognized financial journal pub- lished in each of the cities of New York, New York, and Chicago, Illinois, and interest upon said new series paving certificates so called for redemption shall cease after the date so fixed for the redemption thereof. It shall be the mandatory duty of the commissioner of public finance or his successor as the chief financial officer of the city of New Orleans or such other city official as shall be designated by the commission council for that purpose, and the performance of said duty is hereby declared to be an essential part of the obligation of the contract of each of said new series paving certificates, in the same manner to call for redemption at par and accrued interest outstanding new series paving certificates in the inverse order of their maturities whenever there is a surplus of five thou- sand dollars ($5,000.00) or more in the particular special fund applicable thereto, to the extent of such surplus, after deducting and reserving from the particular special fund the sum necessary to pay the next two ensuing instalments of principal of said new series refunding paving certificates and the instalments of interest due on said next two ensuing instalments of principal thereof. Certificates—Negotiable. The new series paving certificates shall be the direct general obligations of the city of New Orleans, and shall be negotiable instru- ments for the payment of the principal and interest of which the full faith and credit of the city of New Orleans shall be pledged, and shall be included in the securities described in Act No. 71 of the General Assembly of the state of Loui- siana, Session of 1904, and the same are hereby made acceptable for deposit with the treasurer of the state of Louisiana in accordance with the terms and conditions of that act. Certificates—Proceeds. The funds derived from the sale of each issue of said new series paving certificates shall be appropriated by the commission council for the payment of the work in connection with which said issue was sold; and pending their disbursement the funds derived from the sale of each issue shall be kept separate and distinct from all other funds derived from the sale of any other issues of said new series paving certificates and shall be deposited in a separate account in a bank to be designated by the commission council within the state of Louisiana, and whatever interest shall be earned thereon shall be credited to said account. Each said special account shall be secured to the full amount thereof by collateral to be approved by the commission council against each account shall be charged the amounts paid out for the work payable therefrom ; provided, however, that the successful bidder or purchaser of the new series paving certificates may stipulate in his bid that the proceeds of said new series paving certificates shall be deposited in some bank within the state of Louisiana designated or to be designated by him, which stipulation shall be limited to the deposit of said proceeds and shall not extend to the assessment levied and collected to pay the same, and provided further that the banks so designated by him shall furnish the same security and pay the same rate of interest and comply with the same conditions as are required of banks designated by the commission council. [Acts 1912, No. 159, Sec. 47; 1914, No. 23, Sec. 6; 1916, No. 69, Sec. 1; 1921 (E. S.), No. 105, Sec. 1; 1924, No. 191, Sec. 1; 1926, No. 346, Sec. 1; 1932, No. 204, Sec. 1; 1936, No. 338, Sec. 1.] 6222.1. Refunding paving certificates—Manner of issue—Status—Security— Depositories—Assessments—Repealing clause.—(a) The city of New Orleans is hereby authorized and empowered to issue from time to time refunding paving certificates for the purpose of refunding, readjusting, extending or unifying the whole or any part of the outstanding paving certificates of said city heretofore issued under the authority of the constitution or laws of the state of Louisiana and the charter of the city of New Orleans, including Act 4 of the general assem- bly of Louisiana, session of 1916, and pursuant to the provisions of section 44 to 47 [Sections 6219-62211 inclusive, of said charter, whether said outstanding pav- ing certificates have matured, or have not matured, all, according to their issue, being subject to redemption at the option of the city on January first of any year before maturity, upon the payment of the par value thereof, and accrued interest thereon up to and including the date upon which such paving certifi- cates are so called in for redemption. 437 Vol. IV App. Ill New Orleans Studies 15 (b) Said refunding paving certificates shall be authorized by ordinance of 16 the commission council, and may be issued in a single series under one date 17 in an amount sufficient to retire all of the outstanding paving certificates 18 of the city or issued in separate series and under different dates and amounts 19 to retire any part of the outstanding paving certificates in the discretion of 20 the commission council. 21 (c) Said refunding paving certificates or any series thereof may be made to 22 mature serially in substantially equal annual instalments of principal commenc- 23 ing not later than three years from their date, and ending not later than 24 fifteen years from their date; or said refunding paving certificates or any 25 series thereof may be made to mature fifteen years from their date with a 26 fixed amount of principal to be called annually by lot and retired, which amount 27 to be so called each year shall be a sum equal to not less than one-fifteenth 28 of the total paving refunding certificates of the series authorized to be issued, 29 and said call shall be fixed to commence not later than three years from date; 30 or at the discretion of the commission council said paving refunding certifi- 31 cates may be issued in part with serial maturities, and in part with fixed 32 maturities, as herein provided in order to facilitate the sale, exchange, or the 33 sale and exchange, of any part, or all of any paving refunding certificates 34 authorized to be issued hereunder. 35 (d) The commission council may further provide in said ordinance that any 36 one or all of the series of said refunding paving certificates shall be callable or 37 redeemable on any interest payment date upon publication of a notice to 38 redeem said refunding paving certificates once a week for four weeks, the first 39 publication to be not less than thirty days prior to the date fixed for such 40 redemption, in the official journal of the city of New Orleans, and in recognized 41 financial journals published in the cities of Chicago and New York, in which 42 case the option to call or redeem said refunding paving certificates, and the 43 manner in which the notice of redemption shall be published shall be specified 44 in the face of said refunding paving certificates and all interest on said refund- 45 ing paving certificates shall cease from and after the date so fixed for 46 redemption. 47 (e) Said refunding paving certificates shall be in denominations of not less. 48 than $100 and shall bear interest at a rate not to exceed six per cent per 49 annum, payable semiannually and both principal and interest thereof shall be 50 payable at a place or places within or without the state to be determined by 51 said ordinance of the commission council and to be designated in said certificates. 52 Said certificates shall be signed by the mayor and the commissioner of public 53 finance and the commissioner of public property of the city of New Orleans, and 54 the coupons attached thereto representing the semiannual interest payments due 55 thereon, shall be signed by the facsimile signatures of said officials. In case any 56 officer whose signature appears upon the certificates or coupons attached 57 thereto issued pursuant to this section, shall cease to be such officer before the 58 delivery of such certificates, such signature shall nevertheless be valid and 59 sufficient for all purposes, the same as if he had remained in office until the 60 delivery of such certificates. The form and all other details of such certificates, 61 including provisions for their registration as to principal only, and as to both 62 principal and interest, if either or both should be desired, shall be fixed by the 63 commission council of the city, and shall be fully set out in the ordinance 64 authorizing the issuance of said refunding paving certificates. 65 (f) For the payment of the principal and interest of any refunding paving 66 certificates issued under this section the city shall be required to levy and collect 67 the same assessments, taxes and charges as it would have been required to 68 levy and collect for the payment of the outstanding paving certificates refunded 69 thereby, which assessments, taxes and charges as collected shall be daily 70 deposited in a special fund by the official or officials of such city having the 71 custody and control thereof, which special fund shall be held inviolate and shall 72 be applied solely in payment of such outstanding paving certificates, and 73 of the refunding paving certificates issued to refund said outstanding pav- 74 ing certificates. The commission council of the city of New Orleans, or 75 its successors as the governing body of the city, shall annually budget 76 and appropriate out of the general revenues of the city of New Orleans 77 to be derived from taxation, a sum of not less than one hundred and fifty 438 Power to Borrow and Taac © tº Vol. IV Statutory Provisions App. l l I 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 thousand dollars ($150,000), and shall dedicate, use and employ the moneys so budgeted and appropriated solely for the payment of the refunding paving certificates issued pursuant to this section, and said moneys as collected shall be daily deposited in said special fund by the official or officials of such city having the custody and control thereof, in addition to the assessments herein- above mentioned, against which said outstanding paving certificates are pri- marily chargeable, and to the one hundred and fifty thousand dollars to be annually appropriated and budgeted from the general revenues of the city, the commission council of the city of New Orleans is hereby authorized to annually appropriate from the revenues of said city derived from taxation for general municipal purposes, and from sources other than the taxes for the payment of the principal and interest of the bonds of said city now outstanding or hereafter to be issued pursuant to Act 4 of the general assembly of the state of Louisiana, session of 1916, moneys to be applied in payment of such outstanding paving certificates, and of the refunding paving certificates issues pursuant to this section to refund said outstanding paving certificates to the extent that such assessments shall be insufficient for the payment of the principal and interest of said outstanding paving certificates and of the refund- ing paving certificates issued pusuant to this section to refund said outstanding paving certificates. The refunding paving certificates herein authorized to be issued shall be payable to bearer and are declared to be negotiable instruments for the payment of which the full faith and credit of the city of New Orleans shall be pledged, and shall be included in the securities described in Act No. 71 of the general assembly of the state of Louisiana, session of 1904, and the same are hereby made acceptable for deposit with the treasurer of the state of Louisiana, in accordance with the terms and conditions of that act. (g) Any refunding paving certificates issued under this section shall rank on a parity with all other refunding paving certificates issued hereunder, and on a parity with all other paving certificates of the issue or issues refunded in part thereby, and shall in all respects be deemed substituted for the particular paving certificates refunded thereby and entitled to the same security and payable from the same funds as the paving certificates so refunded, and the holders thereof shall be subrogated to all of the rights and remedies of the holders of said outstanding paving certificates so refunded, and said refunding paving certificates shall continue to be entitled to the same security. (h) All assessments heretofore levied and against which said outstanding paving certificates have been issued, and all such outstanding paving certificates are hereby ratified, validated and confirmed, notwithstanding any defect or irregularity in any of the proceedings pertaining to the levy of such assessments, or the making of the improvements for which such assessments were levied, or the issuance of such outstanding paving certificates, and all liens for such assessments are hereby certified, validated and confirmed. The commission council shall, at any time, if any such assessments shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if in its discretion it shall be satisfied that any such assessment is so irregular or defective that the same can not be enforced or collected, or if it shall have omitted to make any assessment when it might have done so, take all necessary steps to cause a new assessment to be made for the whole or any part of of any improvement, or against any property benefited by any improvement for which said paving certificates to be refunded were issued, following as nearly as may be, the provisions of sections 44 to 46 [Sections 6219–6221], inclusive, of Act No. 159 of the general assembly of the state of Louisiana, session of 1912, as amended, and in case such second assessment shall be annulled, said commission council may again make other assessments until a valid assessment shall be made. (i) Said refunding paving certificates shall not be delivered more than three months prior to the date of maturity or the date fixed for redemption of the particular outstanding paving certificates to be refunded thereby, unless the holders of such outstanding paving certificates have agreed to surrender them prior to their maturity, and unless the date fixed for such surrender is within three months from the date of the delivery of the refunding paving certificates. Said refunding paving certificates may be sold to the highest bidder at public 439 Vol. IV App. ill New Orleans Studies 140 sale after a notice of such sale has been published in the official journal of 141 of the city of New Orleans, and in recognized financial journals published in 142 the cities of Chicago and New York, once at least ten days prior to such sales, 143 describing such issues and terms and fixing the time and place for receiving and 144 opening sealed bids. The commission council may reject all offers or bids 145 received as a result of such notice, and may then sell such refunding paving 146 certificates at private sale, but not on terms less advantageous to the city than 147 the best bid so received, until after such public sale has been again advertised. 148 In the discretion of the commission council, said refunding paving certificates 149 may be sold privately to the reconstruction finance corporation, the federal 150 emergency administration of public works, or any other agency of the United 151 States of America, without the publication of any notice of sale. Said refund- 152 ing paving certificates, in the discretion of the commission council, may also 153 be exchanged for not less than a like amount of outstanding paving certificates 154 with the consent of the holders of such oustanding paving certificates at 155 any time. 156 (j) The commission council is hereby authorized to appoint such fiscal 157 depository or depositories within or without the state of Louisiana for the 158 purpose of carrying out the scheme of issuing refunding paving certificates 159 hereunder to refund outstanding paving certificates under such terms, condi- 160 tions and regulations as may be agreed upon, always provided that the limita- 161 tions and restrictions herein imposed with respect to the delivery of such 162 refunding paving certificates shall at all times be fully observed, and the 163 commission council may pay such compensation for the services of such fiscal 164 depository or depositories and require such surety, bonds or other security for 165 the faithful performance of the duties of such fiscal depository or depositories 166 as may be mutually agreed upon. 167 (k) When any refunding paving certificates shall have been duly issued and 168 delivered, and are outstanding, the commission council may extend the time for 169 the payment of that proportion of each instalment of assessments theretofore 170 levied or directed to be levied for the payment of the principal of the paving 171 certificates so refunded, as shall be not greater than the ratio that the paving 172 certificates so refunded and for the payment of which such instalment of assess- 173 ments was levied or directed to be levied, bear to the total amount of outstanding 174 paving certificates for which such instalment of assessments was levied or 175 directed to be levied; provided, however that such extension of time for pay- 176 ment of such instalments of assessments shall not be for a period longer than 177 that for which the maturities of the paving certificates payable therefrom are 178 extended by the issuance of refunding paving certificates therefor. Any and 179 all assessments so extended shall continue to bear interest during such extended 180 period, which interest shall be collected annually as now provided in section 46 181 [Section 6221] of Act No. 159 of the general assembly of the state of Louisiana, 182 session of 1912, as amended, and shall constitute a lien upon the property of 183 of the same character and to the same extent as provided in said act. 184 (1) All laws or parts of laws in conflict herewith are hereby repealed in so 185 far as they conflict with the provisions of this section and none of the provisions 186 of Act No. 2 of the Second Extraordinary Session of the legislature of the state 187 of Louisiana of 1934, or Act No. 6 of the Third Extraordinary Session of the 188 legislature of the state of Louisiana of 1934, or of Act No. 8 of the Third 189 Extraordinary Session of the legislature of the state of Louisiana of 1934, or of 190 Act No. 25 of the Third Extraordinary Session of the legislature of the state 191 of Louisiana of 1934, shall apply to the assessments from which the outstand- 192 ing paving certificates authorized to be refunded hereby are payable, nor to 193 the liens for such assessments, all of which assessments and liens shall remain 194 in full force and effect, and shall be due and payable in the same manner and 195 at the same time and shall bear interest as provided in Act No. 159 of the 196 general assembly of the state of Louisiana, session of 1912, as amended except 197 in so far as the same may be extended, pursuant to the provisions of this 198 section, and shall be applied to the refunding paving certificates issued pursuant 199 to this section to refund said outstanding paving certificates, nor shall any 200 of the provisions of said acts apply to the levy and collection of any taxes 201 or charges for the payment of said outstanding paving certificates or of the 440 Power to Borrow and Taac Vol. IV Statutory Provisions App. l II 202 203 204 205 206 207 2 0 8 refunding paving certificates issued to refund said outstanding paving certifi- cates, but all of such taxes and charges shall continue to be in full force and effect and shall continue to be collected and applied to the payment of the refunding paving certificates, and the interest thereon, issued pursuant to this section to refund said outstanding paving certificates. [Acts 1912, No. 159, Section 47%, as added by Acts 1935 (1st E. S.), No. 20, Section 1; 1935 (4th E. S.), No. 27, Section 1.] 6223. Department of paving and other liens—Statement of assessment of cost—Maps and diagrams—Payment of cost of compiling data—Notice—Com- plaints—Payment—Paving certificates.—There shall be a separate department under the department of public finance to be known as the “Department of Paving and Other Liens,” to which department shall be referred the duty of keeping a record and auditing of all liens due to the city of New Orleans, (any other provisions of the charter or statute to the contrary notwithstanding), by owners of property arising from the imposition of charges against real property for the cost of all paving and repaving, surfacing and resurfacing of streets, as well as all other charges for paving and repaving of sidewalks of one block or less in length arising from or based on any lien now levied against, or to be hereinafter levied by law, against real property in the city of New Orleans. (a) Upon the awarding of any contract or contracts for the work, as pro- vided in section 44 [Section 6219], the commissioner of public property shall issue a statement of assessments, which statement shall give a brief description of the lots or portions of real property against which the property-owner's part or portion of the cost of the work covered by such contract or contracts shall be assessed, the names of the owners thereof as shown by the assessment rolls at the time the statement is made, and the amount of the cost of such work payable by each property-owner effected thereby, as provided in para- graph (h) of section 45 [Section 6220] of this charter; and the issuance of such statement of the assessments by the commissioner of public property shall be prima facie evidence that all legal formalities have been complied with. (b) For the purpose of creating and levying a lien against the lots or portions of real property for such work, and for the enforcement of such liens, it shall be sufficient in the preparation of such statements of assessment aforesaid to describe all such lots or portions of real property affected thereby by such descrip- tion as will serve to reasonably identify the same; such as designating the lot or portion of real property by the name by which it is commonly known or by the number or letter by which it may be usually designated on the regular assessment rolls at the time the statement of assessment is made, or upon an official or private plan or sketch, or by giving the boundaries, or the name of the owners upon each side, or by the dimensions or description or name given in the act, transferring the ownership thereof, or by such other additional descrip- tion which the commissioner of public property may deem proper to furnish a further means of reasonable identification. (c) It shall be the duty of the commissioner of public property, through the city engineer, at the time of making up the statements of assessments afore- said, to have prepared at the same time a series of maps or diagrams describing as accurately as possible the measurements and location of each lot or portion of real property affected by the lien arising from such assessment, with the respective names of the owners thereof, at the time of making the said state- ment of assessments, obtained in the manner hereinbefore provided, and these maps or diagrams placed in book form and identified with such contract shall, with the statements of assessments hereinbefore mentioned, after the expiration of the period hereinafter provided for in paragraph (e), and the necessary revision and correction, be delivered to the commissioner of public finance. (d) No subdivision, or any change whatsoever, in the size or location of the lots or portions of real property or the designations thereof as shown on the maps or diagrams made in the manner hereinbefore specified, for the purpose of reallocating the amount due for any unpaid lien or portion of lien on the said lots or portions of real property, shall be permitted, sanctioned or recognized by the commissioner of public finance, unless there shall be first presented to the department of paving and other liens a formal request in writing, supported by the affidavit of the owner of record of such lot or portion of real property, together with an accurate description of the proposed change in size, rearrange- 441 Vol. IV App. Ill New Orleans Studies 58 ment or location or designation of such lot or portion of real property shown 59 on the maps or diagram hereinbefore referred to; but in no case shall the com- 60 missioner of public finance, through the department of other liens, have any 61 authority to permit, sanction or recognize the change, in size, rearrangement 62 or location of any lot or portion of real property which will change the original 63 status of any lot or portion of real property, as originally shown on the maps 64 or diagrams, the effect of which would be to cause any lot or portion of real 65 property or any part of the original lot or portion of real property to bear in 66 the future a lesser charge than originally borne by that particular lot or portion 67 of real property; provided, further, that in those instances where a change or 68 subdivision of any lot or portion of real property may be permitted, sanctioned 69 or recognized, that such subdivision or change for the object hereinbefore 70 specified, shall not be permitted or recognized unless all past due annual instal- 71 ments of the paving lien due by the original lot or portion of real property, 72 as well as the individual charges due thereon, shall first be paid. 73 (e) After the commissioner of public property shall have completed the 74 preparation of any statements of assessments and before transmitting the same 75 to the commissioner of public finance, the commissioner of public property shall 76 give notice by publication in the official journal of the city of New Orleans 77 once a week for two successive weeks that the said statement or statements 78 of assessments have been completed and will be exposed in the office of the city 79 engineer of the city of New Orleans for inspection and correction, (whether in 80 name, designation, measurement, amount, or otherwise), upon the complaint 81 of any owner of any lot or portion of real property affected thereby during the 82 period of fifteen days from the first publication of said notice in the official 83 journal; provided, further, that the commissioner of public property may, if 84 he deems it necessary, give such further notice in other newspaper as may to 85 him seem necessary and proper. 86 (f) Unless the owner of any lot or portion of real property, affected by 87 any such statements, shall make written complaint of any erroneous description 88 of such lot or portion of real property, (whether in name, measurement, desig- 89 nation or otherwise), or of an erroneous assessment thereon, during the period 90 when the said statement or statements of assessments are open for inspection 91 and correction, the respective lots or portions of real property to be affected 92 by such statement or statements of assessments shall, for the purpose of the 93 establishing and enforcing of the liens sought to be levied thereon by such 94 statement or statements of assessments, be deemed properly described, and the 95 assessment shall be deemed to be correct, and the owner of any such lot or pur- 96 chase of real property, or his heirs, or assigns shall then have no standing in 97 court to contest the validity of any lien because of an erroneous description 98 thereof (whether in name, measurement, designation, or otherwise), or because 99 of an erroneous assessment thereon. 100 (g) After the period shall have expired for the public inspection and cor- 101 rection of any statement or statements of assessments, and the commissioner 102 of public property shall have corrected the name where necessary, he shall 103 then transmit the said statement or statements of assessments to the commis- 104 sioner of public finance and thereupon the commissioner of public finances 105 shall record the said statement or statements of assessments with accompanying 106 maps or diagrams in the mortgage office for the parish of Orleans and the said 107 recorder of mortgages shall immediately file the statement or statements of 108 assessments delivered to him with accompanying maps or diagrams, and shall 109 retain and keep the same among the records of his office, and it shall be and 110 constitute a part of the same. He shall index the said statement or statements 111 of assessments in the current mortgage book under the head of “Statement of 112 Paving Assessments for the year. ...,” but no further record thereof shall be 113 necessary or be paid for; provided that the failure of the said recorder to mark 114 the said statement or statements of assessments “Filed” or to index the same 115 shall in no way prejudice the rights of the city of New Orleans, or the rights 116 of any holder of the new series of paving certificates authorized by section 47 117 [Section 6222] of this charter. 118 (h) The commissioner of public finance, after having received the statement 119 or statements of assessments with diagrams or maps, shall at the time he 120 records same in the mortgage office, transmit one set of said statement or 121 statements of assessments with diagrams or maps to the department of paving 122 and other liens, which department shall forthwith transmit to the owner of 442 Power to Borrow and Taa: e - Vol. IV Statutory Provisions App. l l I 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 each lot or portion of real property a statement of the assessments due by him, together with a notice to call and liquidate the same in full without interest not later than the first day of January or the first day of July next succeeding the date of the completion of the work as estimated in the ordinance of the com- mission council adopted pursuant to paragraph (a) of section 44 [Section 6219] of this charter, whichever date is nearer, such notice to specify said date, and the failure of such owner to pay the said assessment in full on or before said date shall operate as an election by him that he desires to pay the same in instalments. (i) The fact that a copy or copies of the said statement or statements of assessments are of record in the mortgage office for the parish of Orleans shall constitute notice to all persons whose lots or portions of real property are affected thereby that a copy of said statement or statements of assessments are likewise of record in the department of paving and other liens, and it shall not be required of the commissioner of public finance to add said statement or state- ments of assessments to the regular tax bill, and payments shall be made to the regularly appointed collectors of city real estate taxes in the city of New Orleans; provided, however, that before any such payments can be made or received that the owners of such lot portions of real property shall present to the collector of city real estate taxes a certificate in proper form from the department of paving and other liens showing the amount due at the time of making such payment whether such payment be in full or as an annual instal- ment, and it shall be the duty of the collector of such moneys to make a daily report back to the department of paving and other liens of the amounts of assessments so collected. (j) Lien and Privilege. From the date that the said statement or statements of assessments are filed in the mortgage office they shall act, in rem, as a first lien and privilege on each specific lot or portion of real property therein assessed. Such lien and privilege shall be superior to any pre-existing or subsequent vendor's lien, privilege or mortgage and shall remain in full force for the amount due in principal and interest, including court costs, if any, for collecting, until full and final payment of the assessment has been made, notwithstanding any subsequent sale or transfer of such lot or portion of real property. Whenever any such lot or portion of real property affected by such lien and privilege is sold for the unpaid city or state real estate taxes due thereon, and is adjudi- cated to the city or state, as the case may be, the fact of such adjudication to the city or state shall not have the effect of cancelling such lien and privilege by confusion, or otherwise, but such lien and privilege shall continue in full force and effect, and be enforceable against such lot or portion of real property until the same is fully paid and satisfied. (k) If at the time of the passage of the ordinance or ordinances of the com- mission council accepting the work there shall be found to be any items of work of the kind described in paragraphs (g), (i), (j) and (k) of Section 42 [Section 6217] the cost of which is chargeable to the property-owners, which has not previously been assessed, such cost shall then be assessed against the respective lots or portions of real property in the manner prescribed by paragraph (a) to (i) of this section. (l) The commission council shall, at any time, if any such assessments hereinabove provided for in this section shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if in its dis- cretion it shall be satisfied that any such assessment is so irregular or defective that the same can not be enforced or collected, or if it shall have omitted to make any assessment when it might have done so, take all necessary steps to cause a new assessment to be made for the whole or any part of any improve- ment, or against any property benefited by any improvement for which said new series paving certificates were issued, following as nearly as may the pro- visions of this section, and in case such second assessment shall be annulled, said commission council may again make other assessments until a valid assess- ment shall be made. (m) Certificates—Payment—Security. All assessments of paving, repaving, surfacing and resurfacing of streets made against the properties from which they are due, and all such assessments collected from said properties, and all liens, privileges, etc. herein accorded to the city of New Orleans on said properties shall be and they are hereby pledged for the payment of principal and interest 443 X: Y I New Orleans Studies 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 of the particular issue of new series paving certificates hereafter issued pursuant to section 47 [Section 6222] of this charter in connection with such paving, repaving, surfacing and resurfacing of streets; and all such collections as well as such surplus from the proceeds of the sale of said new series paving cer- tificates over and above the amount necessary to pay and discharge the property- owner's portion of the cost of the paving, repaving, surfacing and resurfacing of streets shall be and are hereby dedicated as a special fund for the payment of principal and interest of the particular issue of new series paving certificates issued in connection with such paving, repaving, surfacing and resurfacing of streets. All said moneys as collected shall be daily deposited in the respective special funds by the official or officials having the custody and control thereof and it shall be an essential part of the obligation of the contract of said new series paving certificates of the city of New Orleans for the official or officials having the custody and control of said moneys to deposit the same daily as collected in the respective special funds. The commission council of the city of New Orleans or its successor as the governing body of the city of New Orleans shall also annually budget and appropriate out of the general revenues of the city of New Orleans to be derived from taxation a sum not less than three per centum (3%) of the principal amount of each issue of new series paving cer- tificates outstanding from time to time, which sums shall be dedicated, used and employed by the city of New Orleans solely to pay the respective issues of the new series paving certificates of the city of New Orleans issued pursuant to section 47 [Section 6222], and it shall be the duty of the official or officials charged with the collection of city real estate taxes in said city to deposit said sums so budgeted and appropriated in the respective special funds not later than June 15th of each year, and it shall be an essential part of the obligation of the contract of said new series paving certificates for the commission council of the city of New Orleans or its successor as the governing body of the city annually to budget and appropriate said sums and to dedicate, use and employ the moneys so budgeted and appropriated solely for the payment of the respective issues of the new series paving certificates, and it shall also be an essential part of the obligation of the contract of said new series paving certificates for the official or officials charged with the collection of city real estate taxes in said city to deposit said sums so budgeted and appropriated in the respective special funds not later than June 15th of each year. In addition to the assessments hereinabove mentioned and to the sum of not less than three per centum (3%) of the face amount of said new series paving certificates outstanding from time to time to be annually appropriated and budgeted from the general revenues of the city, the commission council of the city of New Orleans is hereby authorized annually to budget and appro- priate from the revenues of said city derived from taxation for general municipal purposes and from sources other than the taxes for the payment of the principal and interest of the bonds of said city now outstanding or hereafter to be issued pursuant to Act 4 of the General Assembly of the state of Louisiana, Session of 1916, whenever necessary, a sum sufficient to pay the interest and the principal sum of each issue of said new series paving certificates to the extent that said assessments and said sum of not less than three per centum (3%) of the face value of each issue of new series paving certificates outstanding from time to time so budgeted and appropriated shall be insufficient for the payment of said interest and said principal, which sums shall be dedicated, used and employed by the city of New Orleans solely to pay the interest and the principal sum of the respective issues of the new series paving certificates and it shall be the duty of the official or officials charged with the collection of taxes in the respective special funds not later than June 15th of each year. It shall be an essential part of the obligation of the contract of said new series paving certificates for the commission council of the city of New Orleans or its successor, as the governing body of the city, annually to budget and appro- priate, whenever necessary, said sums, and to dedicate, use and employ the moneys so budgeted and appropriated solely for the payment of the interest and the principal sum of the respective issues of the new series certificates, and it shall also be an essential part of the obligation of the contract of said new series paving certificates for the official or officials charged with the col- lection of city real estate taxes in said city to deposit said sums so budgeted and appropriated in the respective special funds not later than June 15th of each year. 444 Power to Borrow and Taa: tº @ Vol. IV. Statutory Provisions App. l Il 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 : i 10 12 13 14 15 If at any time the amount on deposit in any special fund shall be insufficient to pay the interest and the principal sum of the issue of new series paving certificates payable therefrom, it shall then be the duty of the commission council and the performance of such duty shall constitute an essential part of the obligation of the contract of said new series paving certificates, to borrow the necessary sums to make good any such deficiency, in anticipation of the col- lection of current taxes, in the manner and to the extent that the city may borrow in anticipation of the collection of current taxes as then provided by law. All said sums so borrowed shall be immediately deposited by the com- missioner of public finance or his successor as the chief financial officer of the city of New Orleans, or whoever else may be designated by the commission council for that purpose, in said special fund. Each special fund shall be held inviolate by the city of New Orleans and applied by the commissioner of public finance or his successor as the chief financial officer of said city, or whoever else may be designated by the com- mission council for that purpose, solely to the payment of said interest and said principal sum of the issue of new series paving certificates payable there- from. The commission council shall have power to designate any bank or banks within the state of Louisiana to act as depository or depositories of the special funds hereinabove mentioned. All special funds deposited in any bank or banks shall be amply secured to the full amount thereof, by collateral to be approved by the commission council. The commission council shall also have power to designate any bank or banks within or without the state of Louisiana as the bank or banks at which the principal and interest of said new series paving certificates shall be payable, and may pay such bank or banks a reasonable fee or fees for services in connection with the payment of the principal and interest of such new series paving certificates, provided, however, that said fee or fees shall not be in excess of those customarily charged by banks in the leading financial centers of the United States of America. [Acts 1912, No. 159, Section 48; 1914, No. 23, Section 7; 1916, No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 1926, No. 346, Section 1; 1928, No. 236, Section 1 ; 1936, No. 338, Section 1.] (n) The functions heretofore assigned to the department of paving and other liens may be transferred by the commission council to other units of the office of the commissioner of public finance at its discretion. (o) After the city of New Orleans has placed to the account of its depository an amount sufficient to pay all paving certificates outstanding as of the effective date of this amendment, and interest thereon to date of maturity, as required by law, particularly section 47% of Act No. 159 of 1912, as amended by Act No. 27 of the fourth extra session of 1935 [Section 622.2.1], the commission council may provide by ordinance for the transfer to the general fund of the city of New Orleans of all remaining assets of the paving lien fund and all col- lections from paving liens as they accrue. Such moneys shall thereafter be included as revenue in the regular annual budget of the city of New Orleans. [Acts 1912, No. 159, Section 48; 1914, No. 23, Section 7; 1916, No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 1926, No. 346, Section 1; 1928, No. 236, Section 1; 1936, No. 338, Section 1; 1946, No. 301, Section 1.] 6224. Paving of sidewalks of one block—Procedure.—(a) Whenever the com- missioner of public property shall deem it necessary to pave, repave or repair the whole or any part of any banquette or sidewalk not exceeding one block in length, said commissioner shall serve written notice upon the agents or representatives of the owners of the real properties abutting upon said sidewalks or banquettes to pave, repave or repair such sidewalks or banquettes within twenty (20) days thereafter in accordance with plans and specifications to be furnished by said commissioner. Should the owner of such abutting property have no residence in the city of New Orleans, or if said commissioner be unable to locate the said residence of the said abutting property-owner if residing in the city of New Orleans, or if there can not be found by the said commissioner any agent or representative of said abutting owner, upon whom said notice may be served, then it shall be sufficient for the purpose of giving notice to said owner for the commissioner to cause to be published for six times within the delay of twenty (20) days hereinbefore specified, a notice in 445 Vol. IV App. Ill New Orleans Studies 16 the official journal published in the city of New Orleans briefly describing the 17 extent and character of the work ordered to be done as provided for in this 18 section, and briefly describing the property to be affected thereby, and the 19 authority of the said commissioner therefor, the said notice to appear on 20 every third day after the first publication, and the cost of such advertisement 21 shall be charged against the property to be affected by the work ordered done 22 by the commissioner under the provisions of this section, and shall be included 23 in the bill to be recorded in the mortgage office for the parish of Orleans in 24 default of payment. 25 If during the aforesaid period of delay a property-owner should feel that 26 there is no proper reason or necessity for the commissioner of public property 27 to exercise the power herein granted, he shall have the right to appeal to 28 the commission council for relief and pending the action on such appeal the 29 time for compliance with the said order of the commissioner of public property 30 shall be correspondingly extended. 31 (b) Upon failure of said property-owners to comply with said notice within 32 said delay, the commissioner of public property shall cause such sidewalk or 33 banquette to be paved, repaved, or repaired under contract solicited by him, 34 in writing, under sealed proposals, from at least three reputable contractors, 35 and under such terms and stipulations as may be prescribed by the said com- 36 missioner and without the necessity of public advertisement, and shall award 37 the contract for such work to the lowest bidder; or should the commissioner 38 of public property deem it more expedient, he shall have full power and 39 authority to purchase all materials and employ all labor necessary to the 40 execution of said work. 41 (c) Upon completion of said work, the commissioner of public property shall 42 issue a bill agains, each property-owner for his portion of the cost of said 43 work, which shall be due in cash within ten days after presentation of said 44 bill. Should any bill not be paid within said delay, the amount thereof shall 45 be paid by the commissioner of public finance on the order of the commissioner 46 of public property, out of a fund which the commission council shall have set 47 aside by previous appropriation for that purpose, and the commissioner of 48 public property shall add the amount of said bill, plus interest at such rate, 49 not exceeding six per cent per annum, as the commission council may from 50 time to time fix by general ordinance, to the next tax bill of said delinquent 51 property-owner. The amount so due for principal and interest shall constitute a 52 first privilege superior to vendor's lien and any other privilege or mortgage, 53 and shall [be] due by such property until paid, though the same be trans- 54 ferred or conveyed by sale for taxes or otherwise; and it shall be sufficient 55 evidence of such indebtedness to record a bill therefor in the office of the 56 recorder of mortgages for the parish of Orleans within sixty days from the 57 date of the default of payment. The amount of said bill, and the interest thereon, 58 when collected, shall be returned to the fund from which it was paid. 59 (d) Bills, issued by the commissioner of public property and by the com- 60 missioner of public finance in accordance with the provisions of this section, 61 shall be prima facie evidence that all legal formalities have been complied with 62 and that the work ordered or executed by the commissioner of public property 63 has been properly and satisfactorily done. [Acts 1912, No. 159, Section 49; 1914, 64 No. 23, Section 8; 1916, No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 65 1926, No. 346, Section 1.] 1 6225. Opening, widening, straightening of streets—Hearings—Costs—Assess- 2 ments—Appeal—Paving certificates—Acquisition of property—Refunds.-Par. 1. 3 The commission council, upon petition of interested property-owners, or upon 4 its own motion, may cause to be prepared a project for the opening, widen- 5 ing, realignment, rearrangement and/or straightening of any street or streets, 6 or proposed street or streets. Said project shall set forth in detail the 7 changes contemplated and shall designate the area of property to be benefited 8 by the improvement. A public hearing upon said project shall be accorded by 9 the commission council, notice of which hearing shall be given by publication 10 in the official journal of the city once a week for four weeks; said project to 11 be published in full, as a part of said notice. 446 Power to Borrow and Taac tº º Vol. IV Statutory Provisions App. l II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Par. 2. If on or before said public hearing the owners of a majority of the lands, measured by area, within the benefited area, do not, by petition addressed to the commission council, protest said project, the commission council shall be empowered to order said project. If such a protest be made, then said project shall be ordered only upon a vote of four-fifths of the members of said com- mission council. Par. 3. The commission council may amend said project, at any time prior to its formal adoption, but must thereupon give hearing and notice of said project in its amended form, as is provided in paragraph 1 of this section for an original project, and said amended project shall otherwise be dealt with as an original project. Par. 4. Upon adoption of the project, the commission council shall by con- tract, expropriation, or otherwise, determine the probable cost thereof and shall adopt an estimate of said cost. Par. 5. (a) Upon the adoption of said estimate of cost, the commission council shall cause to be prepared a plan of assessment of benefits. There shall be assessed against the city of New Orleans such proportion of said cost as shall be equitable and just, due regard being had to the special benefit received by private property and the general benefit accruing to the public generally. The balance of said cost shall be chargeable against the property in the benefited area. (b) The share of the cost of the project chargeable against property in the benefited area shall be distributed equitably upon all property within the benefited area, due regard being given to the proportionate benefit received by each por- tion thus assessed. (c) A public hearing upon said plan of assessment shall be accorded by the commission council, notice of which hearing shall be given by publication in the official journal of the city once a week for two weeks, said plan of assess- ment being published in full as a part of said notice; upon which hearing, the commission council may adopt said plan of assessment and order the same to be levied and collected. Said plan of assessment may be amended at any time prior to its formal adoption by giving notice of the proposed amendment and hearing thereon, in the same manner as is provided for in the original plan. (d) Any owner of property in the benefited area, within thirty days from the adoption of said plan of assessments by the commission council, may appeal to the civil district court for the parish of Orleans for a revision of said plan. If no appeal to said court be taken within said thirty-day period, said right of appeal shall be prescribed and said plan of assessment shall be final and binding upon all parties. Said court shall try the issue summarily and by preference over all other matters and by a judge without a jury. If there be more than one appeal for revision, the other case or cases shall be consoli- dated with the first filed. The court shall not disturb the plan of assessment of benefits adopted by the commission council except for gross inequities; but, for such cause, the court shall be empowered to amend and revise said plan and to render judgment making final said plan, as thus amended and revised. If appeal from the judgement of the civil district court be not taken within ten days after signing of judgment, no appeal shall lie and said judg- ment shall be final. If appeal be taken from said judgment, the same shall be heard by preference over all other matters. Par. 6. Promptly upon the plan of assessment of benefits becoming final (through failure of appeal or judgment of court) statements of assessment for the cost of the project due by each piece or portion of property shall be prepared, in the same manner and to the same effect as for paving completed and the procedure outlined in sections 42 to 48 [Sections 6217-6223] of this charter relative to paving shall be followed and shall apply, excepting that the statements of assessment of benefits herein provided shall be recorded in the office of the recorder of mortgages and shall act as a first lien and privilege on each specific real property thereon assessed, in the same manner and to the same effect as is provided in sections 42 to 48 [Sections 6217-6223] of this charter for the statement of assessment for paving completed. Said assessments shall be due and payable in the same manner and to the same 447 l. e X; Y | New Orleans Studies 73 effect as assessments for completed paving in accordance with sections 46 and 48 74 [Sections 6221-6223] of this charter, irrespective of whether work on the project 75 has been begun. 76 Par. 7. Upon the determination of the estimate of the share of the cost of the 77 project to be borne by the benefited property, the commission council shall, 78 by ordinance, authorize the issuance of certificates to such an amount 79 that the net amount received from the sale of same shall be equal to said 80 estimate of the portion due by benefited property. Said certificates shall be 81 issued and sold in the same manner as paving certificates; may be combined 82 with any issue of paving certificates, and shall be of the same character and 83 governed by all the provisions respecting paving certificates contained in this 84 charter, excepting as may be inconsistent with the provisions of this section. 85 Said certificates shall be entitled: “Street Improvement Certificates of the City 86 of New Orleans”; and when issued jointly with paving certificates, shall be 87 entitled: “Paving and Street Improvement Certificates of the City of New 88 Orleans.” 89 Par. 8. As soon as money is available from the proceeds of the sale of 90 certificates, the commission council shall seek to acquire the necessary prop- 91 erty by expropriation or otherwise and shall proceed expeditiously to carry 92 out the project. The commission council shall provide the city's portion of 93 the cost of said project by appropriation of any available funds. 94 Par. 9. The payment and collection of the cost of said project due by 95 benefited property, and the levy and collection of the special assessment 96 herein provided for, shall be governed by and shall be made in the manner, 97 and shall be secured by the lien prescribed by, and the certificates herein 98 provided for shall be of the character and shall be issued in accordance 99 with, the provisions of this charter relative to paving and public improve- 100 ments (to wit, sections 42 to 49 [sections 5919-5926, 6217-6224] inclusive), 101 which provisions shall be applied to, and shall govern, all matters relating 102 to any project of street opening, widening, realignment, rearrangement or 103 straightening undertaken under this section, except in so far as they may be 104 inconsistent with the provisions of this section. 105 Par. 10. Upon completion of the improvement, the commission council 106 shall adopt a statement of the cost thereof. The commission council shall 107 be privileged to include in said cost all expenses actually incurred by the 108 city of New Orleans in the preparation of the project and in carrying through 109 the improvement, whether heretofore incurred or otherwise. Should said cost 110 (less the share due by the city of New Orleans) be less than the estimate 111 (less the share due by the city of New Orleans), the commission council 112 shall order a proportionate refund to the property-owners subject to assess- 113 ments, either by credit on the bills or by direct payment to the property- 114 owners at the discretion of the commission council. Should said cost exceed 115 the estimate, the excess shall be borne by the city of New Orleans. 116 Par. 11. The commission council may provide for the installation of 117 paving, subsurface drainage, banquettes, street lighting standards, tree plant- 118 ing, and, in general, any improvement authorized by law to be done in 119 part or wholly at the expense of benefited property, coincidentally with the 120 improvement contemplated by this section. When such improvements are thus 121 jointly undertaken, certificates may be issued covering the cost of the whole 122 (less the city's portion of said cost) and the liens and privileges securing 123 the several special assessments shall be of equal rank (irrespective of the 124 date of recordation) and shall operate to secure the cost of the whole. 125 Par. 12. All actions to enjoin the carrying through of said project, and 126 all actions based upon any informality in petitions, advertisements and other 127 proceedings leading up to the carrying through of said project, must be 128 instituted in a court of competent jurisdiction within thirty days from the 129 adoption by the commission council of the plan of assessment of benefits 130 aforesaid; otherwise, all such actions shall be prescribed; provided that the 131 foregoing limitations of actions shall not apply to actions instituted by the 132 city of New Orleans. 133 Par. 13. Where expropriation proceedings are begun by the city of New 134 Orleans to acquire property for the purposes contemplated in this section, 448 Power to Borrow and Taac e e Vol. IV Statutory Provisions App. l l I 135 136 137 138 139 140 the city shall be entitled to immediate possession of such property upon paying into the registry of the court a sum equal to the estimated value of the property and damage due, such sum to be determined by the judge before whom the case is pending. [Acts 1912, No. 159, Section 50; 1914, No. 23, Section 9; 1916, No. 69, Section 1; 1921 (E. S.), No. 105, Section 1; 1926, No. 346, Section 1; 1930, No. 65, Section 1.] ACT NO. 4 OF 1916 A JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana providing for: The funding of certain debts of the City of New Orleans and of the Board of Directors of the Public Schools, Parish of Orleans, respectively; the issuance of serial bonds by said city, the purpose for and the manner in which same may be issued and the duties and functions of the Board of Liquidation, City Debt, with reference thereto; and the levying by the City of New Orleans and the Board of School Directors, Parish of Orleans, respec- tively, of certain taxes for general municipal and school purposes; and providing for the submission of said amendment to the electors of the State for their approval or rejection. Be it enacted by the General Assembly of the State of Louisiana, two-thirds of all the members elected to each house concurring, that subject to the ratifi- cation and approval of the electors of the State, the Constitution of the State be amended by incorporating therein the following provisions, to wit: Section 1. The City of New Orleans, by a vote of three-fourths of all the members of the Board of Liquidation, City Debt, approved by resolution of the Commission Council, or its successor as the governing body of said municipality, adopted by a vote of two-thirds of all the members of said council or governing body, shall have power and is hereby authorized to issue Nine Million Dollars ($9,000,000) of bonds, to be styled “City of New Orleans Serial Gold Bonds,” and to bear such rate of interest as the Board of Liquidation, City Debt, may fix from time to time as each installment of said bonds is offered for sale as hereinafter provided. Section 2. Three Million Dollars ($3,000,000), in par value, of the bonds authorized by Section 1 of this amendment shall forthwith be sold. The proceeds of said three million dollars of bonds shall be applied exclusively to the following purposes and in the following order: (a) The payment of the outstanding and unpaid “School Teachers' Salary Bonds of the City of New Orleans,” issued under Act No. 2 of the General Assembly of the State of Louisiana for the year 1906, which bonds shall be called for payment and paid as soon as practicable. (b) The payment of the principal of the floating indebtedness of the Board of Directors of the Public Schools, Parish of Orleans, evidenced by note or notes outstanding at the time of the adoption of this amendment to an amount not exceeding Six Hundred and Fifty Thousand Dollars ($650,000); provided that, in the event that said indebtedness or any part thereof shall have been paid by said Board out of its current revenues previous to the adoption of this amendment, the amount thus paid (not to exceed $650,000, however), shall be paid over in cash to said Board to be used by it for school purposes, as pro- vided by law; (c) The payment of the sum of Five Hundred Thousand Dollars ($500,000), with interest thereon, borrowed by the City of New Orleans for storm emergency purposes in the year 1915; (d) The payment of the overdraft or other indebtedness due by the City of New Orleans to its fiscal agents or other banks representing loans or advances made by them to said city, other than those referred to in paragraph (c) of this section, to an amount not exceeding in principal and interest the sum of One Million Three Hundred and Fifty Thousand Dollars ($1,350,000); and 449 Vol. IV App. Ill New Orleans Studies 26 (e) The balance of said proceeds shall be used and employed by the Board of 27 Liquidation, City Debt, for the payment of Public Improvement Certificates. 28 of the City of New Orleans, as set forth in Section 3 of this amendment. 1 Section 3. The remainder of the bonds authorized by Section 1 of this 2 amendment, or so much thereof as may be necessary, shall be sold, from time to 3 time, in such amounts as the Board of Liquidation, City Debt, may determine, 4 and the proceeds of the sale thereof shall be applied by said Board to the pay- 5 ment of Public Improvement Certificates authorized by Act No. 56 of the General 6 Assembly of the State of Louisiana for the year 1908, and acts amendatory 7 thereof, and presently outstanding or issued at any time in payment of any 8 contract made before this amendment takes effect, at their respective maturities 9 or when said maturities can be anticipated upon terms satisfactory to said Board. 10 Said Act No. 56 of 1908 and all amendments thereof, as well as all statutes 11 upon the same subject, and so much of Acts No. 128 and No. 270 of the General 12 Assembly of the State of Louisiana for the year 1910, and other statutes on the 13 same subject matter, as may affect, apply or pertain to the City of New Orleans, 14 be and the same are hereby repealed; nevertheless, Public Improvement Certifi- 15 cates may be issued in the manner provided by said Act No. 56 of 1908, and 16 amendments thereof, in payment of any contract made before this amendment 17 takes effect. 1 Section 4. The City of New Orleans may also issue and negotiate its bonds 2 when authorized by a vote of a majority in number and amount of the property 3 taxpayers, who shall have been assessed for property in said city as shown by 4 the last assessment made prior to the submission of the proposition to the said 5 property taxpayers and who are otherwise qualified to vote under the Consti- 6 tution and laws of this State, voting at an election called by ordinance adopted 7 by a vote of two-thirds of all the members of the Commission Council, or its 8 successor as the governing body of said City of New Orleans, and which 9 ordinance before any such election is ordered shall be also adopted by a vote of 10 three-fourths of all the members of the Board of Liquidation, City Debt. Due 11 notice of said election shall be published for thirty days in the official journal 12 of said city (four weekly insertions of said notice constituting a publication for 13 thirty days, provided thirty days intervene between the date of the first inser- 14 tion and the date of said election). 15 No bonds shall be issued under this section for any other purpose or for any 16 greater amount than that stated in the submission of the proposition to said 17 taxpayers. i Section 5. In case of fire, flood, pestilence, storm or other public calamity, the City of New Orleans shall have power by a two-thirds vote of all the members of the Commission Council, or its successor as the governing body of said city, concurred in by a three-fourths vote of all the members of the Board of Liquidation, City Debt, to borrow money and issue and negotiate bonds in such sum, not exceeding Five Hundred Thousand Dollars ($500,000), as shall be necessary in any one such emergency. Section 6. For the purpose of refunding all or any part of the bonded indebtedness of the City of New Orleans existing at the time of the adoption of this amendment, bonds may from time to time be issued and negotiated. When any of the issues of the bonds of said city outstanding at the time of the adoption of this amendment shall become callable according to their terms or the statutes under which they are respectively issued, or when the consent of all the holders of any such issue of bonds can be secured, the Board of Liquidation, City Debt, shall have the right in its discretion to call and pay any one or more of said issues of bonds, and shall be authorized by resolution duly adopted to issue and negotiate bonds to provide the funds necessary for that purpose; provided, however, that in no event shall the par value of the bonds so sold and negotiated exceed the par value of the bonded indebtedness thereby to be refunded. Section 7. The full faith and credit of the City of New Orleans are pledged for the payment of the principal and interest of all bonds issued under this amendment. 450 Power to Borrow and Taa: * * * Vol. IV Statutory Provisions App. l Il The principal and interest of all bonds authorized by and to be issued under this amendment shall be paid primarily out of (1) that one-half of the surplus of the one per cent debt tax which heretofore has been dedicated for the support and maintenance of the public schools of said city, as levied under and author- ized by Act No. 110 of the General Assembly of the State of Louisiana for the year 1890, and subsequently made part of the Constitution of this State, and (2) after January 1, 1928, that portion of the one per cent debt tax, authorized and levied under Act No. 110 aforesaid, and the two-mill tax authorized by and levied under Act No. 6 of the General Assembly of the State of Louisiana for the year 1899 which shall have been released and freed from dedication either by the calling and refunding or the payment in due course of all or any part of the bonds existing at the time of the adoption of this amendment; provided that, if the funds derived from the sources aforesaid shall be insufficient in any one year to pay the principal and interest of the bonds issued under this amend- ment and then outstanding and unpaid, or if for any cause there shall not be funds appropriated to or available for such purpose, the City of New Orleans shall levy a tax upon all taxable property in said city sufficient to provide for any such deficiency; and provided further, that, when the aforesaid one per cent debt tax and two-mill water and sewer tax shall cease to be levied, the City of New Orleans shall levy a tax upon all taxable property in said city sufficient to pay the principal and interest of said bonds as they respectively become due. Section 8. It is hereby intended that all existing dedications and appropria- tions of said one per cent debt tax authorized by said Act No. 110 of 1890 (except with respect to the said one-half of the surplus of the one per cent debt tax therein dedicated to public schools), and of said two-mill water and sewer tax, authorized by said Act No. 6 of 1899, shall be respected and performed according to the priorities of said statutes established; that all of that portion of the funds resulting from the levy of said taxes which shall be released from said appropria- tions and dedications by the payment, satisfaction or refunding of any of the bonded debt obligations now charged thereon and there-against shall, together with the one-half of the surplus of the one per cent debt tax heretofore dedi- cated to public school purposes, be used and applied to the payment of the principal and interest of all bonds issued under this amendment; that any residue thereof remaining after the payment of the principal and interest in any one year of bonds authorized by this amendment shall be turned over to the City of New Orleans to be used by it for general municipal purposes; but when, and to the extent that, the obligations now charged on said taxes shall be paid, satisfied or refunded, said taxes shall be released from said obligations, and, ultimately, when entirely released and discharged, shall cease to be levied; and, that, thereafter, any and all bonds issued under this amendment shall be provided for by a tax upon all taxable property in the City of New Orleans sufficient to pay the principal and interest of said bonds as they respectively become due; provided, however, that, in the event the funds hereinabove spe- cially dedicated for the payment of the principal and interest of the bonds issued under this amendment should prove insufficient, the City of New Orleans shall, and it is hereby required to, levy in every such instance a tax upon all taxable property in the City of New Orleans necessary to pay the principal and interest of said bonds. Section 9. The principal and interest of all bonds authorized by this amend- ment shall be payable in gold coin of the United States of America, or its equivalent, of the standard of weight and fineness at the time of the issuance of each installment of said bonds. Said bonds shall be exempt from all taxation for State, parish, municipal or other local purposes. Savings banks, tutors of minors, curators of interdicts, trustees and other fiduciaries may invest the funds in their hands in said bonds. Said bonds may be used for deposit with any officer, board, municipality or other political subdivision of the State of Louisiana in any case where by present or future laws deposit or security is required. Said bonds may be registered and released from registry under such rules as the Board of Liquidation, City Debt, may prescribe. 451 Vol. IV e X. || || New Orleans Studies 1 i : Section 10. All bonds issued under this amendment shall bear such rate of interest or, from time to time, different rates of interest, and shall, except as herein otherwise specially provided, be in such form, terms and denominations, and payable at such times and places, within a period of not exceeding fifty years from the date thereof, as the Board of Liquidation, City Debt, shall determine. Said bonds shall be issued in serial form and shall be payable in annual install- ments, commencing not more than two years from their respective dates, and the installment payable in each year shall be so fixed that, when the annual interest is added thereto, the several annual total amounts of principal and interest to be paid shall be as nearly equal as practicable; provided, said install- ments may be fixed at five thousand dollars or the nearest multiple thereof. Said bonds shall be signed by the Mayor and the Commissioner of Public Finance of the City of New Orleans, or officers exercising similar functions, and countersigned by the President or Vice-President and the Secretary or Assistant Secretary of the Board of Liquidation, City Debt, and the coupons attached to said bonds shall bear the facsimile signatures of said Commissioner of Public Finance and said Secretary or Assistant Secretary. In case any such officer whose signature or counter-signature appears upon such a bond or coupon shall cease to be such officer before delivery of said bonds or coupon to the purchaser, such signature or counter-signature shall nevertheless be valid for all purposes. The cost and expense of preparing and selling said bonds shall be paid for by the Board of Liquidation, City Debt. Section 11. All bonds issued under this amendment shall be sold by the Board of Liquidation, City Debt, to the highest bidder or bidders by sealed proposals after due advertisement of not less than five insertions in the official journal of the City of New Orleans (the first insertion to be at least fifteen days prior to the date of sale), and such other advertisements, in said city or elsewhere, as said Board of Liquidation may in its discretion direct; provided, said Board of Liquidation may reject any and all bids. Section 12. Except as otherwise provided in this amendment, the City of New Orleans shall not borrow money, issue bonds, notes or other evidences of indebtedness or pledge its credit or anticipate the collection of any of its taxes. No money shall be drawn from the treasury of said city without specific appropriation therefor previously made, nor shall said city make any contract or incur any debt or obligation for any purpose whatsoever unless sufficient funds, not otherwise appropriated, to pay and discharge same are actually in the treasury of said city at the time of making the contract or incurring the debt or obligation and are specifically set aside and dedicated to said purpose, unless herein otherwise provided. The foregoing limitation and restriction shall not apply or be held to apply to contracts or obligation incurred with respect to the furnishing to said city of light, heat or power, water, telephone service or garbage removal or destruction. The said city may in any calendar year in anticipation of the collection of the taxes of such calendar year, and for the purposes for which such taxes are levied, borrow such sums as shall not be in excess of the amount of its uncollected taxes of such year, and may issue its notes or other evidences of indebtedness therefor, and such sum, notes or other evidences of indebtedness shall be payable only out of the taxes of the calendar year in which said loan or loans are first made, and for which indebtedness said revenues shall be pledged, and said indebtedness shall not be payable out of any other funds or moneys whatsoever. No money shall be borrowed by the said city except for current municipal purposes, and in no event shall any money be borrowed by said city to make or to pay for works of public improvement. Said city may issue for street paving purposes certificates on its faith and credit pursuant to legislative authority, to an amount not in excess of any special assessments which have been or shall be made for such purposes. Such paving certificates hereafter issued shall be chargeable primarily against the special assessments in respect of which they are issued, and secondarily against the revenues of the City of New Or- leans derived from taxation for general municipal purposes and from sources other than the taxes for the payment of the principal and interest of the bonds now outstanding or hereafter to be issued under this amendment, which revenues shall be applied in payment of such paving certificates only in the event and to the extent that such special assessments shall be insufficient for such pay- 452 Power to Borrow and Taac • * Vol. IV Statutory Provisions App. l l I ment, and reimbursement shall be made to the general funds of the City of New Orleans when the assessments are collected to the extent of the amount that the said general funds shall have contributed to the payment aforesaid. So much of Act No. 23 of the General Assembly of the State of Louisiana for the year 1914 as may be inconsistent herewith is hereby repealed, and hereafter no pav- ing certificates shall be issued upon the pledge of the reserve fund of the City of New Orleans, but such certificates shall be secured as herein and as otherwise provided for by said act or subsequent legislative authority not in conflict herewith ; provided, however, that paving certificates, for which the faith and credit of the City of New Orleans shall be pledged, whether issued under the aforesaid Act No. 23 of 1914, or under subsequent legislation, shall not at any one time be outstanding in an amount in excess of Five Million Dollars ($5,000,000) in face value. Section 13. The total issue of bonds by the City of New Orleans for all pur- poses shall never exceed ten per centum of the assessed valuation of the property in said city; provided, however, that neither the bonds issued for water, sewerage, and drainage purposes (namely, the $12,000,000 Public Improvement Bonds issued under said Act No. 6 of 1899 and the $8,000,000 New Public Improvement Bonds issued under Act No. 19 of the General Assembly of the State of Louisiana for the year 1906, and acts amendatory thereof and supplemental thereto, as well as such bonds, hereby or hereafter authorized, into which the aforesaid bonds or any part thereof may be refunded), nor the $2,000,000 Public Belt Railroad Bonds authorized by Act No. 179 of the General Assembly of the State of Louisiana for the year 1908, nor any bonds hereafter authorized for Public Belt Railroad purposes, nor any bonds which may hereafter be issued for water supply or for the acquisition or construction of any revenue producing public utility, nor any paving certificates primarily chargeable against special assess- ments for street paving, shall be included in computing the indebtedness of said City of New Orleans under this limitation; and providing further, that emergency bonds may be issued as authorized in Section 5 of this amendment even though said limitation shall have been reached; provided that the Nine Million Dollars of bonds authorized by Section 1 of this amendment shall not be subject to the limitation herein fixed at the time or times that same shall be issued; but, with respect to any other bonds that may be issued hereafter under this amendment there shall be included in the computation said Nine Million Dollars of bonds, notwithstanding the fact that all of said Nine Million Dollars of bonds shall not have been actually issued, and such amount of emergency bonds as may be then outstanding. Section 14. The Board of Liquidation, City IXebt, as now organized and created and with the powers, duties and functions prescribed by existing laws and by this amendment, shall be continued while any bonds authorized by this amendment are outstanding and unpaid; and all taxes which may be levied for the payment of said bonds shall, day by day as collected, be paid over to said Board, and shall by it be applied in payment of the principal and interest of said bonds; and said board shall with respect to all bonds authorized by this amendment be entitled to exercise all the rights and enforce the per- formance of all the obligations, the same as it is authorized to do under laws existing at the time of the adoption of this amendment with respect to any of the presently outstanding bonds of said City of New Orleans. All funds, property and things of value held by the Board of Liquidation, City Debt, for bonded debt purposes other than taxes now or hereafter levied, and particu- larly all funds, property and things of value now or hereafter held by said Board under Act No. 133 of the General Assembly of the State of Louisiana for the year 1880 and all amendments thereto, shall when released from con- tract obligations or dedications imposed by laws existing at the time of the adoption of this amendment be used and employed in the discretion of said Board in payment and retirement of any bonds of the City of New Orleans then outstanding. Section 15. For general municipal purposes, exclusive of the support and maintenance of the public schools and the payment of the bonded debt of the City of New Orleans, said city may in each year levy upon all taxable property within said city a tax not exceeding six and one-half mills on the dollar of 453 App. Vol. IV Ill New Orleans Studies 5 the assessed valuation thereof; provided, however, that when the one per cent 6 debt tax authorized by said Act No. 110 of 1890 and the two mill water and 7 sewer tax authorized by said Act No. 6 of 1899 shall both have ceased to be 8 levied, and if thereafter the taxes levied by the City of New Orleans in any 9 one year for bonded debt purposes be less than ten mills, said city may in 10 such events levy for its general purposes such additional tax which, when 11 added to the tax of six and one-half mills hereby authorized and the taxes 12 levied for the payment of the principal and interest of its bonds as they 13 severally mature, shall not exceed in the aggregate sixteen and one-half mills. 1 Section 16. The reservation of twenty per cent of the revenues of the City 2 of New Orleans shall not hereafter be made as directed by Section 40 of the 3 Act No. 159 of the General Assembly of the State of Louisiana for the year 1912, 4 except insofar as the fund so directed to be reserved shall have been appropri- 5 ated or dedicated before this amendment takes effect to the payment of any 6 obligation of the City of New Orleans, and said reserve fund each year, when 7 released from obligations charged against it by law and because of contracts, 8 existing at the time of the adoption of this amendment, shall be used for 9 general municipal purposes. 1 Section 17. For the support, maintenance, construction and repair of the 2 public schools in the City of New Orleans, the Board of Directors of the Public 3 Schools, Parish of Orleans, or its legal successor, shall levy annually such tax, 4 not exceeding three and one-half mills, as said Board shall deem necessary, 5 which levy shall be certified by said Board to the Commission Council or other 6 future governing body of the City of New Orleans, which shall cause the tax 7 to be entered upon the tax rolls of said city according to law against all tax- 8 able property in said city as assessed and valued for city taxation purposes; 9 and said tax shall be collected by said city and paid over to said Board of 10 Directors of the Public Schools, Parish of Orleans, day by day as collected. 11 Said tax shall be in lieu of all taxes, appropriations and funds now authorized 12 or directed to be levied or contributed by the City of New Orleans for public 13 school purposes, either by said Act No. 110 of 1890 or other provisions of the 14 Constitution of this State. All constitutional provisions to the contrary, as 15 well as Act No. 262 of the General Assembly of the State of Louisiana for the 16 year 1914, ratified as an amendment to the Constitution of this State, are hereby 17 abrogated and repealed; and the City of New Orleans shall have no power or 18 authority to use or employ any of its taxes or funds for the establishment, sup- 19 port or maintenance of the public schools, directly or indirectly, except as herein 20 authorized; provided, however, that the City of New Orleans shall administer, 21 use and employ all the funds, property or things of value now or hereafter held 22 by it under any special legacy, bequest or donation made or to be made directly 23 to it for school purposes, and shall carry out and execute the conditions of all 24 such special legacies, bequests or donations that have been heretofore made to 25 and accepted by said City of New Orleans and all such as may hereafter be made 26 to and accepted by said city. 1 Section 18. For the purpose of giving additional support to the public schools, 2 the Board of Directors, of the Public Schools, Parish of Orleans, or its legal 3 successor, may levy upon all taxable property in the City of New Orleans a 4 special tax not exceeding two mills on the dollar of the assessed valuation of said 5 property (which special tax shall be in excess of the tax authorized by Section 6 17 of this amendment), whenever (1) in the manner prescribed by Act No. 256 7 of the General Assembly of the State of Louisiana for the year 1910, and amend- 8 ments thereof, or in such other manner as shall be prescribed by law, the rate 9 of such special tax, the number of years it is to be levied and the purpose for 10 which the tax is intended shall have been by said Board submitted at an election 11 to a vote of the property taxpayers of the City of New Orleans entitled to vote 12 under the laws of this State, who shall have been assessed for property in said 13 city as shown by the last assessment made prior to the submission of the proposi- 14 tion to the said property taxpayers, and (2) a majority of the same in number 15 and amount voting at said election shall have voted therefor. The levy by said 16 Board of any tax so authorized shall be certified, assessed, collected and paid in 17 the manner prescribed by Section 17 of this amendment. 454 Power to Borrow and Taac tº e Vol. IV Statutory Provisions App. l Il i 1 Section 19. The Board of Directors of the Public Schools, Parish of Orleans, or its legal successor, shall not capitalize the whole or any part of the taxes which by this amendment it is authorized to levy, nor fund the same into bonds, nor borrow money in anticipation of the collection thereof; provided that said Board may, in any calendar year, in anticipation of the collection of the taxes of such calendar year and for the purpose for which such taxes are levied, borrow such sums as shall not be in excess of the amount of its uncollected taxes of such year, and may issue its notes or other evidences of indebtedness therefor, and such sums, notes, or other evidences of indebtedness shall be payable only out of the taxes of the calendar year in which said loan or loans are first made and for which indebtedness said revenues shall be pledged, and said indebtedness shall not be payable out of any other funds or moneys whatsoever; provided, however, no moneys shall be borrowed by said Board for any other purposes than current purposes, and in no event shall any money be borrowed by said Board to make or to pay for permanent improvements; and provided further, that said Board shall not make any contract or incur any debt or obligation unless sufficient funds, not otherwise appropriated, to pay and discharge the same are actually in the treasury of said Board at the time of making said contract or incurring said debt or obligation and are specially set aside and dedicated to said purpose, except as may be hereinabove specially provided. Said Board shall annually and prior to the beginning of the scholastic year prepare a budget of its receipts and expenditures and said budget, before it becomes effective, must be approved by the Commission Council of the City of New Orleans, or its successor as the governing body of said City, and all appro- priations by or expenditures of said Board not included in the said budget shall likewise before becoming effective be approved by said Commission Council or its said successor; Provided that nothing herein shall be taken or construed as authorizing the Commission Council or its successor to change, alter, substitute or eliminate any of the items of the budget thus submitted; the true intent and meaning hereof being that the said council or its successor shall have no authority what- soever in or over said budget except to the extent of ascertaining whether the proposed expenditures as exhibited by said budget are within the probable and estimated revenues of said Board of Directors of the Public Schools, Parish of Orleans. Section 20. The inhibition herein established against the City of New Or- leans and the Board of Directors of the Public Schools, Parish of Orleans, or either of them, borrowing money, anticipating their revenues, capitalizing their funds or issuing notes or other evidences of debt, shall apply to all boards, commissions or bodies created by or under the authority of the Commission Council of the City of New Orleans, or its successor as the governing body of said city. Section 21. The provisions hereof are self-operative, and the City of New Orleans and the several boards and bodies herein referred to shall carry the same into effect. Be it further enacted, etc., that the amendment proposed by this act shall be submitted to the electors of the State for their approval or rejection at the Congressional election to be held on the first Tuesday after the first Monday in the month of November, 1916; that there shall be printed on the official ballots to be used at said election the words: “For the proposed amendment to the Constitution of the State of Louisiana providing for the funding of certain debts of the City of New Orleans and the Board of Directors of the Public Schools, Parish of Orleans,” and the words: “Against the proposed amendment to the Constitution of the State of Louisi- ana providing for the funding of certain debts of the City of New Orleans and of the Board of Directors of the Public Schools, Parish of Orleans;” and that each elector shall indicate on the ballot cast by him, as provided by the general election laws of the State, whether he votes for or against the proposed amendment. 455 X; º New Orleans Studies i ACT No. 51 OF 1920 (AMENDS ACT No. 4 OF 1916) JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana requiring the police jury of each parish of the State and the Orleans Parish School Board, respectively, to levy and collect annually a tax for school purposes therein; regulating school districts in certain respects; limiting the rate of special taxation for school maintenance; empowering the Orleans Parish School Board to issue notes, bonds, or other evidences of debt for the purpose of purchasing grounds, constructing, or repairing buildings for school purposes in the City of New Orleans, and for the payment of principal and interest thereof to levy and dedicate for a period of years portions of the authorized tax; and repealing the amendment to the Constitution pro- posed by Act 218 of 1918 of the General Assembly of the State of Louisiana and adopted. Section 1. Be it Resolved by the General Assembly of the State of Loui- siana, two-thirds of all the members elected to each House concurring, That the following amendment to the Constitution of the State of Louisiana be and the same is hereby proposed and submitted to the qualified electors of the State of Louisiana for adoption or rejection, to-wit: Amendment. 1. (a) Irrespectively of the limitations of parochial and municipal taxation under existing constitutional provisions and in addition to the tax for school purposes provided for by the amendment proposed by Act 191 of 1918 of the General Assembly of the State of Louisiana, the police jury of each parish (Parish of Orleans excepted) is hereby required and directed to levy and col- lect for the year 1921 and each calendar year thereafter for school purposes therein, a tax of one and one-half mills on the dollar of assessed valuation of all property within said parish and pay, as collected, the proceeds thereof to the school board of the parish, unless the school board of the parish certify that a smaller tax will meet the needs of the schools, in which event the police jury shall levy and collect the tax recommended by the school board. (b) The provisions hereof shall apply, without distinction, to property within each municipality in a parish except a municipality exempt under existing laws from parochial taxation, which is, under legislative authority, actually conducting, maintaining, and supporting public schools of its own, open and free to the youth of the parish in which the municipality is situated and which is levying and collecting and expending annually for the conduct, maintenance, and support of its schools the proceeds of an annual tax of at least one and one-half mills on the assessed valuation on all property within such municipality. 2. There shall be no school district embracing the whole or any part of territory lying in another school district, nor shall there be a school sub- district except that a parish as a whole may be created a school district where- in there exist smaller school districts or parts of smaller school districts or smaller school districts may be created embracing parts of a parish constituting a school district. 3. (a) For school purposes in the City of New Orleans, and in lieu of the tax provided for by Section 17 of the amendment to the Constitution proposed by Act 4 of 1916 of the General Assembly of the State of Louisiana, the Orleans Parish School Board, or its successor in law, shall levy annually a tax not to exceed seven mills on the dollar of valuation of all property within the City of New Orleans as assessed for the purposes of City taxation, which action shall be certified by said Board to the Commission Council of the City of New Orleans, or other future governing body of said City, the Commission Council or other future governing body of said City being hereby required to cause the tax levied by said Board to be entered according to law on the tax rolls of said City and collected in the manner and under the conditions and with the interest and penalties prescribed by law in case of City taxes, and the money thus collected to be paid to said Board daily at it is received. 456 Power to Borrow and Taac gº º Vol. IV Statutory Provisions App. l II 1 (b) The Orleans Parish School Board may incur indebtedness and issue negoti- able promissory notes, bonds, or other evidences of debt, the principal and interest thereof payable as said Board may determine, for the purpose of pur- chasing grounds, constructing buildings, or repairing buildings for public school uses, and where such indebtedness is incurred or such notes, bonds, or other evidences of debt are issued, there shall be levied and collected for the years during which any of said obligations may be outstanding a tax, included within the limitation of seven mills, sufficient each year to pay the principal and interest thereof; provided that the aggregate amount of the taxes for such pur- poses shall not exceed one mill on the dollar in any one year, and provided further that the indebtedness, notes, bonds, or other evidences of debt shall not bear a greater rate of interest than five per cent. per annum or run for a longer period than forty years. (c) The notes, bonds, or other evidences of debt herein authorized shall be exempt from State, parish, and municipal or other local taxation and a legal investment for tutors of minors, curators of interdicts, or others acting in a fiduciary capacity, and also they shall be received as security for all public deposits of the State of Louisiana or of any of its sub-divisions or boards. (d) The provisions thereof shall constitute a contract between the holders of the notes, bonds, or other evidences of debt issued hereunder and the Orleans Parish School Board. 4. Nothing in this amendment shall be construed as affecting in any way any provision of the Constitution in relation to special taxes; provided that no special tax to pay operating expenses of public schools, authorized by Article 232 of the Constitution, shall exceed eight mills on the dollar of assessed valuation. 5. The amendment of the Constitution proposed by Act 218 of 1918 of the General Assembly of the State of Louisiana is hereby superseded and repealed; provided the taxes already levied thereunder and the authority and power under existing laws to collect the same shall not be affected in any way by such repeal. Section 2. Be it further resolved, etc., That this proposed amendment shall be submitted to the duly qualified electors of the State, in accordance with law, to be voted upon at the General Congressional Election to be held on Novem- ber 2, 1920, the official ballots to have printed thereon the words: “For the proposed amendment requiring police juries and the Orleans Parish School Board to levy annually a tax for school purposes”, and the words: “Against the pro- posed amendment requiring police juries and the Orleans Parish School Board to levy annually a tax for School purposes”, so that each elector may indicate, as provided by the general election laws of the State, whether he votes for or against the proposed amendment. ACT 34 || OF 1936 A JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana, by amending and re-enacting the provisions of Act No. 180 of 1924, adopted as an amendment to the Constitution of the State of Louisiana, (Dart's Section 24.1 of Article XIV) providing for the creation of a Special Paving and Permanent Public Improvement Fund for the City of New Orleans and dedicating said Fund to the payment of the City's proportion of the cost of paving, repaving, surfacing and resurfacing of streets, as such terms now are or may hereafter be defined in the Charter of the City of New Orleans, and for the maintenance and repair of streets and for permanent public improvements, providing the taxes from which said Fund shall be derived, and authorizing the City of New Orleans to fund said taxes into bonds, notes, certificates or other evidences of debt, and providing for the submission of said amendment to the electors of the State for their approval or rejection. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of all members elected to each House concurring, that there shall be submitted to 457 Vol. IV e X. || || New Orleans Studies the electors of the State of Louisiana, for their approval or rejection, in the manner provided for by law, a proposition to amend the present Section 24.1 (Dart's Numbers) of Article XIV of the Constitution of Louisiana, the same being Act 180 of 1924, adopted as an amendment to the Constitution of Louisiana on November 4, 1924, so that the same may be made to read as follows, to-wit: There is hereby created a Special Paving and Permanent Public Improve- ment Fund for the City of New Orleans. Said Fund shall be dedicated to the payment of the City's proportion of the cost of paving, repaving, surfacing and resurfacing of streets, as such terms now are or may hereafter be defined in the Charter of the City of New Orleans, and to the maintenance and repair of streets, and to permanent public improvements and to the payment of not exceeding One Million Dollars ($1,000,000.00) of indebtedness of the City of New Orleans existing on the 31st day of December 1935, as hereinafter provided, and said Fund shall be used in each year for such purposes and in such pro- portions as the Commission Council, or its successor as the governing body of the City of New Orleans, may determine; provided, however, that nothing herein contained shall limit or restrict the right of said Commission Council, or its successor as the governing body of said City, to make such other and further appropriations for the cost of paving, repaving, surfacing and resurfacing of streets, and for the maintenance and repair of streets, and for permanent public improvements as in its judgment may be proper. Said funds shall be derived from the following sources: (a) On gasoline, benzine, naphtha and other motor fuels, as defined by the laws of this State levying State taxes upon such commodities, when sold, used, consumed or purchased for consumption in the City of New Orleans, there shall be levied by the Commission Council of the City of New Orleans, or its successor as the governing body of said City, a tax of two (2) cents per gallon, to be collected in the same manner as provided in Act No. 15 of the Acts of the Extra Session of the Legislature of 1928, or in such manner as may hereafter be prescribed by the Legislature. (b) On all kerosene the Commission Council of the City of New Orleans or its successor as the governing body of said City, may levy a tax in such amount as it may prescribe to be collected as provided in paragraph (a) hereinabove. (c) On all other explosives used in the generation of motive power, the Commission Council of the City of New Orleans, or its successor as the gov- erning body of said City, may levy a tax in such amount as it may prescribe to be collected as provided in paragraph (a) hereinabove. For the purpose of obtaining ready funds for the payment of the City's proportion of the cost of paving, repaving, surfacing and resurfacing of streets, as such terms are now or may hereafter be defined in the Charter of the City of New Orleans, and for the maintenance and repair of streets, and for per- manent public improvements, and for the payment of not exceeding One Million Dollars ($1,000,000.00) of indebtedness of the City of New Orleans existing on the 31st day of December, 1935, as hereinafter provided, the Board of Liquidation, City Debt, when requested from time to time by the Commission Council of the City of New Orleans, or its successor as the governing body of said City, shall fund into bonds, notes, certificates or other evidences of debt, any part or all of the taxes herein authorized to be levied and collected. Said bonds, notes, certificates or other evidences of debt, shall be negotiable, direct and general obligations of the City of New Orleans, for which the full faith and credit of said City shall be pledged. They shall bear interest not exceeding six per centum (6%) per annum, payable semi-annually, and shall mature at such time or times beginning four years from their date and ending not more than twenty-five years from their date, as the Board of Liquidation, City Debt, may prescribe. They may, in the discretion of the Board of Liquida- tion, City Debt, be registerable as to principal only or as to both principal and interest and dischargeable from such registration. They shall be in such form and in such denomination or denominations and shall be payable at such bank or banks within or without the State of Louisiana as the Board of Liquidation, City Debt, may determine. They shall be signed by the autograph signature of at least one official of said Board of Liquidation, City Debt, or his Deputy, 458 Power to Borrow and Taac e - Vol. IV Statutory Provisions App. l l I and by the facsimile signatures of such officials of said Board of Liquidation, City Debt, and of the City of New Orleans as may be prescribed by the Board of Liquidation, City Debt, and the coupons attached thereto shall be signed by the facsimile signatures of the officials whose facsimile signatures may be directed by said Board of Liquidation, City Debt, to appear on the face thereof. The principal amount thereof outstanding and unpaid at any one time shall not exceed Twenty Million Dollars ($20,000,000.00). Said bonds, notes, certificates or other evidences of debt may be delivered to the purchaser and shall be valid and legally binding obligations of the City of New Orleans, notwithstanding the fact that any or all of the officials whose facsimile or autograph signatures appear thereon or on the coupons attached thereto are no longer in office on the date of delivery thereof and payment therefor. Said bonds, notes, certificates or other evidences of debt shall be ex- empt from all taxation for state, parish, municipal or other local purposes. Savings banks, tutors of minors, curators of interdicts, trustees and other fiduciaries may invest the funds in their hands in said bonds, notes, certificates or other evidences of debt, and they may be used for deposit with any officer, board, municipality or other political subdivision of the State of Louisiana in any case where, by present or future laws, deposit of security is required. All of said bonds, notes, certificates or other evidences of debt shall rank pari passu with all other bonds, notes, certificates or other evidences of debt issued hereunder and the tax or taxes authorized hereby and funded into said bonds, notes certificates or other evidences of debt shall be irrepealable while any of said bonds, notes, certificates or other evidences of debt are outstanding and unpaid. All of said taxes shall be collected as may be prescribed by the Commission Council of the City of New Orleans, or its successor as the governing body of said City. In the event that any of said taxes are insufficient to pay principal and interest of said bonds, notes, cer- tificates or other evidences of debt at any time it shall then be the duty of the Commission Council of the City of New Orleans, or its successor as the governing body of said City to levy an ad valorem tax on all of the taxable property in said City, without limitation as to rate or amount, sufficient to pay the principal and interest of said bonds, notes, certificates or other evidences of debt. If the Commission Council of the City of New Orleans, or its successor as the governing body of said City, fails or refuses to levy said ad valorem tax when needed it shall be the duty of the Board of Liquidation, City Debt, to levy and collect said tax. The Board of Liquidation, City Debt, as now organized and created, and with powers, duties, and functions prescribed by existing laws and by this amendment, shall be continued while any of said bonds, notes, certificates or other evidences of debt authorized by this amendment are outstanding and unpaid, and all taxes which may be levied for the payment of said bonds, notes, certificates or other evidences of debt, shall, day by day, as collected, be paid over to said Board, and shall by it be applied in payment of the principal and interest of said bonds, notes, certificates or other evidences of debt; and said Board shall with respect to all bonds, notes, certificates, or other evidences of debt authorized by this amendment, be entitled to exercise all the rights to enforce the performance of all the obligations, the same as it is authorized to do under the laws existing at the time of the adoption of this amendment with respect to any of the presently outstanding bonds of the City of New Orleans. Such bonds, notes, certificates or other evidences of debt shall be sold at public sale by the Board of Liquidation, City Debt, to the highest bidder or bidders on sealed proposals, after due advertisement once a week for two consecutive weeks in the official journal of said City of New Orleans, and in a financial journal or newspaper published in the City of Chicago, Illinois, and in a financial journal or newspaper published in the City of New York, New York, the first publication thereof to be not less than ten (10) days prior to the date of said sale. The said Board of Liquidation, City Debt, shall have the right to reject any and all bids. The proceeds of such bonds, notes, cer- tificates or other evidences of debt shall, on demand of the Commission Council of the City of New Orleans, or its successor as the governing body of said City, be paid by the Board of Liquidation, City Debt, to the Commission 459 Vol. IV App. l l I New Orleans Studies Council of the City of New Orleans, or its successor as the governing body of said City, to be used solely and exclusively for the purpose herein authorized. The Board of Liquidation, City Debt, may, in its discretion, make said bonds, notes, certificates or other evidences of debt, redeemable at any time and in any manner and at such price or prices as it may determine prior to their sale, and in such case the time and manner of such redemption and the price at which they may be redeemed shall be briefly but clearly stated on the face of said bonds, notes, certificates or other evidences of debt. The Board of Liquidation, City Debt, may at any time issue refunding bonds, notes, certificates or other evidences of debt, to redeem said bonds, notes, certificates or other evidences of debt, or to refund them at maturity; provided, however, that said refunding bonds, notes, certificates or other evidences of debt shall not be sold and delivered more than two (2) months prior to the date of redemption or the maturity date of said bonds, notes, certificates or other evidences of debt, and if sold and delivered prior to said date of redemption or maturity date, as the case may be, the proceeds therof shall be held in- violate by the Board of Liquidation, City Debt, and shall be amply secured to the full amount thereof and applied solely to the payment of the bonds, notes, certificates or other evidences of debt to be paid therefrom. The pro- vision of this Section with respect to the form, character, interest rate, maturity, redemption, sale, sources of payment and other details of the bonds, notes, certificates or other evidences of debt, shall also apply to said refunding bonds, notes, certificates or other evidences of debt. When any bonds, notes, certificates or other evidences of debt have been issued hereunder and are outstanding, the official or officials of the City of New Orleans, charged with the collection of the special taxes authorized by paragraphs (a), (b) and (c) hereof, and with the collection of the ad valorem tax when levied as hereinabove provided, shall daily remit the proceeds of such collections, to the Board of Liquidation, City Debt, and after reserving from said special taxes a sum which, in the discretion of the Board of Liquidation, City Debt, is sufficient to cover the cost of collection of said special taxes, which sum so reserved shall be remitted by the Board of Liquida- tion, City Debt, to the Commission Council, the balance of said special taxes, and the entire amount of said ad valorem tax when levied as hereinabove provided, shall be held inviolate by the Board of Liquidation, City Debt, and applied solely to the payment of the principal and interest of the bonds, notes, certificates or other evidences of debt authorized hereby at the maturity thereof; provided, however, that if any of said bonds, notes, certificates or other evidences of debt are made redeemable prior to their maturity the Board of Liquidation, City Debt, shall use said proceeds to call such bonds, notes, certificates or other evidences of debt for redemption in the inverse order of their maturity, after first reserving an amount sufficient to pay the interest on the outstanding bonds, notes, certificates or other evidences of debt for the next two succeeding years and the principal thereof maturing in the next two succeeding years. All of said proceeds of said taxes shall be deposited by the Board of Liquidation, City Debt, in a bank or banks within the State of Louisiana, and shall be amply secured by collateral to the full amount thereof and shall be withdrawn only for the payment of the interest on said bonds, notes, certificates or other evidences of debt and the principal thereof at maturity or redemption. Any and all taxes heretofore levied under Act No. 180 of 1924 for the year 1936 or any previous year, and uncollected shall be unaffected by this amendment, and the Commission Council of the City of New Orleans, or its successor as the governing body of said City shall have full power to collect the same. No provision of Act No. 4 of 1916 shall in any manner affect any provision of this amendment. The Commission Council of the City of New Orleans or its successor as the governing body of said City shall have full power and authority to enter into contracts for the paving, repaving, sur- facing or resurfacing of any street or streets of the City of New Orleans prior to the issuance and sale of the bonds, notes, certificates or other evidences of debt authorized hereby, and prior to the issuance and sale of the New Series Paving Certificates, authorized pursuant to Act No. 4 of 1916, as amended, and pursuant to the provisions of the Charter of the City of New Orleans as now existing or hereafter amended, regardless of whether or not sufficient 460 Power to Borrow and Taa: © - Vol. IV Statutory Provisions App. l l I funds are actually in the Treasury of the City of New Orleans to pay and discharge said contracts, and may sell each issue of said New Series Paving Certificates at one time or in installments from time to time. This section shall be self-operative and shall, without reference to any other provision of the Constitution or laws of the State of Louisiana, con- stitute the sole, exclusive and sufficient authority for the creation of the Fund and the issuance of the bonds, notes, certificates or other evidences of debt authorized hereby, and no further legislation or other action shall be required therefor, except the adoption of the necessary ordinances or resolutions of the Commission Council of the City of New Orleans, or its successor as the govern- ing body of said City, and of the Board of Liquidation, City Debt. No limitation of indebtedness now existing shall apply to the issuance of said bonds, notes, certificates or other evidences of debt, and they shall not be included in com- puting the indebtedness of the City of New Orleans under the limitations prescribed by Section 13 of Act 4 of 1916. The proceeds of sale of the bonds, notes, certificates or other evidences of debt herein authorized, to the extent of One Million Dollars ($1,000,000.00) or so much thereof as may be necessary, shall be used for the repayment of any money borrowed by the Commission Council of the City of New Orleans prior to December 31, 1935, or for the payment of any other existing obligations of the City of New Orleans, secured or unsecured, incurred prior to said date, all of which indebtedness is hereby ratified, validated and confirmed. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1936. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the proposed amendment to the present Section 24.1 of Article XIV of the Constitution of Louisiana providing for the creation of a Special Paving and Permanent Public Improvement Fund for the City of New Orleans. and also: AGAINST the proposed amendment to the present Section 24.1 of Article XIV of the Constitution of Louisiana providing for the creation of a Special Paving and Permanent Public Improvement Fund for the City of New Orleans, and each elector voting on said proposition for so amending said Constitution, shall indicate his vote relative thereto, as provided by the general election laws of the State of Louisiana. ORDINANCES NO. 15391 COUNCIL SERIES Mayoralty of New Orleans, City Hall, June 22, Calendar No. 2333. Whereas, this Council did, by Ordinance No. 15,214, Approved on the twenty- sixth day of April, 1899, provide for the submission to the property taxpayers of the city of New Orleans at a special election to be called by proclamation of the Mayor, the proposition to levy upon all the property in the city of New Orleans, a special tax of two mills on the dollar for forty-three years, beginning with the year 1899, upon the terms and conditions set forth in the petition of the property taxpayers made the basis of said ordinance the proceeds whereof are to be devoted to certain permanent public improvements; and Whereas, the said special election was held in due form of law, according to the proclamation of the Mayor on the sixth day of June, 1899, and the returns thereof have been duly promulgated, showing that the majority in number and amount of the property taxpayers voting at said election voted in favor of said special tax, and also voted in favor of the appointment of seven com- missioners by the Mayor, with the consent of the Council: 461 X: % New Orleans Studies ; Be it Ordained by the Common Council of the City of New Orleans: Section 1. That a special tax of two mills on the dollar is hereby levied upon all the property in the city of New Orleans for forty-three years, begin- ning with and inclusive of the year 1899; and the proper officers of the city are hereby ordered and directed to place the said tax, in each and every of the said years, upon the tax records and tax bills of the city of New Orleans, and to collect the same at the same time and in the same manner as other city taxes are collected, and to pay the same over day by day as collected to the Board of Liquidation of the City Debt, to be by them disposed of as hereinafter directed. Sec. 2. That in accordance with the terms of the petition of the property taxpayers aforesaid, the City Council hereby reserves the right and declares its intention to make a corresponding diminution in the said special tax of two mills on the dollar, by special ordinance adopted to that end in any and all years in the future wherein the assessed values of the city of New Orleans shall have increased to such an extent as to make one-half the surplus of the 1 per cent debt tax sufficient to pay the whole or the larger portion of the interest on the bonds hereinafter mentioned. Sec. 3. That the proceeds of the said special tax shall be exclusively devoted in such ratio as may be required to the following purposes of perma- ment public improvement, to-wit: 1. To acquiring title by the city by construction or purchase, or both, to a system of waterworks, to the extension thereof throughout the city, inclusive of the Fifth District, and to the purification of the water supply therefrom. 2. To the construction throughout the city, inclusive of the Fifth District, of a free sewerage system, with free water therefor, the title whereof shall be in the city. 3. To the completion of the public drainage system of the city of New Orleans, inclusive of the Fifth District, now in process of construction. Sec. 4. That subject to the ratification of the Legislature of the State of Louisiana, and of the people of the State of Louisiana, by an amendment to the constitution of the State, the whole proceeds of this special tax of two mills on the basis of the assessed values of the city of New Orleans for the year 1899, added to the proceeds on the same basis of one-half of the surplus of the present 1 per cent debt tax, levied by virtue of Art. 314 of the Constitu- tion of the State of Louisiana of 1898, shall be capitalized by issuing the bonds of the city of New Orleans, to be styled the “Public Improvement Bonds of the City of New Orleans,” dated July 1, 1900, having fifty years to run, bearing as low a rate of interest as can be negotiated for but not in any event to exceed 4 per cent per annum, which bonds are to be sold only as needed at not less than par and accrued interest, and the proceeds thereof applied exclusively to the purposes above set forth. The proceeds of the two funds aforesaid shall be applied by preference in each year to the payment of the interest on said bonds, and any surplus remaining after the payment of such interest and all arrears of interest, may be used, less 20 per cent reserve from each year's surplus, in extending and completing the public works afore- said. Whenever the aggregate of the surpluses aforesaid shall equal a sum sufficient to pay one-half the annual interest on the bonds aforesaid, then no such surplus shall be reserved as long as the amount of this aggregate remains intact; and this reserve shall be used only when necessary to insure the prompt and regular payment of interest on said bonds. So much of the special tax to be levied in the year 1899, as may be necessary shall be used in such acquisitions of property, preliminary investigations, surveys and experiments as the “Sewerage and Water Board,” hereinafter constituted, may in their judg- ment find necessary and proper to enable them to plan, devise and prepare to contract for the construction of the permanent public works aforesaid. Said bonds shall contain a clause authorizing the city of New Orleans after July 1, 1942, to call and pay the principal of the same at par and accrued interest in such manner and form as it may deem best. The interest on said bonds after July 1, 1942, and the principal thereof shall be paid by the levy after the year 1942 of the 1 per cent debt tax aforesaid until all the principal 462 Power to Borrow and Tax Vol. IV Statutory Provisions App. iii 33 34 10 11 12 13 and interest of said bonds are fully and finally paid, and the proceeds of said 1 per cent debt tax are specially dedicated to said purpose on and after July 1, 1942. Sec. 5. That as soon as the legislative and constitutional authority above mentioned for issuance of said bonds is obtained, it shall be the duty of the Board of Liquidation of the City Debt, at the expense of the special tax fund in their possession to advertise for sixty days in London, Amsterdam, New York, Chicago and New Orleans, for sealed proposals to buy the whole issue of said bonds, to-wit: Twelve millions bearing 4 per cent., fourteen millions bearing 3% per cent., or sixteen millions bearing 3 per cent, the purchaser to take the bonds from time to time, on sixty days' notice, and pay the cash therefor as the exigencies of the Sewerage and Water Board may require; and it shall accept the bid or bids, or aggregate of bids covering the whole issue, not less than par and accrued interest, that agrees to take such bonds at the best price and the lowest rate of interest; such acceptance, however, shall be subject to the ratification of the City Council by a formal ordinance. Sec. 6. That when the rate of interest which said bonds are to bear has been fixed by the bid aforesaid, and the acceptance thereof by the City Council, the Board of Liquidation shall cause said bonds to be engraved of proper design at the expense of the special tax fund in their possession. Said bonds shall be of the denomination of $1000 each, payable in lawful money of the United States, with semi-annual interest coupons annexed, payable January 1 and July 1. They shall be signed by the Mayor and Comptroller of of the city of New Orleans and countersigned by the president and secretary of the Board of Liquidation of the City Debt. They may be registered and released from registry under the rules and regulations prescribed by said Board of Liquidation, and no registered bonds shall be negotiable. Like other city bonds, they shall be exempt from all taxation. State, parish and municipal, and the tutors of minors and the curators of interdicts shall be authorized to invest the funds in their hands in such bonds. Sec. 7. That inasmuch as the surplus of the 1 per cent debt tax aforesaid has heretofore by Act No. 114 of the Acts of 1896 and Act No. 63 of the Acts of 1898 been devoted exclusively to drainage purposes, and the Drainage Com- mission, constituted by said acts, has issued bonds, callable after December 1, 1899, payable out of said fund there shall be sold and delivered as aforesaid as soon as possible Public Improvement Bonds enough to provide for the retire- ment of said drainage bonds, and the first funds that reach the hands of the Board of Liquidation from the sale of said public improvement bonds shall be exclusively and sacredly devoted to the payment and retirement of said out- standing drainage bonds, and any other debts created by the Drainage Com- mission against said fund, so as to free the said surplus of the said 1 per cent debt tax from all lawful claims and demands thereon, in order that the dedica- tion of said funds to the purposes of this ordinance may have full force and effect. On and after the adoption of the Constitutional Amendment aforesaid, the Drainage Commission shall not issue or dispose of any more bonds under the acts aforesaid, and when the bonds issued by it have been retired as aforesaid the proceeds of the sale of all franchises now required by law to inure to said commission shall revert to the city of New Orleans, to be used for permanent public improvements. Sec. 8. That the Board of Liquidation of the City Debt shall immediately deposit the proceeds of the sale of the “Public Improvement Bonds” aforesaid, and the proceeds of the special tax aforesaid and the surplus of the 1 per cent debt tax aforesaid, and of the proceeds of the 1 per cent tax after July 1, 1942, with the fiscal agent of the city of New Orleans, or if the fiscal agent is not satisfactory in the opinion of the Board of Liquidation, with a chartered de- pository selected by the Board of Liquidation to the credit of a special fund called the “Public Improvement Fund,” and said Board of Liquidation are specially charged with the payment of the interest and principal of the bonds aforesaid. All payments made by the “Sewerage and Water Board,” aforesaid, are to be made in the form of warrants or drafts on the “Board of Liquidation of the 463 Vol. IV App. ill New Orleans Studies 13 City Debt,” setting forth the amount thereof, the person to whom payable and 14 the purpose for which the payment is made; and the said Board of Liquidation 15 is hereby charged with the duty of taking care that no irregular, improper or 16 unlawful payments are made out of said fund. Said Board of Liquidation shall 17 have no authority or right to use or to pay out any portion of said special 18 tax fund, or the half surplus of the said 1 per cent debt tax, for any purpose 19 whatever except for the purposes specially designated in this ordinance. 1 Sec. 9. That the powers, duties and functions of the Board of Liquidation 2 of the City Debt shall continue in full force until all of the public improvement 3 bonds of the city of New Orleans are fully and finally paid. 1 Sec. 10. That said Board of Liquidation shall semi-annually, on the first 2 of January and the first of July of each year present to the City Council a 3 detailed report of all receipts and disbursements coming into its hands under 4 the provisions of this ordinance. 1 Sec. 11. That for the purpose of constructing, controlling, maintaining and 2 operating the public water system and the public sewerage system of the city 3 of New Orleans, there is hereby organized and constituted a “Sewerage and 4 Water Board,” to be composed of the members of the Drainage Commission 5 as now constituted, and a property taxpayer of two years' previous residence 6 in each of the seven municipal districts of the city of New Orleans, to be 7 appointed by the Mayor for twelve years, with the consent of the Council. 8 The first appointments to be made under this ordinance shall be one for two, 9 one for four, one for six, one for eight, one for ten, one for twelve and one 10 for fourteen years, so that one new commissioner will be appointed every two 11 years; and on the expiration of each commissioner's term his successor shall 12 be appointed for twelve years. All vacancies shall be filled by appointment by 13 the Mayor with the consent of the Council, for the unexpired term. In case any 14 taxpayer member of the Sewerage and Water Board shall be elected to any 15 office, or receive any appointment which would make him a member of the 16 Drainage Commission, or shall remove his residence from the district from 17 which he was appointed, or shall cease to be a property taxpayer his member- 18 ship of said board as such taxpayer shall be ipso facto vacated, and his successor 19 shall be immediately appointed as aforesaid; provided, however, that no person 20 who is a stockholder in any sewerage or water works company shall be eligible 21 by appointment to said board. 22 In case any additional memberships are hereafter added to the Drainage 23 Commission, as now constituted, the incumbents thereof shall not constitute 24 part of said board; and in case any of the present memberships of said Drainage 25 Commission are stricken therefrom the said board shall remain diminished by 26 such reduced membership; provided, however, that the Mayor of the city and 27 the chairmen of the three city committees of finance, budget and water and 28 drainage, and the president and one designated member of the Board of Liquida- 29 tion shall always be members of said board, even if they should be excluded 30 from the Drainage Commission, or the said commission should be abolished. 31 The said “Sewerage and Water Board” shall be appointed and organized 32 immediately after the passage of this ordinance, and shall forthwith proceed 33 to execute the powers granted to and duties imposed upon it so far as the 34 same can be done before the legislative and constitutional authority aforesaid 35 can be obtained. It shall make rules fixing its own meetings and procedure, 36 and these rules shall be changed only by the vote of twelve members at a regular 37 meeting. 1 Sec. 12. That the members of said board shall be removed from office 2 only in the manner and for the causes enumerated in Arts. 217 and 22 of the 3 State Constitution. 1 Sec. 13. The Mayor of the city of New Orleans shall be ex-officio president of 2 said board, and said board shall elect some competent and responsible person 3 as secretary, who shall receive a salary of $1800 a year, which may be increased 4 with the consent of the City Council. He shall hold office subject to the pleasure 5 of the board. No member of said board shall receive any salary or compensation 6 whatever for his services, except actual traveling expenses incurred at the 7 request of and for the benefit of the board. The board shall have power to 464 Power to Borrow and Taac e G Vol. IV Statutory Provisions App. l Il 1 i i elect one of its members president pro tempore, who shall act in the absence or disability of the president. Sec. 14. That all meetings of said board shall be held in the City Council chamber, and shall be open and public, and all of its transactions shall be recorded in the minutes thereof to be kept in writing by the secretary; and its records shall be public records. Nine members thereof shall constitute a Quorum. Sec. 15. That said board shall elect a competent and skillful engineer as general superintendent and shall fix his salary, and shall from time to time define his duties and powers. He shall hold office during the pleasure of said board. It shall also have power to organize and employ a board of advisory engineers in order to arrange and devise an efficient public sewerage system in this city, and an adequate public water supply of pure water, and to fix the compensation of such advisory board. Sec. 16. That the said board shall have power and authority to employ all the necessary clerks, engineers, firemen and other skilled and unskilled employees necessary and proper to the efficient administration, operation and control of the said public sewerage and said public water system. All such employees, except unskilled laborers, shall be appointed only after they have passed the civil service examination by the Civil Service Commissioners of the city of New Orleans. They shall hold their positions during good behavior, and shall be removed only for cause and after hearing by the Civil Service Commission. The general superintendent shall have authority to suspend an employee for cause until trial before the commission. Nothing herein shall be construed as preventing the Board from dispensing with the services of unnecessary employees. Civil Service rules shall not apply to the Secretary, the General Superintendent or to the Advisory Board of Engineers. Sec. 17. That the City Attorney of the city of New Orleans, virtute officio, shall be the legal advisor of said board, and said board shall have no power or authority to employ counsel unless some question shall arise between it and the city of New Orleans. If the legal business of the board shall become of sufficient magnitude to require it, it shall be the duty of the Council, on the request of the Board to authorize the City Attorney to appoint, with the approval of the City Council, a special assistant for this purpose whose salary shall be fixed by the board and paid out of its funds. Sec. 18. That said board shall have power by a vote of twelve of its members to acquire in the name and for the benefit of the city of New Orleans the plant and franchises of any water or sewerage companies in the city of New Orleans, but no contract for that purpose shall be valid until ratified by ordinance of the Common Council of the city of New Orleans. In case no agreement can be reached between said board and the City Council on the one side and the representatives of said companies on the other, as to the price to be paid said companies for their property and franchises and it shall become necessary for the city of New Orleans to expropriate the same, the price to be paid on such expropriation shall be paid by said board out of the proceeds of the bonds aforesaid. The outstanding mortgage bonds of such companies may be assumed by the city as part of the price. Nothing in this ordinance shall be held to affect the right of either the State of Louisiana or the city of New Orleans in the pending litigation against the New Orleans Waterworks Company or the New Orleans Sewerage Company. Sec. 19. That whenever it becomes necessary to expropriate any property convenient or necessary for the public works aforesaid, it shall be the duty of the City Attorney, on the request of said board, to institute such proceedings in the name of the city of New Orleans, and to acquire the title to all such property in the name of said city; and the title to all the public works aforesaid, constructed by said board, and to all property of every kind and nature, real and personal, purchased, or in any way acquired by said board, shall be vested in the city of New Orleans, and said board shall have full authority to 465 X: Y | New Orleans Studies : : ; : expropriate any property in any of the parishes adjoining the parish of Orleans that it may find convenient and necessary for the proper execution of the powers herein granted to it, and to extend its works into such parish for the benefit of the city of New Orleans. Sec. 20. That it shall be the duty of the said board so to plan, adjust and arrange the said public sewerage and public water systems as to make the same conform to, and as to prevent conflict with, the present approved plans of the Drainage Commission. Sec. 21. That all persons, firms and corporations that have under and by virtue of any grants heretofore made, express or implied, laid mains, pipes, or conduits, or constructed any railroads, buildings, works or structures of any kind in, on or over the public streets, shall be compelled at their own cost and expense to move, shift or adjust their said mains, etc., to the exigencies of said public sewerage and public water systems. Sec. 22. That the said board shall have full power and authority to make all needful rules and regulations for the use of the said public system of sewerage and the free water supply furnished therewith, and to prevent the obstruction thereof, and to compel all premises in the city of New Orleans to be connected with said system, and to compel the closing and discontinuance of all other sewers, and all vaults, cesspools, privies, water closets, urinals, foul water drains, and outlets for any fluid material whatever; and any violation of the rules and regulations so established by said board and duly promulgated in the Official Journal shall be punished by a fine not exceeding $25 for each offense, or by, not exceeding thirty days' imprisonment for each offense, or by both, in the discretion of the court having jurisdiction of the offense. Sec. 23. That the said board shall have power to fix the rates to be charged private consumers of water, and to collect the same from all persons who use water (except for sewerage purposes only) from the public water supply of the city of New Orleans, except the city of New Orleans and her public institutions, such as jails, schools, etc., the Charity Hospital, the Touro Infirmary, the House of Good Shepherd, all orphan asylums and homes for aged and infirm. These charges shall be based, as far as possible, upon the actual amount of water consumed, shall be equal and uniform for each grade or class of customers, and shall be framed so as to cover only the actual cost of the maintenance of the said public water system and of the furnishing of the public and private water supply. Said board shall further have power to make reasonable rules and regulations for the use and consumption by such pay customers, and by such free consumers of the water supply furnished them, and any violation of such reasonable rules and regulations so established by said board, and duly promulgated in the official journal, shall be punished by a fine not exceeding $25 for each offense, or by imprisonment not exceeding thirty days for each offense, or by both in the discretion of the court having jurisdiction of the offense. Sec. 24. That all funds received by the said board from water rates, and from the city of New Orleans, by appropriation from its treasury, shall be deposited to the credit of the said board as collected, with the fiscal agent of the city of New Orleans, and shall not be paid out except upon duly adopted resolutions of appropriations, promulgated in the official journal, and upon checks signed by the president and the secretary of said board and counter- signed by the chairman of the Finance Committee of the city of New Orleans. Sec. 25. That all supplies and material required by said board for the conduct, operation, maintenance and repair of said public systems of sewerage and water shall be purchased on detailed written specifications as to grade, quality and amount from the lowest bidder, who can give required bond to comply with the contract, at public adjudication after at least ten days' notice in the official journal of the city of New Orleans. In every case it shall have power to reject all bids and readvertise for new bids. In case of emergency the General Superintendent can, with the written consent of the president pro tempore of the board and of the mayor of the city, contract a bill for such 466 Power to Borrow and Taa: © tº Vol. IV Statutory Provisions App. l Il 1 1 1 . : ; ; i i 1 supplies and material not exceeding $500 in amount, but all such bills so con- tracted must be reported, with the reasons, therefor, to the next meeting of the board otherwise the board shall not pay the same. All contracts for repair or renewal work, not executed by the regular employees of the board, shall be similarly let to the lowest bidder, after similar advertisement, with the same right of rejection. Sec. 26. That all contracts for the construction of the said public systems of sewerage and water shall be let to the lowest bidder by sealed proposals or by public auction, as the board may determine, after at least sixty days' advertisement in two newspapers in the city of New Orleans, on detailed plans and specifications, one of which specifications shall always be that the con- tractor shall give bond with some surety company authorized to do business in the State of Louisiana, satisfactory to the board, in a sum of at least 25 per cent of the estimated amount of his bid for the faithful performance of his contract; and in case the work estimated by said specifications shall exceed the sum of $50,000, bids for the same shall be similarly advertised in New York and Chicago, as well as in the city of New Orleans. Every such contract exceeding $25,000 in amount shall be approved by resolution of the City Council before the same shall be operative and binding on the said board. In every case the Board shall have power to reject all bids and readvertise for new bids. Sec. 27. That no member of said board shall ever be interested, directly or indirectly, in any contract, or in the losses or profits of any contract for labor, supplies, material or construction made by said board, nor for six months after the termination of his connection with the board, under the penalty of dismissal from said commission and the absolute nullity of said contract; nor shall any member of said board ever be surety for any contractor, or officer, or employee of the board, under a similar penalty. Sec. 28. That in all contracts made and executed by said board for the construction or repair of said public systems of sewerage and water, there shall be contained a clause that the contractor shall give the preference in employment to bona fide residents of the city of New Orleans, both as skilled and unskilled laborers, and shall not employ any non-resident laborers, skilled or unskilled (except confidential clerks, chief engineers and head superin- tendents), as long as any resident labor is ready, willing and able to do the work required; that the penalty for each violation of this clause shall be the forfeiture of the sum of $25, to be deducted by the board from the contract price due the contractor; and that the general superintendent of said board shall have the authority to dismiss all persons employed in violation of this clause. Provided that this clause shall not apply to skilled mechanices and machinists brought to this city by the manufacturers of machinery solely for the purpose of erecting and testing the same. No person shall be considered a bona fide resident of this city under this clause of this ordinance unless he has actually resided in the city of New Orleans for six months prior to his employment. All the permanent employees of said board, who are required to be appointed after civil service examination, shall be of good moral character, and bona fide residents of the city of New Orleans for at least one year prior to their appointment. Said board shall have power, and it shall be its duty to demand and require bonds with good and sufficient surety for the faithful performance of their duties from all of its employees who handle money or material or who fill positions of responsibility. Sec. 29. That said board shall have power to apportion the proceeds of said Public Improvement Bonds, and the surplus of said taxes, among the three objects aforesaid—sewerage, water, and drainage but any such apportionment shall be made by a vote of twelve members of the board, exclusive of the Mayor, and shall be also approved by the Mayor in writing; and in case twelve members of said board and the Mayor cannot agree upon any apportionment, the matter shall be referred to the City Council, who shall have power to make said apportionment. Sec. 30. That the City of New Orleans shall annually in her budget of expenses provide out of her alimony by proper appropriation all the funds 467 X: Y | New Orleans Studies 1 ; 1 2 i :i; necessary and proper, over and above the receipts of said board for water rates, to maintain and operate in an efficient manner the said public system of sewerage and the said public system of water works; and the said board shall in the first week in November of each year present to the Council an estimate of the amount requisite for these purposes for the following year. No portion of the proceeds of said bonds, or of the said taxes, shall ever be applied to the maintenance and operation of said public system of sewerage, water and drain- age, but they shall be used for construction purposes only. Sec. 31. That said board shall not have the power to obligate itself or to create any debt for construction purposes in excess of the cash amount of the proceeds of said bonds and the surplus of said tax, and all such debts and obligations in excess of the actual cash amount of these funds shall be abso- lutely null and void and of no effect; nor shall the said board, in any year, have the power to spend any sum of money or to create any debt for the mainte- nance and operation of said public systems of sewerage and water in excess of the actual revenue of that year and all such debts and obligations in excess of the revenue of each year shall be absolutely null and void and of no effect. The surplus revenue of one year may be carried forward and added to the revenue of the following year; but no contract or expenditures of any kind shall ever be made in anticipation of any surplus of either construction or maintenance fund. - Sec. 32. That all connections with the sewerage and water mains of the two public systems aforesaid shall be made at the cost of the said board from the said mains to the edge of the foundations of the buildings on the property line itself, and from that point on, they shall be made at the cost and expense of the owner of the property. Each owner shall have the right to contract for the putting in of all such connections as he is chargeable with, but all such work shall be done under the rules and regulations and subject to the inspection and control of said board. The board shall take separate bids from contractors for putting in all property holders' connections and fixtures, leaving to each property holder the right to require the work in his premises to be done by such contractor at the bid price, or to employ some one else for that purpose. Sec. 33. That said board shall have the right to use the power supplied by the central power station of the Drainage Commission for all the necessary and convenient purposes of said public sewerage and water systems, and it shall be the duty of the Drainage Commission to furnish such power on demand and free of charge. Sec. 34. That on the first of January and the first of July of each year, it shall be the duty of said board to make to the City Council, in writing, a full and detailed report of its acts, doings, receipts and expenditures. Sec. 35. That the contracts for the above works shall be let in such a manner as to cover the whole city, the Fifth District included at the same time, and shall be prosecuted in such a manner that they shall be completed throughout the city, the Fifth District included, as far as possible at the same time. Sec. 36. That if the City of New Orleans cannot get proper legislative and constitutional authority to issue the bonds aforesaid prior to January 1, 1901, then the special tax herein levied shall cease and determine, and the unexpended proceeds thereof for the years 1899 and 1900 shall be paid over to the Drainage Commission, to be used for drainage purposes. In that contingency, the board constituted by this ordinance shall be ipso facto dissolved, and all its books, papers, records, property, etc., shall be taken possession of and held by the Drainage Commission. Sec. 37. That all ordinances and parts of ordinances contrary to or in con- flict with the provisions of this ordinance be and the same are hereby repealed. Adopted by the Council of the City of New Orleans, June 20, 1899. 468 Power to Borrow and Taac e e Vol. IV Statutory Provisions App. l Il MAYORALTY OF NEW ORLEANS City Hall, Oct. 8, 1904 Calendar No. 3364. CITY ORDINANCE No. 2683, NEW COUNCIL SERIES. AN ORDINANCE amending and re-enacting Sections 1, 2 and 4 and repealing Sections 3, 5, 8, 9 and 11 of ordinance No. 147, N. C. S., adopted August 7, 1900; adding to said ordinance, as new sections, a section to be numbered 3 and a section to be numbered 11; and re-numbering Section 10 of said ordinance, to be known as Section 8. WHEREAS, The industrial progress of the city and port of New Orleans renders it a matter of great and even vital importance that a system of terminal deliveries should be devised whereby all railroads, all industries and all water craft be enabled to transfer goods without restriction, discrimination or delay; and Whereas, The present system, as far as it goes, has encumbered the streets and landings of the city with portions of track belonging to various corpora- tions whose competitive interests compel delays and restrictions at times amounting to prohibitions; and Whereas, This situation, limiting industries as it does in many cases to the facilities of the railroad on whose track it is located; and Whereas, This situation further prevents the location of new industries that require the widest and freest facilities for collection and distribution of their goods; and Whereas, It is of great importance that facilities should be provided for the location of industries in the rear of the city and on the banks of the naviga- tion canals, as well as on the front, whereby said industries and those in the present commercial district can reach and be reached by every railroad or steamship line now trading with the city, or hereafter to come; and Whereas, In the rear of the city there is a large area of unimproved property, that, provided with terminal facilities as expressed above, would be rapidly improved by various industries; and Whereas, Such a terminal system could easily establish and operate an indus- trial and real estate bureau for securing and locating new industries; and Whereas, Such a terminal system would greatly facilitate the work of collect- ing and disposing of city garbage, the filling of lots and similar work of public and private utility; and Whereas, Public policy dictates that new railroads entering New Orleans, and those now here, whose franchises are insufficient or nearly expired, should be furnished terminal facilities upon a broad, permanent, well defined plan, without discrimination; and Whereas, All tracks now existing or to be built upon the public streets and landings should be for the free use of the public upon the most economical terms; and Whereas, All this can only be secured and availed of by public ownership and control; and Whereas, The various private interests involved can only be harmonized and included in a general and comprehensive terminal system, by substitutions for same on equitable terms of greater advantages than now possessed, by f right to use a comprehensive and enlarged terminal system, covering every point now reached and that can be hereafter reached by railroad tracks within the city limits; and Whereas, The most practical means whereby conflicting interests can be har- monized, plans prepared, construction and operation can be carried on, is 469 X; % New Orleans Studies 1 1 1 through establishment of a commission composed of commercial interests, where all concerned shall be fully and fairly represented; therefore, Be it ordained by the Council of the City of New Orleans; Section 1. That Section 1 of ordinance No. 147, N.C.S., adopted by the Council of the City of New Orleans, on August 7, 1900, be amended and re- enacted so as to read as follows, to-wit: That a board of commissioners be and the same is hereby created, to be known and styled as the Public Belt Railroad Commission for the City of New Orleans, to be composed of the Mayor of the City of New Orleans and sixteen citizen taxpayers of the City of New Orleans, who shall be duly qualified electors and shall have resided in said city for a continuous period of five years prior to their appointment, to be appointed by the Mayor of the City of New Orleans, by and with the approval of the Council of the City of New Orleans, and as follows: Three members of the New Orleans Board of Trade, upon the recommendation of the said New Orleans Board of Trade; two members of the New Orleans Cotton Exchange, upon the recom- mendation of said New Orleans Cotton Exchange; two members of the New Orleans Sugar Exchange, upon the recommendation of the said New Orleans Sugar Exchange; two members of the New Orleans Progressive Union, upon the recom- mendation of said New Orleans Progressive Union; and two members of the Mechanics, Dealers and Lumbermen's Exchange; and five members to be appointed from the citizens of New Orleans at large, two of whom shall be from that portion of the city above Canal street, and two of whom shall be from that portion below Canal street; should any of the foregoing organizations cease to exist or be without a legal successor, the members appointed therefrom shall serve out their alloted terms, and their successors shall thereafter be appointed by the Mayor, by and with the consent of the City Council. The tenure of office of the first appointees shall be as follows: Two for two years, two for four years, two for six years, two for eight years, two for ten years, two for twelve years, two for fourteen years, and two for sixteen years; all terms to date from date of appointment. The successors of the first appointees shall be appointed for terms of sixteen years from the dates of original appointment. The Mayor of the City of New Orleans shall be the President of said Commission and shall have a right to vote at all meetings and upon all questions. The City Attorney shall be ex-officio attorney of said Commission, and the City Engineer shall be ex-officio engineer of said Commission, and said Com- mission shall have power and authority to employ additional counsel and engineers whenever necessary. Such additional counsel and engineers to be selected and named by the Commission and to be appointed by the City attorney and the City Engineer, respectively, upon the recommendation and designation, of the Commission, the appointments to be subject to confirmation by the Council of the City of New Orleans. Within thirty days after the appointment and confirmation of the original appointive members of said Commission said Commission shall meet in the Council chamber of the City of New Orleans and shall organize. Said Commis- sion shall select a President Protem, a Secretary Treasurer, an Industrial Commissioner, an Auditor and a General Manager. The President Protem shall be a member of said Commission and shall have active charge, control, manage- ment and supervision of the business of said Commission, subject to the direction of said Commission; he shall preside at all meetings of the Com- mission, in the absence of the Mayor, and shall perform such other duties as the Commission may designate. The Secretary-Treasurer shall keep the books, papers, records and minutes of said Commission, and shall receive and deposit in such bank or banks as the Commission may designate all moneys, funds and property accruing to the Commission, and shall perform such other duties as said Commission may designate, but no disbursements shall be made of any of the funds of said Commission except after approval of the vouchers by a finance committee composed of three members, to be appointed by the President of said Commisison. All checks, warrants or other vouchers for the payment of money shall be signed by the Secretary- Treasurer and countersigned by the Mayor, Said finance committee shall per- form such other duties as may be designated by said Commission. 470 Power to Borrow and Taac © Vol. IV Statutory Provisions App. l Il 60 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 : i 10 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 It shall be the duty of the Auditor to check and audit all the accounts, receipts and disbursements of the Commission, and to perform such other duties as said, Commission may designate. It shall be the duty of the Industrial Commissioner to furnish, free of charge, general information concerning the public belt railway, its connec- tions and facilities, the advantages it offers to shippers and carriers, and to publish and circulate maps and other data and information to investors, whether in the city of New Orleans or elsewhere, and to all merchants, manu- facturers and persons desiring to locate along the line of the public belt railway. The Secretary-Treasurer, the Auditor and the Industrial Commissioner shall be elected by a majority of the Commission and shall hold office subject to the pleasure of the Commission. The General Manager shall be charged with the physicial construction, main- tenance, operation and development of said public belt railway. He shall be a person of established reputation as a practical belt railway operator and shall be elected by a two-thirds vote of the Commission and shall hold his office subject to the pleasure of the Commission. He shall be at all times subject to the supervision and control of the President Protem of the Com- mission. No member or officer of said Commission shall receive any salary or other compensation for services, except the Secretary-Treasurer, the Auditor, the Industrial Commissioner and General Manager, whose salaries shall be fixed and provided for by said Commission whenever said Commission shall deem it advisable, but said Commission shall not be obliged, except within its discre- tion, to allow or pay any salary or compensation to any officer, and shall have the right to combine together any of the offices provided for by this ordinance, except those of President and President Protem, which shall remain as herein constituted; the President Protem shall always be selected from the members of the Commission, appointed upon the recommendation of the business exchanges. Section 2. That Section 2 of ordinance No. 147, N.C.S., adopted August 7, 1900, be and the same is hereby amended and re-enacted so as to read as follows, to-wit: Section 2. That the objects and purposes of the Public Belt Commission of the City of New Orleans are, and it is therefore hereby fully authorized and empowered to acquire, own, locate, construct, control, main- tain and operate, in the name of and for the benefit of the people of the city of New Orleans, a double track public belt railway in the city of New Orleans, together with all spur tracks, switch tracks, sidings, cross-overs, locomotives, cars, depots, warehouses, shops, stations and all other appur- tenances, to railway location, construction, maintenance and operation; said double tracks public belt railway to be located as hereinafter described upon a public belt railroad reservation hereinafter dedicated to perpetual public use as a public belt track railway reservation and said public belt railway commission is hereby authorized and empowered for and in behalf of the people of the city of New Orleans, to operate said public belt railway for the trans- portation of merchandise and freight in carloads or less than carloads and for the transportation of passengers, for such rates, charges or tariff as may by said Commission, by and with the approval of the Council of the City of New Orleans, be adopted. Said Public Belt Railway Commission is hereby authorized and empowered, with the consent and approval of the Council of the city of New Orleans, to transport the street sweepings and the garbage of the city of New Orleans, and any silt, deposit, sand, or mud which may result from the operation of any water plant system or systems in the city of New Orleans, to any point or points within the limits of the city of New Orleans, and to dispose of the same in such manner and for such prices as may be determined by said Commission and the Council of the City of New Orleans; and also to transport all other river sand or other material which may be offered to it for trans- portation over said public belt railway, and to dispose of the same in such manner and for such prices as said Commission shall determine. Said Commis- 471 Vol. IV App. Ill New Orleans Studies 31 sidn, with the concurrence of the Council of the City of New Orleans, shall 32 have the right to make all lawful contracts or agreements necessary to carry 33 out the purposes for which said Commission is created. Privileges to connect 34 private industries with said public belt railroad shall be obtained from the 35 Council of the City of New Orleans according to law. Said Commission is 36 hereby authorized and empowered to make, enforce, repeal and amend all rules 37 and regulations covering the belting, switching and generally the movement of 38 trains, locomotives, cars and traffic on and over said public belt rail- 39 road, which shall be under the exclusive direction, control and management 40 of said Commission. Said Commission is hereby authorized and empowered to 41 issue receipts for merchandise, goods, commodities, etc., in carloads or less 42 than carloads, accepted for transportation, and to sign and issue through 43 bills of lading to points of destination on such terms and conditions as 44 may be agreed upon by said Commission and connecting carriers. Said Com- 45 mission, by and with the consent of the Council of the City of New Orleans 46 is authorized and empowered to locate, construct, maintain, connect with 47 and operate receiving stations along the line of said public belt railway, 48 independently of any switch track connection with said public belt railway, 49 and to locate, construct, maintain and operate a main depot at a point on 50 the river front as near to Canal street as practicable, as may be by said 51 Commission and the Council of the City of New Orleans agreed upon. Said Com- 52 mission shall have power and authority to make all regulations and by-laws 53 for the conduct of its business as it sees fit, and to do all necessary things 54 to accomplish its purpose and object; to employ all necessary persons and 55 working force and to fix all compensation and salaries. All salaries of officers 56 and employes shall be paid from the funds of the Commission. 1 Section 3. That a new section to be known as section 3, be added to said 2 ordinance No. 147, N. C. S., adopted August 7, 1900, to read as follows, to-wit: 3 Section 3. That there shall be and there is hereby irrevocably dedicated 4 to the people of New Orleans, for perpetual and exclusive use, as the location 5 for a double track public belt railway, the title to which said location and 6 said double track public belt railway shall be, and shall forever be, in the 7 people of the city of New Orleans, the following described double track public 8 belt railway reservation, to-wit: The outer half or river side of the strip of 9 ground or neutral ground, said outer half being twenty-five feet wide in the 10 center of the street provided for, created by, arranged in, and constructed under 11 ordinance No. 15,080, C. S., now known as Leake avenue, from the upper 12 parish line of the parish of Orleans to Peniston street, said outer half or 13 river side of said neutral ground from the upper parish line of the parish of 14 Orleans to the upper line of Audubon Park, together with the double tracks 15 constructed thereon, and the outer half or river side of said neutral ground 16 from the upper line of Audubon Park to Peniston street, having been, by 17 ordinance No. 15,080. C. S. dedicated in full ownership and complete title to 18 the city of New Orleans for perpetual public use; and a strip of ground measur- 19 ing twenty-three feet wide and extending along the river front from Peniston 20 street to Louise street, as indicated on maps on file in the office of the City 21 Engineer, designated as belt railroad map No. 1, approved July 30, 1900, and 22 belt railroad maps Nos. 2 to 9, inclusive, approved October 22, 1901, which 23 maps are hereby referred to and make a part of this ordinance. The said 24 strip of ground is situated approximately as follows: The distances given in 25 each description are measured from the described point to the lake side of 26 the said strip; at Peniston street, forty-four feet, measured riverwards from 27 the lake side of Water street; at west side of Louisiana avenue, five feet, 28 measured riverwards from the lake side of Water street; at a point thirty 29 feet west of the east side of Louisiana avenue, eleven feet, measured river- 30 wards from and perpendicular to the lake side of Water street; at a point 31 eighty-two feet east of the east side of Louisiana, thirty-nine feet, measured 32 riverwards from and perpendicular to the lake side of Water street; at a point 33 one hundred and sixty-two feet east of the east side of Louisiana avenue, forty- 34 nine measured riverwards from and perpendicular to the lake side of Water 35 street; at a point eighty-eight feet west of the west side of Toledano street, 36 forty-eight feet, measured riverwards from and perpendicular to the lake side 37 of Water street; at a point fifty-two feet east of the east side of Toledano 472 Power to Borrow and Taac Vol. IV Statutory Provisions App. iii street, forty feet, measured riverwards from and perpendicular to the lake side of Water street; at a point eighty feet west of the west side of Pleasant street, fifty feet, measured riverwards and perpendicular to the lake side of Water street; at a point sixty-four feet west of the west side of Harmony street, fifty-two feet, measured riverwards from and perpendicular to the lake side of Water street; at a point seventy-seven feet east of the east side of Harmony street, fifty-three feet, measured riverwards from and perpendicular to the lake side of Water street; at a point sixteen feet east of the east side of Sixth street; forty-four feet measured riverwards from and perpendicular to the lake side of Water street; at a point one hundred and thirty-four feet east of the east side of Sixth street, thirty-seven feet, measured riverwards from and perpendicular to the lake side of Water street; at a point seventeen feet east of the east side of Fourth street, thirty-seven feet, measured riverwards from and perpendicular to the lake side of Water street; at a point one hundred and nine feet east of the east side of Fourth street, thirty-nine feet, measured riverwards from and perpendicular to the lake side of Water street; at a point five feet east of the west side of Third street, twenty-nine feet, measured riverwards from and perpendicular to the lake side of Water street; at a point eighty-five feet east of the east side of Third street, thirty-five feet, measured riverwards from and perpendicular to the lake side of Water street; at a point seventeen feet east of the west side of Second street, thirty-seven feet, measured riverwards from and perpendicular to the lake side of Water street; at a point eight feet east of the west side of First street; thirty-five feet, measured riverwards from and perpendicular to the lake side of Water street; at a point fifty feet west of the west side of Soraparu street, thirty-seven feet, measured riverwards from and perpendicular to the lake side of Water street; at a point twenty-two feet east of the east corner of Philip street, thirty-six feet, measured riverwards from and perpendicular to the lake side of Water street; at a point thirty-eight feet west of the west side of Jackson avenue, twenty-eight feet, measured riverwards from and perpendicular to the lake side of Water street; at a point two feet east of the east side of Jackson avenue, thirty-eight feet measured riverwards from and perpendicular to the lake side of Water street; at a point one hundred and sixty-eight feet, east of the east side of Jackson avenue, thirty-seven feet, measured riverwards from and perpendicular to the lake side of Water street; at a point three feet east of the west side of Josephine street, thirty-eight feet, measured riverwards from and perpendicular to the lake side of Water street; at a point eight-five feet, east of the east side of Josephine street, forty-five feet, measured river- wards from and perpendicular to the lake side of Water street; at a point twenty-two feet east of the east side of St. Andrew street, seventy-six feet, measured riverwards from and perpendicular to the lake side of Tchoupitoulas street; at a point of eighteen feet west of the east side of Nuns street, one hundred and ninety-seven feet, measured riverwards from and perpendicular to the lake side of South Peters street; at a point forty-three feet east of the west side of Celeste street, one hundred and ninety-eight feet, measured riverwards from and perpendicular to the lake side of South Peters street; at a point one hundred and thirty-two feet south of the south side of Market street, one hundred and seventeen feet measured riverwards from and per- pendicular to the lake side of South Front street; at a point seven feet south of the south side of Market street, one hundred and thirty feet, measured riverwards from and perpendicular to the lake side of South Front street; at a point fifty-four feet north of the north side of Richard street, two hundred and one feet, measured riverwards from and perpendicular to the lake side of South Front street; at a point two hundred and sixty-five feet north of the north side of Orange street, two hundred and eighty-eight feet, measured riverwards from and perpendicular to the lake side of South Front street; at a point seventy-five feet south of the south side of Robin street, four hundred and ninety-five feet, measured riverwards from and perpendicular to the lake side of South Front street; at a point one hundred and twelve feet north of the north side of Robin street, five hundred and thirty feet, measured river- wards from and perpendicular to the lake side of South Front street; at a point seven feet south of the north side of Terpsichore street, six hundred and seventy feet, measured riverwards from and perpendicular to the lake side of South Front street; at a point three hundred and thirty-five feet north of the north side of Terpsichore street, six hundred and ninety-nine feet, 473 Vol. IV App. Ill New Orleans Studies 103 measured riverwards from and perpendicular to the lake side of South Front 104 street; at a point twenty-four feet South of the south side of Thalia street, 105 seven hundred and twelve feet, measured riverwards from and perpendicular to 106 the lake side of South Front street; at north side of Thalia street, one 107 hundred and ninety-nine feet, measured riverwards from and perpendicular to 108 the lake side of Pilie street; at a point fifty-three feet north of the north 109 side of Thalia street, two hundred and thirteen feet, measured riverwards 110 from and perpendicular to the lake side of Pilie street; at a point one hundred 111 and seventy-eight feet north of the north side of Thalia street, four hundred 112 and forty-three feet, measured riverwards from and perpendicular to the 113 lake side of Pilie street; at a point one hundred and fifty-eight feet north 114 of the north side of Erato street, two hundred and sixty-six feet, measured 115 riverwards from and perpendicular to the south side of Pilie street; at a 116 point twenty-seven feet south of the south side of Gaiennie street, six hundred 117 and sixty-nine feet, measured riverwards from and perpendicular to the lake 118 side of Delta street; at a point six feet north of the north side of Gaiennie 119 street, six hundred and forty-four feet, measured riverwards from and per- 120 pendicular to the lake side of Delta street; at a point seventy-five feet north 121 of the north side of Gaiennie street, six hundred and five feet, measured 122 riverwards from and perpendicular to the lake side of Delta street; at a point 123 thirty-four feet south of the south side of Calliope street, five hundred and 124 seventy-eight feet, measured riverwards from and perpendicular to the lake 125 side of Delta street; at a point three feet south of the north side of Calliope 126 street, five hundred and seventy-four feet, measured riverwards from and 127 perpendicular to the lake side of Delta street; at a point one hundred and 128 eighteen feet south of the south side of Girod street, five hundred and twenty- 129 three feet, measured riverwards from and perpendicular to the lake side of 130 Delta street; at a point twelve feet north of the south side of Girod street, 131 ninety feet, measured riverwards from and perpendicular to the river side of 132 Pilie street; at a point ninety-four feet south of the south side of Lafayette 133 street, one hundred and eighty-eight feet, measured riverwards from and 134 perpendicular to the lake side of Water street; at a point twenty feet north 135 of the south side of Lafayette street, one hundred and sixty-two feet, measured 136 riverwards from and perpendicular to the lake side of Water street; at a point 137 forty-seven feet north of the north side of Gravier street, three hundred and 138 fifty-one feet, measured riverwards from and perpendicular to the lake side 139 of Delta street; at a point three feet south of the north side of Canal street, 140 two hundred and eighty feet, measured riverwards from and perpendicular 141 to the lake side of N. Water street; at a point two feet south of the south side 142 of Customhouse street, two hundred and fifty-four feet, measured riverwards 143 from and perpendicular to the lake side of Wells street; at a point one hundred 144 and two feet south of the south side of Bienville street, one hundred and 145 ninety-eight feet, measured riverwards from and perpendicular to the lake side 146 of N. Water street; at a point seventy-five feet South of the south side of Conti 147 street, two hundred and ten feet, measured riverwards from and perpendicular 148 to the lake side of N. Front street; at a point forty-two feet south of the 149 north side of Conti street, one hundred and sixty-eight feet, measured river- 150 wards from and perpendicular to the lake side of North Front street; at a 151 point one hundred and twenty-six feet south of the south side of St. Louis 152 street, seventy-seven feet measured riverwards from and perpendicular to the 153 lake side of N. Front street; at a point fifty-two feet south of the south 154 side of St. Louis street, sixty-five feet, measured riverwards from and per- 155 pendicular to the lake side of N. Front street; at a point nineteen feet north 156 of the south side of St. Louis street, sixty feet, measured riverwards from 157 and perpendicular to the lake side of N. Front street; at a point seventy- 158 seven feet north of the north side of St. Louis street, sixty-one feet, measured 159 riverwards from and perpendicular to the lake side of N. Front street; at a 160 point one hundred and fifteen feet South of the South side of Toulouse street; 161 one hundred and twelve feet, measured riverwards from and perpendicular 162 to the lake side of Clay street; at a point twenty-seven feet south of the 163 south side of Toulouse street, ninety-four feet, measured riverwards from and 164 perpendicular to the lake side of Clay street; at a point fifteen feet north 165 of the north side of Toulouse street, eighty-one feet, measured riverwards 166 from and perpendicular to the lake side of Clay street; at a point forty- 167 eight feet north of the north side of Toulouse street, seventy-nine feet, measured 474 Power to Borrow and Taac ſº tº Vol. IV Statutory Provisions App. Ill 168 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 sº-sº riverwards from and perpendicular to the lake side of Clay street; at a point one hundred and five feet north of the north side of St. Peter street, ninety- eight feet, measured riverwards from and perpendicular to the lake side of Clay street; at a point one hundred and thirty-seven feet south of the south side of St. Ann street, eighty-nine feet, measured riverwards from and per- pendicular to the lake side of Clay street; at a point sixty feet south of the south side of St. Philip street, ninety-eight feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point twelve feet south of the south side of St. Ann street, eighty-nine feet, measured river- wards from and perpendicular to the lake side of Clay street; at a point thirty-two feet north of the north side of St. Ann street, ninety-five feet, measured riverwards from and perpendicular to the lake side of Clay street; at a point one hundred and fifty feet north of the north side of St. Ann street, ninety-nine feet, measured riverwards from and perpendicular to the lake side of Clay street; at a point one hundred and twenty feet north of the north side of St. Philip street, one hundred feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point one hundred and forty-five feet south of the south side of Ursulines street, one hundred and five feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point ninety-three feet south of the south side of Ursulines street, one hundred and fourteen feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point twenty feet north of the South side of Hospital street, one hundred and forty-seven feet, measured from and perpendicular to the lake side of N. Peters street; at a point seventy-five feet north of the north side of Hospital street, one hundred and forty-eight feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point one hundred and sixty feet north of the north side of Hospital street, one hundred and fifty-two feet, measured river- wards from and perpendicular to the lake side of N. Peters street; at a point sixteen feet north of the south side of Barracks street, one hundred and fifty-one feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point thirty feet north of the north side of Barracks street, one hundred and fourteen feet, measured riverwards from and per- pendicular to the lake side of N. Peters street; at a point forty feet east of the west side of Esplanade avenue, ninety feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point sixty-nine feet west of the west side of Elysian Fields avenue, ninety-eight feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point fifty-eight feet west of the east side of Elysian Fields avenue, one hundred and fourteen feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point five feet east of the east side of Elysian Fields avenue, one hundred and twenty-three feet, measured river- wards from and perpendicular to the lake side of N. Peters street; at a point ten feet east of the east side of Mandeville street, one hundred and twenty- four feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point one hundred and one feet west of the west side of Spain street, ninety-five feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point forty-two feet west of the west side of Lafayette avenue, eighty-five feet, measured riverwards from and per- pendicular to the lake side of N. Peters street; at a point twenty feet west of the east side of Lafayette avenue, eighty feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point thirteen feet west of the east side of Port street, twenty-seven feet, measured river- wards from and perpendicular to the lake side of N. Peters street; at a point four feet west of the west side of St. Ferdinand street, twenty-seven feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point seventy-eight feet east of the east side of St. Ferdinand street, thirty feet measured riverwards from and perpendicular to the lake side of N. Peters street; at a point two hundred and twenty-six feet east of the east side of St. Ferdinand street, twenty-eight feet, measured riverwards from and per- pendicular to the lake side of N. Peters street; at a point three hundred and nine feet west of the west side of Montegut street, twenty-seven feet, measured riverwards from and perpendicular to the lake side of N. Peters street; at a point five feet west of the west side of Clouet street, twenty-seven feet, measured riverwards from and perpendicular to the lake side of N. Peters 475 X: YI New Orleans Studies 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 10 12 13 14 15 street; thence on trestle work, on the outside of the levee, to Kentucky street; thence through Kentucky street to the South side of Florida avenue; thence from the intersection of Kentucky street and south side of Florida avenue, through the south side of Florida avenue to the intersection of Elysian Fields avenue; thence from the intersection of tha south side of Florida avenue and Elysian Fields avenue through the south side of Marigny avenue to the inter- section of Fortin street; thence from the intersection of the south side of Marigny avenue and Fortin street, through private property for a width of sixty feet, which the city of New Orleans shall acquire, to the east bank of Bayou St. John and across the said Bayou St. John; thence from the west bank of Bayou St. John, through Brooks street to the intersection of the said Brooks street and Iberville (formerly Customhouse) street; thence from the intersection of Brooks street and Iberville (formerly Customhouse) street, through private property for a width of sixty feet, which the city of New Orleans shall acquire, to the intersection of Milne avenue, and Taylor avenue; thence from the intersection of Milne avenue and Taylor avenue, through the said Milne avenue to the intersection of Milne avenue and Monroe avenue; thence from the intersection of Milne avenue and Monroe avenue, through Woodcock street to the east bank of the New Basin Canal, and across the said New Basin Canal; thence from the west bank of the New Basin Canal, through private property for a width of sixty feet, which the city of New Orleans shall acquire, to the east bank of the Upper Line Canal; thence along the east bank of Upper Line Canal, to the intersection of Oleander street, the people of the city of New Orleans acquiring such private property as may be necessary to provide a right of way sixty feet wide; thence from the intersection of Oleander street and Upper Line Canal, through Upperline street and along the east side of Upper Protection Levee to the intersection of Hickory street; and thence from the intersection of Hickory street and Upperline street, through Upperline street and along the east side of Upper Protection Levee to the intersection of Leake avenue, the people of the city of New Orleans acquiring private property for a width of forty feet from the said Hickory street to the said Leake avenue. That for any reason or cause it shall be found impossible, impracticable, or inadvisable, at any time prior to the construction of said public belt rail- way, to use any part of the dedication of the public belt double track railway reservation hereinabove made and set forth, said part of said reservation may be abandoned by said public belt railroad commission, and by and with the con- currence and approval of the Council of the City of New Orleans some other reservation may be dedicated and used in lieu of the part of said hereinabove described public belt railroad commission, or any part of the above described reservation, shall have no effect upon the dedication hereinabove made, except insofar as the part of said reservation so abandoned is concerned. That the dedication of the public belt double track railway reservation hereinabove made and set forth, insofar as said reservation may traverse, cross, intersect with or encroach upon territory under the jurisdiction of the Board of Commissioners of the Port of New Orleans, shall not become final until said dedication, insofar as said territory is concerned, shall be ratified and approved by said Board of Commissioners of the Port of New Orleans. Section 5. That section 4 of ordinance No. 147, N.C.S., adopted Auguist 7, 1900, be and the same is hereby amended and re-enacted to read as fol- lows, to-wit: Section 4. That the Cromwell Steamship Company shall not be asked or required to remove its freight shed or depot until the belt railroad herein provided for is in course of construction and such removal is necessary to make room for said public belt railroad; the distance in which said structures are to be removed not to exceed twenty-two feet, exclusive of the overhanging shed; that in order that the Cromwell Steamship Company may not be de- prived of the trackage facilities necessary for handling the business between its ships and the cars of the railway companies, the Public Belt Railway Com- mission is authorized and directed to make an exchange of tracks between Conti streets and a point one hundred and thirty-one feet south of St. Ann street with the Louisville and Nashville Railroad Company by means of switches and cross-over tracks, so that said belt railroad track may be used by the Louis- 476 Power to Borrow and Taa: tº º Vol. IV Statutory Provisions App. l l I : i ville and Nashville Railroad Company next to the river and alongside said Cromwell freight shed, while the belt railroad within said limits shall use the second and third tracks from said shed; provided, that the privilege of making said exchange of tracks shall be revocable at the pleasure of the Council. Section 6. That section 5 of ordinance No. 147, N.C.S., is adopted August 7, 1900, be and the same is hereby repealed. Section 7. That section 8 of ordinance No. 147, N.C.S., adopted August 7, 1900, be and the same is hereby repealed. Section 8. That section 9 of ordinance No. 147, N. C. S., adopted August 2, 1900, be and the same is hereby repealed. Section 9. That a new section be added to ordinance No. 147, N. C. S., adopted August 7, 1900, to be known as section 11, to read as follows, to-wit: Section 11. That there is hereby dedicated and appropriated to the Public Belt Railway Commission of the City of New Orleans, for the purpose of acquiring, by purchase or expropriation, such private property as may be needed to complete the public belt reservation hereinabove described, and for the purpose of owning, locating, maintaining and operating a double track public belt railway system on the public belt railroad reservation herein pro- vided for, in the name of and for the benefit of the people of the city of New Orleans, the sum of ten thousand ($10,000) dollars annually, out of the reserve funds of the years 1906, 1907, 1908, 1909, 1910, 1911, 1912, 1913, 1914, and 1915, said sum to be written by the Council of the City of New Orleans in the annual budgets of said years within the first twenty items of the reserve fund portion of the budgets of expenditures of the city of New Orleans. Section 9. That Section 11 of ordinance No. 147, N.C.S., adopted August 7, 1900, be and the same is hereby repealed. Section 10. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. Adopted by the Council of the City of New Orleans Oct. 4, 1904. MAYORALTY OF NEW ORLEANS City Hall, April 25, 1923 Calendar No. 7602. No. 7352 Commission Council Series AN ORDINANCE granting indeterminate permit to the Algiers Public Service Company, Incorporated, for the operation of ferries on the Mississippi River, (a) from Canal Street on the left, or New Orleans bank of the river, to Morgan Street on the right or Algiers bank of the river, commonly known as the “Canal Street Ferry,” and (b) from Barracks Street on the left, or New Orleans bank of the river, to Oliver Street, on the right, or Algiers bank of the river, commonly known as the “Third District Ferry.” WHEREAS, the franchises granted by the City of New Orleans to the Southern Improvement and Ferry Company and to the Union Ferry Company for the operation on the Mississippi River of the Canal Street and Barracks Street Ferries, respectively, have expired by limitation; and WHEREAS, the Algiers Public Service Company, Incorporated, a corpora- tion organized under the laws of the State of Louisiana and domiciled in the City of New Orleans, has made application to the Commission Council of the City of New Orleans for the right or authority under the form of an indeter- 477 Vol. IV © App. Ill New Orleans Studies minate permit to operate the aforesaid ferries, and said company has acquired, or is about to acquire, all of the boats, property, paraphernalia, equipment and appurtenances belonging to the Southern Improvement and Ferry Company, and used by them or useful in the operation of the Canal Street Ferry System; and WHEREAS, equipment and appurtenances are required for the Third Dis- trict Ferry Service; and additional facilities, boats, property and equipment are necessary for the Canal Street Ferry Service, and are to be installed so as to afford a more satisfactory and efficient operation of the said ferries to meet the needs and growth of the community, now, therefore, public convenience and necessity requiring, and in accordance with the provisions of Act No. 94 of the Legislature of the State of Louisiana, Session 1921; SECTION 1: Be it ordained by the Commission Council of the City of New Orleans, The right and authority, (in the form of an indeterminate permit in accordance with the provisions of Act No. 94 of the Legislature of the State of Louisiana, Session of 1921, and subject to the conditions, stipulations and guarantees hereinafter contained and set forth), is hereby granted to the Algiers Public Service Company, Incorporated, to operate ferries on and across the Mississippi River, (a) from Canal Street on the left or New Orleans bank of the river to Morgan Street on the right or Algiers bank of the river, commonly known as the “Canal Street Ferry,” and (b) from Barracks Street on the left or New Orleans bank of the river to Oliver Street on the right or Algiers bank of the river, commonly known as the “Third District Ferry.” SECTION 2: Be it further ordained, etc., That the indeterminate permit hereby granted shall be subject to the following conditions to wit: (1) The Algiers Public Service Company, Incorporated, shall assume and discharge whatever obligations toward the Southern Improvement and Ferry Company, its successors or assigns, are imposed upon the City of New Orleans or upon the adjudicatees of the privilege of continuing the operation of the Canal Street Ferry by the following provisions of ordinance No. 3956 N. C. S., adopted by the Council of the City of New Orleans, September 4, 1906, and of the contract entered into between the City of New Orleans and the said Southern Improvement and Ferry Company pursuant to said ordinance, said provisions reading as follows, to wit: “The purchaser shall on Dec. 31, 1921, or thereafter at the termination of the lease, should the lease be extended, peaceably leave, surrender and yield the ferry system herein provided for, as also the ferry property and the boats and improvements, with all the rights, privileges and appurtenances thereunto belonging and other fixtures and improvements which may have been erected for the use of said ferry system and the proper maintenance of same, in good order and condition upon payment previously made into the possession of the City of New Orleans or to such purchaser to whom may be adjudicated the privilege for continuing the ferry system, who shall purchase all betterments and improvements, wharves, docks, floats, pavements, ferry boats and houses, and other property of the retiring lessees which were used upon or for said ferry system and actually necessary for the purpose of operating said ferry system at a fair appraised valuation, to be fixed upon by two appraisers, one to be appointed by the said lessee and one to be appointed by the purchaser. 478 Power to Borrow and Taac e ſº Vol. IV Statutory Provisions App. l l I In case of disagreement of said two appraisers, the said appraisers shall appoint an umpire who shall decide between them; and the finding of the majority of said Board of Appraisers shall be binding.” (2) The said Algiers Public Service Company, Incorporated, shall also assume and discharge whatever obligations toward the Union Ferry Company, its successors or assigns, are imposed upon the City of New Orleans or upon the adjudicatee of the privilege of continuing the operation of the Third Dis- trict Ferry, by the following provisions of the contract entered into the City of New Orleans and Thomas Pickles, predecessor of the rights of the Union Ferry Company, in pursuance of Ordinance No. 11, 110 C. S., for the operation of the Third District Ferry, said contract and ordinance being recited in full at Article 688, Flynn's Digest of City Ordinance, and said provisions reading as follows, to wit: “The purchaser of this franchise shall, on the last day of his lease, or at the termination of any extended time, peaceably leave, surrender and yield the said ferries, and also the said ferry property and boats and im- provements, with all the rights provided and appurtenances thereunto belonging, and other fixtures and improvements which may have been erected for the use of said ferries and the proper maintaining of the same, in good order and con- dition, into the possession of the City of New Orleans, or to such party or parties to whom may be adjudicated the privilege for continuing the ferries shall purchase all betterments and improvements, wharves, docks, floats, pave- ments, ferry houses and other property of the retiring lessee which was used upon and for said ferries, and actually necessary for the purpose of operating said ferries, at a fair appraised valuation to be fixed by two appraisers, one to be appointed by the said lessee, and one to be appointed by the lessor. In case of disagreement of said two appraisers, the said appraisers shall appoint an umpire, who shall decide between them, and the finding of the majority of said board of appraisers shall be binding.” SECTION 3: Be it further ordained, etc. That the indeterminate permit hereby granted shall also be subject to the following conditions, to wit: (a) The grantee shall make or provide, as hereinafter specified, all the equipment, paraphernalia, improvements and facilities and shall comply with all stipulations and conditions hereinafter set forth by specifications, enumeration or otherwise. (b) The City of New Orleans shall have a perpetual option to purchase from the grantee, its successors or assigns, the properties, equipment, para- phernalia and improvements owned by them and used or useful for the pur- pose of operating the ferry systems herein provided for, respectively, at a price equal to the valuation for rate-making purposes of said properties, equipment, paraphernalia and improvements at the time the city shall exercise its option to purchase, said valuation to be ascertained and determined in the manner hereinafter set forth. (c) The Board of Commissioners of the Port of New Orleans shall accept, by proper legal resolution, and shall comply with the stipulations and obliga- tions imposed upon said Board by this Ordinance. SECTION 4: Be it further ordained, etc., That, any violation of any of the conditions of this indeterminate permit shall be sufficient cause, and grounds for forfeiture of said permit, in which event and for other legal cause, the City of New Orleans may sue for the forfeiture, cancellation or revocation of 479 X: yI New Orleans Studies said permit, or at its option may sue for the enforcement of said permit with damage suffered, if any. SECTION 5: Be it further ordained, etc., That this permit shall continue in full force until and unless the City shall exercise its option to purchase the property, equipment, paraphernalia and improvements, or until the permit shall be terminated otherwise according to law. SPECIFICATIONS: SECTION 6: Be it further ordained, etc., That the grantee shall make the improvements hereinafter specified, and in addition thereto shall obtain preferential use from the Board of Commissioners of the Port of New Orleans of a complete new ferry terminal at the Canal Street landing. The said Board of Port Commissioners, hereinafter designated as the “Dock Board,” hereby agrees and binds itself to the grantee and the City of New Orleans to make the fol- lowing FERRY TERMINAL IMPROVEMENTS without unnecessary delay, to wit: The Dock Board is to build and construct at a point adjacent to the upstream end of the Bienville Street Shed, the designated location of the land- ing for the Canal Street Ferry, the following FERRY TERMINALS, structures and equipment to be used for ferry purposes: (a) A ferry house, enclosed sheds, and roadways within the building lead- ing to the ferry landing and approaches. (b) Bridges, shore connections, pontoons, gangways for passengers and vehicular traffic, and all piling as per plans and specifications by the Engineers of the Dock Board. - The said ferry terminals are to be built and erected by the Dock Board solely at its own expense, and to cost approximately ONE HUNDRED THOU- SAND DOLLARS ($100,000.00) and when completed, said Dock Board shall own said ferry terminals and said terminals shall be used for ferry purposes. The Algiers Public Service Company, Incorporated, its successors or assigns, shall have preferential use of said ferry terminals during the life of this permit known as the “CANAL STREET FERRY,” operating across the Mississippi River to the right bank, under the following conditions and stipulations (and in the event of the termination of this permit for any cause or reason the City of New Orleans shall have such preferential use of said terminals under the same terms and conditions as contained in this permit) viz: the Algiers Public Service Company, Incorporated, do by these presents, agree to use and occupy the said ferry terminals, approaches, bridge or bridges, gangways, slips, pontoons, equipment and structures, etc., for the operation of a system of ferries at said point or location, and to pay the said Dock Board for the preferential use and occupancy of said property as follows: 1. As a depreciation fund to amortize said property, three and one-third (3%) per cent for thirty (30) years on the said total amount invested by the said Dock Board. 2. In addition thereto the said Algiers Public Service Company, Incor- porated, is to pay the said Dock Board for the preferential use of said improve- ments a sum annually equal to five (5) per cent of the total amount invested by said Dock Board, after deducting each year from the remaining total of 480 Power to Borrow and Taa, © tº Vol. IV Statutory Provisions App. l l I said investment the amount realized from the three and one-third (3%) per cent of the original investment. It is agreed and understood that at the expira- tion of thirty (30) years, that if the said company or its assigns operates a ferry, that there shall be a readjustment of the charges for preferential use of said buildings and improvements; it being distinctly understood that at the end of said thirty (30) years, full consideration and allowance will be given by said Dock Board for the amortization funds paid to them under the terms of this ordinance, and it being understood that the ownership of the property shall still be vested in the Dock Board. The payments shall be made monthly, or at such time as may be mutually agreed upon between the Dock Board and the Algiers Public Service Company, Incorporated. The said preferential use of the said ferry terminals, for ferry purposes, granted by the Dock Board to the Algiers Public Service Company, Incor- porated, shall exist and remain in full force and effect as long as said Algiers Public Service Company, Incorporated, its successors and assigns, shall have the right to operate said ferry systems. And, it is further well understood that the Algiers Public Service Company, Incorporated, is obligated to maintain said property and pay all necessary operating expenses and charges to the satisfaction of the Dock Board, and that they will maintain said buildings and improvements in good order, condition and repair. That said Company will take out fire, flood and storm insurance at the said ferry company's cost, said insurance being an amount equal to the cost of the replacement of the property. Such property as is constructed by the Dock Board shall be at all times open to the inspection of their representatives. In the event of the failure, or refusal or neglect of said Algiers Public Serv- ice Company, Incorporated, to so keep and maintain said ferry house and appur- tenances thereto in good order and condition and repair, the Dock Board re- serves the right to make such repairs at the cost of the Algiers Public Service Company, Incorporated. The said Dock Board is to retain the title and ownership of said improve- ment for all times. It is well agreed and understood that there is no liability on the part of the said Board of Commissioners of the Port of New Orleans for any injury or damage sustained to any person, firm or corporation by reason of the ferry company's failure to keep such buildings and improvements in thorough repair. FERRY HOUSES : Within sixty (60) days after the New Canal Street landing is completed and ready for service, the Algiers Public Service Company, Incorporated, shall, at its own expense, remove the present existing ferry house, as well as all piling and other structures now used in connection with the ferry operating at this point. At the Morgan Street landing, the Algiers Public Service Company, Incorporated, shall, within six months from the date of [sic.] of this permit, takes effect, build a new combined ferry house and office building estimated to cost about Ten Thousand Dollars ($10,000.00), the plans of which are to be submitted to the City Engineer for approval. At the Barracks Street and Oliver Street land- ings the Algiers Public Service Company, Incorporated, shall within six (6) months from the date this permit takes affect, build new ferry houses at an estimated cost of Two Thousand Dollars ($2,000.00) each. 481 X; 'ſ New Orleans Studies LANDINGS: The landing facilities that are to be provided by the Board of Commis- sioners of the Port of New Orleans at Canal Street shall be of such character as to conduct pedestrian traffic to the upper deck of the ferry boats. The present landings at Morgan Street must be adjusted to conform with this new method of handling passengers. The landings at Barracks Street and at Oliver Street are to be rebuilt in their entirety. SHORE CONNECTIONS: The connections between the pontoons and the shore shall be approxi- mately a ten (10) per cent grade at low water. At the Canal Street Landing the Board of Commissioners of the Port of New Orleans shall place one (1) or more double decked bridges of one or more spans. Vehicles will travel on the lower deck and foot passengers on the upper. The clear width of roadway provided for shall be fourteen (14) feet if a single line of traffic is to be carried on each bridge. In the event of two lines of traffic being carried on the same bridge, the clear width shall be twenty-four (24) feet. The bridge or bridges at this landing shall be designed to carry in addition to their own weight, and that of the floor, a moving load both uni- form and concentrated as specified below, placed so as to give the greatest stress in each part of the structure. For the floor and its supports, on any part of each roadway, a concentrated load of fifteen (15) tons (and in the event of a double roadway, being used on one bridge, two concentrated loads of fifteen (15) tons to be applied abreast of each other) and upon the remaining portion of the floor a uniformly dis- tributed load of eighty (80) pounds per square foot, for the trusses, one hun- dred (100) pounds per square foot on the entire floor area, plus seventy-five (75) pounds per square foot for the passenger load on the upper deck. At the Morgan Street Landing, the existing passenger gangways may be used after adjustments have been made to the supporting piles to permit dis- charging and receiving passengers at the level of the upper deck of the ferry boats. The vehicular gangway at Morgan Street shall consist of two bridges, each to serve a line of traffic in one direction only. These bridges shall each consist of three (3) spans, approximately sixty-five (65) feet long and with a clear width of roadway of fourteen (14) feet. The loading requirement shall be for the floor system a concentrated load of fifteen (15) tons, and upon the remaining portion of the floor a uniformly distributed load of one hundred (100) pounds per square foot. For the trusses, one hundred (100) pounds per square foot applied to the total floor area. The shore connections at the Barracks and Oliver Streets Ferry shall be confined to a single bridge of three (3) spans, measuring approximately sixty- five (65) feet each, at each respective landing, to give an approximate gradient of ten (10) per cent. The bridges at these landings shall be approximately sixteen (16) feet in width, a portion of which shall be partitioned and roofed over for the use of passengers. The loading requirements shall be the same as specified for the structures of the Morgan Street Landing. Entirely new shore connections, structures and piling clusters must be constructed at both landings of this ferry. All piling clusters and other timbers or parts of structures at the existing landing that may be abandoned, or that may be unfit for use, are to be 482 Power to Borrow and Taa: - © Vol. IV Statutory Provisions App. l Il removed. All new piling used shall be creosoted. In case of pilings so located that their frequent renewal is likely to follow as the result of hard usage rather than decay, untreated piling may be used. Creosoted pilings in existing struc- tures at the various ferry landings and that are in good condition and of sufficient length, may be reused. PONTOONS: The two pontoons of the landings of the Canal Street Ferry System shall be of standard steel barge construction, flat bottom with rounded knuckles and symmetrical with request to both transverse and longitudinal axis. They shall measure not less than one hundred and twenty (120) feet long and forty (40) feet wide and be approximately seven (7) feet deep, ballasted with sand or other material to such free board as will conform to the dock elevation of the ferry boats when carrying an average load. They shall not have less than four (4) continuous transverse water-tight bulkheads and not less than two (2) water-tight longitudinal bulkheads. The deck and floor framing shall be transverse and the transverse framing lines shall be open at intervals of thirty (30) inches. The lower decks of the pon- toons shall be steel plating and covered or surfaced with a timber flooring at least four (4) inches in thickness over such portion as will be used by traffic. The skin-plating and deck plating shall not be less than six (6) frames in length, except for closures, and not less than five-sixteenths (5/16) in thickness. All steel plates and shapes must be of railway bridge steel and conform to the standard requirements of the American Society for Testing Materials. All riveting and caulking shall be done in the first class and thoroughly work- manlike manner and shall be given such tests as may be required by the United States Inspection Service. All work on pontoons must pass this inspection on completion. The upper deck shall be rigidly supported or connected to the lower framing system, but in such manner as not to unduly obstruct or inter- fere with the vehicular traffic that will use the lower deck. The distance be- tween decks shall conform as nearly as practicable to the similar distance on the ferry boats, but with closer adherence to that particular dimension on the new boats. The upper deck of the pontoons shall be of yellow pine, tongue and grooved, of standard dimensions and construction and shall be roofed in such manner as to protect passengers from sun and rain. Reinforced concrete pon- toons may be substituted if they conform on size and strength with the other general requirements stated for the steel pontoons. The pontoons at the Bar- racks Street and Oliver Street Landings are to be of the floating wharf type. The pontoons of the present Canal Street Ferry system shall be thoroughly overhauled and repaired by the Algiers Public Service Company, Incorporated, to the satisfaction of the United States Steamboat Inspection Service, within sixty (60) days from the date this permit takes effect. When so repaired, these pontoons are to be maintained and kept in such manner and are to be moved to the two terminals of the Barracks Street Ferry. BOATS: The Algiers Public Service Company, Incorporated, shall, within twelve (12) months from the date this permit takes effect, furnish and thereafter maintain four (4) boats in serviceable condition; one to be in continuous operation day and night, and one to be in operation daily from 6 A. M. to 12 483 X: Y | New Orleans Studies midnight, both of which shall operate at the Canal Street crossing; one to be in operation daily from 5 A. M. to 9 A. M. at the Barracks Street crossing, and one to be tied up, available for emergency service at either of the two river crossings above referred to. This requirement as to boats and as to schedule is subject to a reasonable change or modification by the Commission Council whenever in its opinion such changes are necessary for more efficient service. The Algiers Public Service Company, Incorporated, shall install one (1) new ferry boat of the size hereinafter designated, to be ordered not later than ninety (90) days after this permit takes effect, the same shall be ordered simultaneously with the delivery of the first boat. Both of these boats are to be placed in service at the Canal Street crossing. The ferry boats “Thomas Pickles” and “A. M. Halliday” are to be put and maintained in first class condition as to repairs. The “Josie” is to be discarded as soon as the new boat is put into service. The overall dimensions of the new ferry boats shall be not less than one hundred and fifty (150) feet long, nor less than sixty-five (65) feet wide. They shall be of steel construction, except the upper cabin, upper deck and pilot house, which may be of wooden construction. The lower deck shall be of oak, not less than three (3) inches thick on steel deck beams. The ferry boats shall be of the Catamaran type. The hulls shall be of staunch construction, of first class material and workmanship throughout and in accordance with the specifications and regulations of the United States Local Inspector's Bureau “for river steamboats.” They shall be constructed with not less than six (6) water-tight compartments, each hull. The upper deck shall be of sufficient dimensions to carry five hundred (500) persons comfortably and safely. The structural framing of the hull and cabin and the decks shall be designed with sufficient strength for the loading peculiar to the service desired, and shall pass a rigid inspection by the United States Inspector's Bureau for river steam boats, which shall be advised that this is a condition of the permit assumed by the Algiers Public Service Company, Incorporated. The propelling machinery shall be of such design and of such capacity as may be required to give the boats when working under average conditions the necessary speed to comply with the schedule. The machinery shall be enclosed in the minimum space so that the maxi- mum accommodation may be afforded vehicles on the lower deck. The boats shall be at all times kept in first class order and repair, and equipped with a full complement of fire prevention devices, complying with the usual requirements of the United States Steamboat Regulations. APPROVAL OF PLANS Plans for boats shall be submitted to the City Engineer for approval. Plans for pontoons, bridges, gangways and ferry house shall be prepared by the engineers of the Dock Board and submitted to the City Engineer for approval as to their safety and for the comfort of the public. LIGHTING: THE FERRY HOUSES, the pontoons, the vehicle gangways, the passenger gangways and the ferry boats shall be properly lighted by electricity to the satisfaction of the City Electrician and the Louisiana Fire Prevention Bureau. 484 Power to Borrow and Taac e e Vol. IV Statutory Provisions App. l Il The above specifications are intended to give in general terms the require- ments desired. These specifications are in no sense exclusive but are merely illustrative. Nothing in them is to be so construed to prevent the engineers for the Dock Board from using their best judgment in the development of the plans for these improvements and ferry terminals. SECTION 7: Be it further ordained, etc., The valuation for ratemaking (rate base) of the properties, equipment and paraphernalia to be used in the operation of the Canal Street Ferry and the Third District Ferry shall be of such sum as may be expended by the Algiers Public Service Company, Incor- porated, with the approval of the Commission Council, for the properties, equip- ment and paraphernalia appertaining to the operation of the said ferries, respec- tively; to such sum shall be added (1) such cost of new construction and such other expenditures as may be approved by the Commission Council and charge- able to capital of investment account under such standard classification of public utility accounting as may be approved by the Commission Council, and (2) such amount as may be necessary working capital as determined and approved by the Commission Council from time to time; and from such sum shall be deducted the then cash value of any property of any description that in the future for any reason shall be disposed of by the above mentioned com- pany or its successors, as well as such other amounts as should be deducted from the capital or investment account under the standard classification of public utility accounting to be approved by the Commission Council. SECTION 8: Be it further ordained, etc., Fares and charges for the various services shall be such as to produce a net revenue (after operating expenses, taxes and adequate renewal and replacement and other reserves necessary to maintain the operating efficiency of the property at all times, shall have been provided for) equivalent to nine (9) per cent per annum, allowable rate of return on said rate base during twelve (12) months' test period subject to revision by ratemaking body thereafter. If a greater amount than the allow- able 9 per cent return on the rate base is earned, said excess amount shall be used for the reduction of fares. The Commission Council shall, under its regu- latory power, make such rules in respect to service and operation as may be necessary or proper and it will at all times require the properties to be efficiently and economically managed and operated. Immediately upon the discontinuance of the present system of operation of the Algiers ferry service the following rates and charges and schedules will be adopted as a test for a twelve (12) months' period: Each foot passenger, paying cash fare, five—5 cents Each foot passenger, paying ticket rate, one—1 ticket Tickets shall be sold at the rate of three (3) tickets for ten (10) cents— and ten (10) tickets for twenty-five (25) cents. The grantee shall carry, to and fro, free of charge, the following: 1. School children in accordance with the provisions of Section 10 of Act No. 120 of 1916 of Louisiana. 2. Members of the Police and Fire Department of the city, while on duty, in uniform, and fire engines and City wagons. 3. The working and repair crews of the Sewerage and Water Board while actually on duty. 485 Vol. IV © X. ||| New Orleans Studies 4. Charity wagons and Charity Hospital Ambulances. 5. Wagons and crews of the municipal Repair Plant while actually on duty. For every passenger on horse or mule back, both inclusive, two (2) tickets or ten (10) cents. For every head of cattle, horse or mule, two (2) tickets or ten (10) cents. VEHICLES: For every vehicle when drawn by one horse or mule, twenty (20) cents. For every vehicle, except loaded floats or cotton wagons, drawn by two horses, or horse kind, whether loaded or unloaded, forty (40) cents. For every vehicle drawn by three or more horses, or horse kind, whether loaded or unloaded, eighty (80) cents. - For every loaded float or cotton wagon, eighty (80) cents. For every two-wheeled vehicle (jumper) one horse, fifteen (15) cents. For every two-wheeled vehicle loaded with lumber, twenty (20) cents. For every tallyho drawn by one horse carrying not more than four pas- sengers, twenty cents (20). For every tallyho drawn by two horses, carrying not more than six (6) passengers, forty (40) cents. Each vehicle shall be entitled to have one driver and one helper accom- pany it for the tariff hereinabove prescribed. TRUCKS: For every truck: Two-ton, loaded or otherwise, forty (40) cents. Three-ton, loaded or otherwise, sixty (60) cents. Four-ton, loaded or otherwise, seventy (70) cents. Five-ton, loaded or otherwise, eighty (80) cents. For every auto truck capable of transporting heavy machinery, eighty (80) cents. Each delivery car or truck shall be entitled to have one (1) driver and one (1) helper accompany it for the tariff hereinabove prescribed. AUTOMOBILES: For every automobile capable of accommodating two passengers, twenty (20) cents. For every automobile capable of accommodating five (5) passengers, thirty (30) cents. For every automobile capable of accommodating seven (7) passengers, fifty (50) cents. For every automobile capable of accommodating eight (8) passengers, sixty (60) cents. 486 Power to Borrow and Taac Vol. IV Statutory Provisions App. iii For each passenger in excess of the ordinary capacity of any automobile as described above, one foot passenger fare. Tickets for automobile fares shall be sold in lots as follows, to wit: Ticket Fares Description Cash Fare Price Each Minimum Amount Sold 2-pass. Auto. .20% .1515¢ $ 5.00 (33 for $5.00) 5-pass. Auto. .30% .20% $10.00 7-pass. Auto. .50% .40% $10.00 For every Auto- mobile, retail delivery car, or one ton truck .20% .1515¢ $ 5.00 (33 for $5.00) FREIGHT: For freight less than one hundred (100) pounds in one (1) package, five (5) cents. For freight more than one hundred (100) pounds and less than two hun- dred (200) pounds, one package ten (10) cents. For every sack of coffee, salt, flour, potatoes, buckwheat, barley, beans, wheat, corn, oats, cornmeal, turnips, apples, etc., or articles in casks, bags or boxes, not exceeding three (3) cubic feet, or box of dry goods or merchandise over three (3) and not exceeding ten (10) cubic feet, two (2) tickets or ten (10) cents. For articles not enumerated, corresponding rates may be charged, and for heavy spars, machinery, boilers, etc., of unusual dimensions, bulk or weight, such fares shall be charged as may be agreed upon. No freight will be received aboard boats if package weighs more than two hundred (200) pounds, and no freight will be received that will delay the ferry and prevent keeping of schedule. SECTION 9: Be it further ordained, etc., That the boat schedules shall be as follows (wind, weather and traffic permitting): Canal Street Ferry: On all days including Sundays, between the hours of 6 A.M. and 12 midnight, two (2) large boats are to run leaving either side of the river every ten (10) minutes, each boat thus making at regular intervals three (3) round trips per hour. Between 12 midnight and 6 A.M., one boat shall operate, leaving either side of the river every ten (10) minutes, making at regular intervals three (3) round trips per hour. Barracks Street Ferry: (Third District Ferry): On all days including Sundays, one (1) boat shall operate from 5 A.M. to 9 P.M., leaving either side of the river every ten (10) minutes thus making at regular intervals three (3) round trips per hour. SECTION 10: Be it further ordained, etc., That the indeterminate permit herein granted shall embrace the privilege or right to operate a system of ferries on that part of the Mississippi River lying between the head of Calliope Street and the head of Louisa Street on the left descending bank, and between the Orleans-Jefferson Parish lines and the head of Hendee Street on the right de- scending bank. The City reserves the right to require the grantee to install additional ferry service within said points whenever it has been logically deter- mined that public convenience and necessity require the same. SECTION 11: Be it further ordained, etc., That the books of accounts of the grantee shall be kept in accordance with a standard accounting system 487 X: y I New Orleans Studies applicable to similar utilities and approved by the Commission Council. Monthly reports showing details of the operation, revenues, expenses, resources and lia- bilities of the grantee shall be filed with the Commission Council and made public documents subject to public inspection in the Office of the Commissioner of Public Utilities. The accredited representatives of the City shall have access at all reason- able times to the books of accounts and records of the grantee, and also to its physical property. SECTION 12: Be it further ordained, etc., The Algiers Public Service Company, Incorporated, which will operate the within described ferry system shall be organized under the laws of the State of Louisiana. The total par value of the outstanding securities of the new company in the form of Capital Stock, funded debt and other evidence of debt having greater than twelve months maturity (less deductions for unamortized discount on said securities, sold with the approval of the Commission Council) shall never exceed the rate base deter- mined as defined in Section 7 hereof. No Securities of the Company shall be issued without the previously ob- tained consent and approval of the Commission Council. The obligations of the Dock Board under this ordinance shall be subject to all the conditions imposed by existing laws. SECTION 13: Be it further ordained, etc., That the indeterminate permit granted by this ordinance shall be accepted by the Algiers Public Service Com- pany, Incorporated, within ten days after the passage of this ordinance and the said Algiers Public Service Company, Incorporated, shall begin operations there- under within thirty days after such acceptance. Adopted by the Commission Council of the City of New Orleans, April 25th, 1923. NEW ORLEANS ORD INANCE No. 12,183 COMMISSION COUNCIL SERIES Mayoralty of New Orleans. City Hall, May 22, 1930. Calendar No. 12,709. AN ORDINANCE creating a Commission to be known as the PONTALBA BUILDING CULTURE MUSEUM COMMISSION, fixing its powers and duties defining its purpose and functions. Whereas, there has been dedicated to the City of New Orleans by the Pontalba Building Museum Association, Inc., the property known as the Upper Pontalba Building facing Jackson Square in the Square bounded by St. Peter, Decatur, Jefferson and Chartres Street, and Whereas, the said building was dedicated to the City of New Orleans for the purpose of preserving for posterity, and as a Historical Museum and as a monument and reminder of the past romantic history of the City of New Orleans, and Whereas, the Commission Council believes it to the best interests of the City of New Orleans and for the better carrying-out of the purposes for which said donation was made, that an administrative Commission be created com- posed of citizens who shall administer the property for the City of New Orleans, to carry out the laudable purposes of the said donation. Section 1. Therefore, be it ordained by the Commission Council of the City of New Orleans, that there be, and there is hereby created a Commission 488 Power to Borrow and Taa’ e e Vol. IV Statutory Provisions App. I li to be known as the Pontalba Building Culture Museum Commission of the City of New Orleans. Section 2. Be it further ordained, etc., that this Commission shall consist of not less than three, nor more than thirty-three adult citizens, residents of the City of New Orleans, who shall be taxpayers and qualified voters, who shall be selected and appointed by the Mayor of the City of New Orleans as herein- after provided; provided that the Mayor of the City of New Orleans shall always be an ex-officio member of said Commission. Section 3. Be it further ordained, etc., that the members of said Commis- sion shall be appointed by the Mayor with the advice and consent of the Com- mission Council. The members constituting said Commission shall be appointed to serve terms of one, two, three, four or five years as fixed by the Mayor in his discretion. In naming the members to serve on this Commission, the Mayor shall designate the Chairman thereof, and the terms of each member of the Commission. All members of the Commission shall hold office until their suc- cessors shall be appointed and qualified. Vacancies for the unexpired portion of any term shall be filled in the manner provided for the original appointment of members. Section 4. Be it further ordained, etc., that the Commission, when formed, shall elect from among its members, such officers as they deem necessary, pro- vided, however, that the Executive Secretary of the Commission may or may not be a member of the Commission. The City Attorney shall be ex-officio the Attorney for said Commission. Said Commission shall have power to designate and appoint from among its members, various committees with such powers and duties as the Commission itself may have and prescribe. The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs and for the custody and control of the Upper Pon- talba Building Culture Museum, as are not inconsistent with the Ordinances of the City of New Orleans and the laws of the State of Louisiana, and it may select and employ such necessary persons to carry out the purposes for which the Commission is created. Section 5. Be it further ordained, etc., that annually the members of the Commission shall hold an election on the day fixed for the purpose of electing from among its members, officers of the Commission who shall serve for one year, or until their successors have been duly selected, elected and qualified, with the exception of the Chairman of Commission, who shall remain Chairman thereof, during his tenure of office as Chairman of the Commission. The mem- bers of the Commission shall serve without compensation, except in the case of the Executive Secretary, whose compensation shall be fixed by the Mayor. The Commission shall meet at least quarterly, during the year, but other meetings may be held at any time by the Commission on the written request of any three members thereof, or on the call of the Chairman of the Commission or the Mayor of the City of New Orleans. The Commission shall make quarterly reports to the Mayor and the Commission Council, containing a statement of its activities. It shall make its recommendations for the future, but recom- mendations may be made by the Commission Council to said Commission at any time. Said Commission shall submit annually to the Commission Council a budget of its financial and other requirements for the ensuing year, which shall be approved by the Commission Council. Such annual reports shall be submitted to the Commission Council not later than the first day of November of each year. All funds collected by or from the use of the Upper Pontalba Buildings shall be deposited in a special account to be known as the “Upper Pontalba Building Culture Museum Account,” and all funds so received shall be turned over to the Commissioner of Public Finances to be placed in said special account. All expenditures made by the Commission shall be by warrant drawn on the Commissioner of Public Finances, to be charged against the special account hereinabove referred to, and any and all funds over and above that which is necessary to pay the indebtedness due on the property, and to maintain and operate the said Upper Pontalba Museum Building shall be trans- ferred to the General Fund of the City of New Orleans, at the end of each fiscal year. The records of the Commission shall be open to public inspection as provided by law. 489 X: Y | New Orleans Studies : Section 6. Be it further ordained, etc., that the Commission hereinabove created, shall have power and authority to act in an administrative capacity in the preservation, conduct and management of the Upper Pontalba Building gººm as contemplated by the terms of the donation hereinabove set forth. Section 7. Be it further ordained, etc., that the Commission herein created is hereby prohibited from making any contracts with reference to the mainte- nance, repair or operation of the Museum Building, except to the extent that the monies necessary to pay therefor, shall be budgetted for such purposes by the Commission Council, and all contracts for operation, maintenance and repair, in excess of Five Hundred Dollars, shall be let in the manner provided for in Section 60 of the Charter of the City of New Orleans. Adopted by the Commission Council of the City of New Orleans, May 20, 1930. W. P. BRAND, Asst. Clerk of Commission Council. Approved May 22, 1930. T. S. WALMSLEY, Mayor. A True Copy: D. E. KNOWLES, Secretary to the Mayor. NEW ORLEANS ORDINANCE NO. 12,963 COMMISSION COUNCIL SERIES, CALENDAR NO. 13,514 AN ORDINANCE amending Ordinance No. 12,183 Commission Council Series adopted May 22, 1930, changing the name of the Pontalba Building Culture Museum Commission to the Upper Pontalba Building Commission. Section 1. Be it ordained by the Commission Council of the City of New Orleans, That Section one of Ordinance No. 12,183 Commission Council Series, adopted May 22, 1930, be and the same is hereby amended for the purpose of changing the name of the Commission created by Section 1 of said Ordinance, therein designated as the Pontalba Building Culture Museum Commission, to be hereafter known as the Upper Pontalba Building Commission. Section 2. Be it further ordained, etc., That in all other respects the provisions of Ordinance No. 12,183 Commission Council Series, be and the same is hereby ratified, approved and continued in effect. Adopted by the Commission Council of the City of New Orleans, March 31, 1931. THOMAS J. HILL, Clerk of Commission Council. Approved March 31, 1931. T. S. WALMSLEY, Mayor. A True Copy: D. E. KNOWLES, Secretary to the Mayor. PROPERTY TAXPAYERS’ PETITION To the Honorable Mayor and Council of the City of New Orleans: The undersigned property taxpayers of the city of New Orleans hereby petition you to levy upon all the property of this city a special tax of two mills per annum for forty-three years, beginning with and including the year 1899. The proceeds thereof shall be applied in such ratio as may be required to the follow- ing purposes of permanent public improvement, to wit: (1) To acquire title by the city, by construction or purchase, or both, to a system of waterworks; to the extension thereof throughout the city, inclusive 490 Power to Borrow and Taac e - Vol. IV Statutory Provisions App. l Il of the Fifth District; and to the purification of the water supply therefrom. (2) To the construction throughout the city, inclusive of the Fifth District, of a free sewerage system, with free water therefor; the title whereof shall be in the city. (3) To the completion of the public drainage system of the city of New Orleans, inclusive of the Fifth District, now in process of construction. We further petition that the council will, as soon as possible after this tax is voted, obtain legislative and constitutional authority to capitalize on the basis of the present assessment the whole proceeds of this special tax, added to the proceeds on the same basis of one-half the surplus of the present 1 per cent. debt tax (already dedicated by law to drainage purposes), by issuing bonds dated July 1, 1900, having fifty years to run, bearing not more than 4 per cent. interest, and to be sold only as needed, at not less than par and accrued interest, so that all these works may be completed immediately, and that the interest on said bonds after 1942, and the whole principal thereof, shall be paid after said date by the continuation thereafter of the present 1 per cent. debt tax. We further petition that, if the assessed value of the city shall in the future increase to such a figure as to make one-half the surplus of said 1 per cent. debt tax sufficient to pay the whole or the larger portion of the interest on the bonds so issued, then that in all such years there shall be a corresponding diminution in the amount of such special tax. We further petition that the issuance and sale of said bonds shall be placed under the supervision and control of the board of liquidation of the city debt, and that the proceeds of said tax shall be paid over as collected to said board. We further petition that when said special tax is voted the council will organize a “Sewerage and Water Board,” to be composed of the drainage com- missioners and a taxpayer from each of the seven municipal districts, to be appointed by the mayor, with the consent of the council, or elected by the property taxpayers for terms not exceeding twelve years, for the purpose of constructing, controlling, maintaining, and operating said water and sewerage systems. We further petition that at the election called to take a vote on said tax the council will submit to the property taxpayers the question as to how said seven commissioners shall be named, whether by election by the property tax- payers or by appointment by the mayor, with the consent of the council; and, if the majority in number and amount of those voting at said election shall select either of said methods, then the council shall embody the method so selected in the ordinance levying the tax, and seek legislative and constitutional authority for such method of election; and in case the majority, both in num- ber and amount, voting at such election, do not select either one of said methods, then the mayor shall appoint said commissioners, with the approval of the council, in such manner that the term of one commissioner shall expire every two years; and until such board can be fully organized we petition that the present drainage commission shall perform the duties of said board. We further petition that the contract for the above work shall be let in such manner as to cover the whole city, the Fifth District included, at the same time, and be prosecuted in such manner that it shall be completed through- out the city, the Fifth District included, as far as possible, at the same time. We further petition that, if the city cannot get proper legislative and con- stitutional authority to issue the bonds aforesaid prior to January 1, 1901, then that said special tax shall thereafter cease and determine, and the proceeds of said tax for the years 1899 and 1900 shall be paid over to the drainage com- mission, to be used for drainage purposes. 491 APPENDIX IV SUMMARY OF THE PROVISIONS OF THE CONSTITU- TION OF 1921 AS AMENDED RELATING PARTICULARLY TO NEW ORLEANS INTRODUCTION Because of the large number of provisions of the pres- ent constitution which concern New Orleans only, except New Orleans from their terms, or otherwise give special consideration to New Orleans, it is believed that the follow- ing index will be of value in facilitating the disposition of matters relating to New Orleans in a new constitution. The most complicated provisions concerning New Orleans, i.e., those related to Article X, Section 3 have been thoroughly treated above. However, there are many minor instances of special consideration for New Orleans which have been considered in connection with other provisions of the Projet. This index will serve as a guide in locating the provision of the Projet in connection with which each should be con- sidered. [For the location of these provisions in the Notes and Studies see “Concordance” in this volume.—Ed.] 495 Consider in Con- Constitution of nection with Follow- 1921 as amended Subject Matter ing Sections of Projet Art. Sec. - Art. Sec. III 2 Each ward of city of New Or- III 5 leans to have at least one rep- resentative in the House of Representatives. 3 No parish, except the parish of III 6 Orleans, to be divided in the formation of a senatorial dis- trict. 4 Apportionment of senators— III 7 districts in New Orleans de- fined. 5 Apportionment of representa- III 8 tives—number of representa- tives assigned to each of the various wards of New Orleans. 9 The seat of any member of the III legislature who changes his VII residence from the district or parish or ward of the parish of Orleans which he represents is thereby vacated. IV 12 Authorizes New Orleans to IV 11 transfer certain property to the Orleans Parish School : Board. VI 16 Board of Commissioners of the XIII 5 (D), 5 (E), Port of New Orleans—power and 5 (G) to borrow money, etc. XV 16.1 Board of Commissioners of the XIII 5 (E) Port of New Orleans—powers in re 1 at i on to Navigation Canal. 16.2 Board of Commissioners of the XIII 5 (F) Port of New Orleans—powers in re 1 at i on to Navigation Canal. 16.3 Board of Commissioners of the XIII 5 (F) Port of New Orleans—Section 16.2 declared self-operative. 16.4 Board of Commissioners of the XIII Deletions Port of New Orleans—legisla- ture may confer additional power. 17. Board of Commissioners of the XIII 5 (A) and Port of New Orleans—mem- 5 (C) bership and organization. 497 Vol. IV App. IV New Orleans Studies Constitution of 1921 as amended Art. Sec. VI-A 5 VII 12 13 14 31 43 Subject Matter Use of part of proceeds of highway tax for se r vic in g bonds of the Port of Commis- sioners of New Orleans. Supreme Court, Court of Ap- peal and district judges, “in- cluding judges of the Civil and Criminal District Courts in the parish of Orleans,” may issue writs of habeas corpus, etc. Retirement of judges of the Supreme Court, Courts of Ap- peal, “including the Court of Appeal for the Parish of Or- leans,” District Courts, “in- cluding the Civil and Criminal District Courts for the Parish of Orleans,” City Courts of Record, and Juvenile Courts. Supreme Court districts—Or- leans part of First District. Supreme Court may appoint a lawyer to act as judge of the Juvenile Court for the parish of Orleans. District judges when assigned outside their districts in New Orleans to receive salaries of judges of the District Court of New Orleans. Supreme Court to hold sessions in New Orleans. There are to be thirty-one ju- dicial districts (Act 318 of 1952 amending this section ap- parently inadvertently left out the exception of the parish of Orleans). District Courts, the Civil Dis- trict Court and the Criminal District Court for the parish of Orleans excepted, to hold continuous sessions during ten months of the year. The dis- trict courts for the parish of Orleans to hold continuous sessions during nine and a half months of the year. Consider in Con- nection with Follow- Art. ing Sections of Projet Sec. IV 6 Deletions VI VI VI VI VI 11 13 15 10 Deletions 18 24 Deletions 498 Summary of 1921 Constitution Vol. IV App. IV Constitution of 1921 as amended Art. Sec. 46 52 65 66 70 71 75 76 77 78 79 80 Any parish of the state, the parish of Orleans excepted, may be divided by the police jury thereof into justice of the peace wards. In the parishes, other than Or- leans, the judges of the Dis- trict Courts to be ex officio judges of the Juvenile Court in the parish or parishes lo- cated within their districts. A sheriff to be elected in each parish, except in the parish of Orleans, at the general state elections every four years. The sheriff, except in the parish of Orleans, to be ex officio col- lector of taxes. A clerk of the District Court to be elected in each parish, the parish of Orleans excepted, every four years. A coroner to be elected in each parish, except in the parish of Orleans, at the general state election for a term of four years. Except in the parish of Or- leans, coroner to act for and in place of the sheriff when- ever the sheriff is an interested party and whenever there is a vacancy in the office of sheriff. Qualifications of judicial offi- cers of parish of Orleans. Court of Appeal for the parish of Orleans—composition, term of office, etc. Court of Appeal for the parish of Orleans—jurisdiction. Court of Appeal for the parish of Orleans—names of parishes from which appeals are return- able. Court of Appeal of the parish of . Orleans—compensation of officers other than judges. Civil District Court for the parish of Orleans — composi- tion, terms of office of judges, and compensation. Consider in Con- e nection with Follow- Subject Matter ing Sections of Projet Art. VI VI VI VI VI VI VI VI VI VI VI VI VI Sec. 30 31 40 41 42 42 19, 23, 30, and 31 19 and 20 22 20 9 Deletions 23, 24, 25, and 26 499 Vol. IV App. IV New Orleans Studies Constitution of 1921 as amended Art. Sec. 81 82 83 84 85 86 87 88 89 90 91 92 93 Consider in Con- nection with Follow- Subject Matter ing Sections of Projet Art. Sec. Civil District Court for the VI 10, 26 and parish of Orleans — jurisdic- 27 tion. Criminal District Court for the VI 23, 24, 25, parish of Orleans — composi- tion, terms of judges, and their compensation; court to be in five sections; provision for clerk and deputy of court. Criminal District Court for the parish of Orleans—juris- diction. Transferring present (1921) business to Criminal District Court of the parish of Orleans. Criminal District Court of the parish of Orleans—provision for stenographers, m in ute clerks, and criers. Criminal District Court of the parish of Orleans—allotment of cases to the various sections of the Criminal District Court; adoption of rules. Criminal Courts of the city of New Orleans and parish of Or- leans—legislature may change, alter, or repeal any or all of the above provisions covering these courts. New Orleans and Orleans Par- ish court officers — fixes sal- aries of a named group (“until otherwise provided by the leg- islature”). New Orleans and Orleans Par- ish court officers—provides for election of named group. First City Court of the city of New Orleans—composition, terms and compensation of judges. First City Court of the city of New Orleans—jurisdiction. Second City Court of the city of New Orleans—jurisdiction, term a n d compensation of judges and other officers. City Courts of New Orleans— vacancies, how filled. VI VI VI VI VI VI VI VI VI VI 26, 27, and 41 26 and 27 24 24 24 24 Deletions 30, 37, 40, 41, and 42 30 30 30 30, 40, 41 Deletions 500 Vol. IV Summary of 1921 Constitution App. IV Constitution of 1921 as amended Art. Sec. 94 VIII XII 95 96 97 10 18 4 (9b) 10 15 Subject Matter Municipal Court of New Or- leans and Traffic Court of New Orleans—jurisdiction, elections and removal of judges. Judicial expense fund, parish of Orleans—how realized and expended; control of funds; filing of statement of condi- tion of fund. Juvenile Court for the parish of Orleans—composition, juris- diction, term of office, and compensation of judges. Judges and other court officers of the parish of Orleans—time of electing. Parochial elections, except in the parish of Orleans, to be held on the same day as the general state elections; time of #. elections in New Orleans €C1. Registrar of voters for the parish of Orleans to be ap- pointed by the governor; those for other parishes to be ap- pointed by the police juries of the respective parishes. Homestead to value of $2,000 exempted from taxation; pro- vided this exemption does not extend to any municipal or city taxes, save and except in Orleans Parish; city of New Orleans reimbursed by state #. funds lost by this exemp- 1OI). Veteran's $5,000 hon, Jstead exemption; not to apply to city taxes except in New Orleans. City of New Orleans may levy a special tax for the purpose of establishing and maintaining a zoological garden. Provides for sources and ad- ministration of parish school funds; specifically made appli- cable to New Orleans. Consider in Con- nection with Follow- Art. VI VI VI VI VI XV VII VII IX IX ing Sections of Projet Sec. 30 24 Deletions 16(8), 17, 31, 43 31, 40, and 41 4 7 14 3, 4 and 5 3, 4 and 5 3, 5 and 6 501 Vol. IV App. IV New Orleans Studies Constitution of 1921 as amended Art. Sec. XIV 16 11 12 14 (n) 15 20 21 22 22A Consider in Con- nection with Follow- Subject Matter Orleans Parish School Board to levy a seven mill tax for public school purposes, and may incur indebtedness and is su e negotiable promissory notes. No parish, the parish of Or- leans excepted, to levy a tax for parochial purposes on property located with in incorporated cities if the city itself supports certain specified facilities. A tax assessor elected in each parish, parish of Orleans ex- cepted. No parish tax, the parish of Orleans excepted, to exceed in any one year four mills on the dollar of assessed valuation. “Except as otherwise provided in this Constitution, no mu- nicipal tax, for all purposes whatsoever, shall exceed, in any one year, twelve mills on the dollar of assessed valua- tion;” this section not to ap- ply to the city of New Orleans. Right of person in interest to challenge the legality of any election held under Section 14 of Article XIV (bond and tax elections) within sixty days, the provisions of this section not to apply to the city of New Orleans. Civil service for cities having a population of more than 250,000. Board of Assessors for the parish of Orleans — composi- tion, election and terms of a SS6SSOTS. State Tax Collector for the city of New Orleans—term, compensation, a n d provision for office expense. City of New Orleans given home rule charter and powers. Vieux Carre Commission— composition, term of office, and powers. Y XI X XII VI X X X ing Sections of Projet Art. Sec. 3, 5, 16 7, 8 Deletions 17 5 and 6 3, 5, and 6 16 Deletions 17 40 Deletions 3 and 7 19 502 Summary of 1921 Constitution X: M Consider in Con- Constitution of nection with Follow- 1921 as amended Subject Matter ing Sections of Projet Art. Sec. Art. Sec. 23 Sewerage and Water Board of X 3 the city of New Orleans—rati- fies act establishing and cer- tain other acts concerning the issuance of bonds—sewerage and water bonds. 23.1 Authorizes levy of a tax for X 3 construction and extension of the sewerage, water and drain- age system of the city of New Orleans; powers and duties of Board of Liquidation, City Debt, in connection with tax. 23.2 Authorizes levy of a tax (not X 3 to exceed 3 mills) for con- struction and extension of the sewerage, water, and drainage system of the city of New Or- leans; powers and duties of the Board of Liquidation of City Debt in connection with tax. 24 Ratifies acts authorizing cer- X 3 tain bond issues. Prescribes method by which the city of New Orleans may b or row money, and powers and duties of the Board of Liquidation, City Debt, in connection there- with. City of New Orleans given power to issue certifi- cates for street paving pur- poses. Commission Council of the city of New Orleans au- thorized to appropriate funds for payment of cost of street paving. 24.2- Authorizes issuance of bonds X 3 24.11 for the purpose of construct- ing and extending the sewer- age, water and drainage sys- tem of the city of New Orleans. Prescribes manner in which bond issue is to be authorized. Provides for payment of prin- cipal and interest of these bonds. 24.12- Authorizes the issuance of a X 3 24.21 series of bonds (“City of New Orleans Serial Gold Bonds”) to pay the floating indebtedness of the city of New Orleans, to complete and furnish the new criminal court and parish pris- on, and to construct or re- 503 Vol. IV App. IV New Orleans Studies ſº. Constitution of 1921 as amended Art. Sec. 24.22 25 26 27 28 construct public markets in New Orleans. Provides for the payment of the principal and interest of these bonds. Authorizes the city of New Orleans to borrow money and issue bonds to meet any emer- gency caused by fire, flood, pestilence, storms, or other public calamity, and emergency expenditures for the preserva- tion of law and order. City of New Orleans to levy a three mill tax for maintaining a double platoon system in the Fire Department and a triple platoon system in the Police Department. Public Belt Railroad Commis- sion of the city of New Or- leans—composition, powers etc. Authorizes the city of New Orleans to issue from time to time upon the recommendation of the Public Belt Railroad Commission bonds and notes. Pre scribes denominations, terms, and limitations on issues of these bonds and notes. Pro- vides for the payment of prin- cipal and interest of these bonds and notes. Power given to city of New Orleans, acting through the Public Belt Railroad Commis- sion, to acquire, construct, maintain, and operate a rail- way and highway bridge across the Mississippi River. Au- thorizes issuance of bonds for purposes enumerated and pro- vides for their retirement. City of New Orleans authorized to negotiate contracts with rail- roads for the use of the bridge. Authorizes the city of New Or- leans to issue bonds and notes for replenishing the general fund of the Commission and to pay for certain bonds previ- ously issued in connection with the Mississippi River bridge. Consider in Con- .. nection with Follow- Subject Matter ing Sections of Projet Art. Sec. 3 and 21 3 and 21 3 and 21 504 Vol. IV Constitution of 1921 as amended Art. Sec. 30 31.1 31.3 31.4 XVI 7 XVI-A Summary of 1921 Constitution App. IV Consider in Con- nection with Follow- Subject Matter Riparian owners of property on navigable rivers, lakes, or streams within the limits of the port of New Orleans to have the right to erect and maintain improvements on the batture or banks owned by them, subject to the consent of the port governing au- thority. City of New Orleans author- ized to issue bonds for purpose of purchasing ferry systems operating under city ordinance. Public Ferry Board—composi- tion, term of members, and powers of board. Retirement of bonds. Authorizes city of New Or- leans, acting through the Pub- lic Belt Railroad Commission, to acquire, construct, maintain and operate one or more rail- road passenger stations and approaches thereto. Authorizes issuance of bonds for this pur- pose. Retirement of bonds. Authorizes city of New Or- leans to refinance mortgage on the Upper Pontalba Building and recognizes the Upper Pon- talba Building Commission. Board of Levee Commissioners of the Orleans Levee District— composition and powers (par- ticularly in connection with the development of the Lake Pont- chartrain area). Orleans Air- port Commission—composition and powers. Board of Levee Commissioners may contract with the Sewerage and Water Board for certain specified purposes. Grants to Board cer- tain public lands for use in the project. Board authorized to issue bonds—limits, etc. Lake Pontchartrain Sanitary Dis- trict—composition and powers. Board of Levee Commissioners of the Orleans Levee District— authorized to pay reparations and other expenses incidental to the Caernarvon Break. Pre- XIII X X X XIII XIII XV ing Sections of Projet Sec. 3 3 and 21 3 and 21 3 and 21 Deletions 6 505 Vol. IV App. IV New Orleans Studies Constitution of 1921 as amended Art. Sec. XIX 20 Consider in Con- & nection with Follow- Subject Matter ing Sºtions of Projet rt. scribes method for filing claims, hearing them, and making awards. Board authorized to levy a tax to carry out pro- visions and to capitalize this tax by issuing its bonds. Ownership of the New Basin Canal and Shell Road—in the state, and not to be divested except to city of New Orleans in connection with the Union Railroad Passenger Terminal. Sec. X Deletions 506 LEGAL MATERIALS LEGAL MATERIALS INTRODUCTION One of the characteristics of the present constitution that makes it so difficult to understand is the practice of affording some degree of constitutional status to other documents simply by reference. The terms of incorporation sometimes continue the right of the legislature to amend the material referred to without amending the constitution. Sometimes the material is incorporated in such a way as to preclude its subsequent amendment by the legislature. Frequently the incorporation has such ambiguous terms as to leave the question unsettled. In order to facilitate an understanding of the present constitution the materials referred to by reference so as to make them a part of the constitution have been reprinted in this section. The acts, constitutional provisions, and ordinances have been re- printed with or without amendments as the provision in- corporating them requires. Certain of the materials on New Orleans have been placed in the previous section of this volume in order to permit their detailed analysis. They are, however, listed in the table of contents to this section in chronological order. 509 TABLE OF CONTENTS* PRIOR CONSTITUTIONS ARTICLE PAGE 1879 271 ----- nº ºs ... 375 1898 134 - - __ 517 185 ---------------------~~~~ 517 136 517 137 ... 517 138 518 217 ... 376 222 376 314 - 376 1913 321 518 322 * - sº - ... 519 824 ------------------------------ 520 ACTS YEAR ACT NUMBER, PAGE 1880 114 527 1880 133 377 1882 81 * * ... 379 1884 48 ------------------------------ 527 1884 67 tº gº º - - - - ... 380 1890 95, as amended 532 1890 110 382 1890 128 ... 381 1894 59 537 1896 114 ----- 387 1898 63 ... 390 1899 E.S. 6 - - - 391 1899 E.S. 6, as amended ------------------------------ 400 1900 72 391 1906 19 419 1908 116 ------------------------------ 422 1908 179 423 1908 180 - 540 1910 34 543 1910 133 - 543 1914 23, as amended 426 1914 33 544 * Includes legal materials reprinted in the New Orleans Studies, Supra. 511 YEAR PAGE ACT NUMBER 1914 1916 1916 1918 1918 1918 E.S. 1920 1920 1920 1921 E.S. 1921 E.S. 1921 E.S. 1922 1924 1924 1926 1927 E.S. 1927 E.S. 1928 1928 1928 1928 1928 E.S. 1930 E.S. 1930 E.S. 1932 1934 1934 1934 1936 1936 1936 1936 1936 1938 1938 1938 1938 1938 1940 244 4 110 3 59 18 40 51 156 46, as amended 95 109 106 67 244 45 3 6 125 219 261 266 6 1 3 164 2 21 147 66 68 71 93, as amended by Act 80 of 1938, Acts 71 and 92 of 1940 341 37 39 77 137 385 171 - * * * * * 545 449 546 547 551 552 556 456 556 560 569 582 584 585 411 589 590 593 594 . 595 ... 597 598 ... 601 605 612 ... 615 620 625 665 666 669 672 674 457 ... 678 ... 679 682 ... 683 684 688 512 YEAR ACT NUMBER, PAGE 1940 172 713 1940 244 736 1940 266, as amended ----------------------........ 742 1940 377 753 1944 102 756 1944 118 779 1946 285 783 1946 393 786 1948 8 790 1948 530 -----------------------------. 802 1948 531 806 1948 538 807 1950 551 - - - - - - - 35 1952 7 - - - - 808 REVISED STATUTES OF 1950 PAGE 30:127 821 33:2471—33:2508 821 33:4071—33:4091 -. - - - - - - * * * * * * * * * - - - - - - - - * * > * * * * * - - - 412 48:91 * 841 48:111 - - 841 CONTRACTS OF BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS DATE PAGE 1918, June 29—With Board of Levee Commission- ers of Orleans Levee District.................. 845 1918, August 16—With Public Belt Railroad Com- mission - - - - 849 1919, February 26—With Board of Levee Com- missioners of Orleans Levee District------ 852 1919, November 14—With Board of Levee Com- missioners of Orleans Levee District...... 859 513 NEW ORLEANS ORDINANCES PAGE 1899, No. 15,391, approved June 22, 1899.------------- 461 1904, No. 2683, New Council Series, approved Oc- tober 8, 1904 469 1923, No. 7352, Commission Council Series, ap- proved April 25, 1923 477 1930, No. 12,183, Commission Council Series, ap- proved May 22, 1930 488 1931, No. 12,963, Commission Council Series, ap- proved March 31, 1931 490 REVISED STATUTES OF 1870 Sections 1353–1371 (Dart's Nos. 2586–2597).------ 866 U. S. GOVERNMENT ACTS Federal Reserve Act of 1919, Section 25 (a) ------------ 868 Rural Electrification Act of 1936 873 SHREVEPORT COUNCIL RESOLUTION No. 25 OF 1932.......... 876 PROPERTY TAXPAYERS’ PETITION 490 514 PRIOR CONSTITUTIONS PRIOR CONSTITUTIONS CONSTITUTION OF 1879 Article 271. (See New Orleans Studies, Volume Four, p. 375.) CONSTITUTION OF 1898 Article 134. All cases after being filed in said Civil District Court shall be allotted or assigned, among the judges thereof, and, except as herein otherwise provided, each judge, or his successor, shall have exclusive control over every case allotted or assigned to him, from its inception to its final determination of a judge to whom a case has been allotted or assigned, or in case such action is deemed advisable in the proper administration of justice, or of the business of the court, such case may be re-allotted or re-assigned, or without such re-allotment or re-assignment, but, under rules to be adopted, it may be taken in charge by another judge of said court, and the judge to whom a case is thus re-allotted or re-assigned, or by whom it is thus taken in charge, shall be author- ized to act therein for all purposes as though such case had been originally allotted or assigned to him. Previous to the allotment or assignment of a case, any judge of said court may, for the purposes of such case, make interlocutory orders, and issue and grant conservatory writs and executory process. Applica- tions for naturalization, for emancipation, and by married women for authoriza- tion, when there is consent given and no issue joined, or where there is no contest, suits for nullity, and for revival of judgment, and suits in which is claimed an interest in property or funds as to which a particular judge has acquired jurisdiction, need not be allotted or especially assigned, but shall be controlled by law or by rules to be adopted by the court. Article 135. Judgments homologating accounts, which have been duly advertised, when not opposed, or so far as not opposed, may be rendered and signed either in term time or vacation; and by any judge, in the absence or disability of the judge to whom the case has been allotted. Article 136. The judges of said Civil District Court shall be authorized to adopt rules, not in conflict with law, regulating the allotment, assignment and disposition of cases, the order in which they shall be tried, and the proceedings in such trials, and to sit en banc for the purpose of testing the bonds and sureties of the clerk of the court, the recorder of mortgages, the register of conveyances, and the civil sheriff; for the trial and removal of the clerk and civil sheriff, or either of them, for the selection of jurors, and in other cases when the action of the court as a whole is required. When sitting en banc the judge who has been longest in continuous service in said court, and in his absence the judge longest in service of those present, shall preside; and when a certificate or authentication from the court is required such judge shall be authorized to sign the same as presiding judge. The court may, by its rules, grant the presiding judge further authority not in conflict with these provisions. Provided, that in rendering judgment en banc, the court shall conform, as far as practicable, to the rules and practice of the Supreme Court. Article 137. There shall be one clerk for the Civil District Court, who, until the election and induction into office of the clerk of the Court of Appeal, provided for in Article 131, shall be ex-officio clerk of the Court of Appeal for the Parish of Orleans, and shall be elected by the voters of said parish for the term of four years. His qualifications and duties, except as herein provided, shall be as fixed by law; he shall furnish bond in the sum of twenty thousand dollars, which bond shall be examined by the court, and all testimony given in such exami- 517 Vol. IV Const. Legal Materials 1898 nation shall be reduced to writing and filed of record in the court. He shall charge and collect the fees prescribed by the General Assembly, and shall dispose of the same as hereinafter provided; the amount of his compensation shall be three thousand six hundred dollars per annum. Said clerk shall be authorized, with the approval of the judges of the Civil District Court, to appoint such deputies and other assistants, at salaries not to exceed those now fixed by law, as in the opinion of said judges are needed for the efficient discharge of the duties of his office; and he may remove them at pleasure, or the court may remove them. The Court of Appeal for the Parish of Orleans, until after the election of the clerk thereof, as hereinbefore provided, and each judge of the Civil District Court shall appoint one minute clerk, who shall be sworn as deputy clerk, and shall receive an annual salary of eighteen hundred dollars in equal monthly instalments; and the said Court of Appeal, until said election, shall also have the right to appoint one docket clerk. The minute clerk appointed by the judge of the Civil District Court longest in continuous service in said court, as hereinabove provided, shall be ex-officio minute clerk of the court when sitting en banc, and shall receive, as additional compensation, three hundred dollars per annum, which shall be paid in like manner as his other compensation. The clerk of the Civil District Court shall be removable by the judges of said court, sitting en banc, upon proof, after trial, without a jury, of gross or continued neglect, incompetency, or unlawful conduct, operating injury to the court or to any individual, and a majority of said judges shall be competent to render judgment in the case. Such trial and the lodging of complaints leading thereto, shall be regulated by rules which shall be adopted by the judges of the Civil District Court and of the Criminal District Court in joint session. Article 138. The Civil District Court shall select a solvent, incorporated bank in New Orleans as a judicial depository, in which, unless otherwise ordered by the court, shall be deposited all money as soon as the same shall come into the hands of the clerk or sheriff, and such deposits shall not be removed in whole or in part without an order from the judge seized with jurisdiction. Article 217. (See New Orleans Studies, Volume Four, p. 376.) Article 222. (See New Orleans Studies, Volume Four, p. 376.) Article 314. (See New Orleans Studies, Volume Four, p. 376.) CONSTITUTION OF 1913 Article 321. The Bonds issued by the Board of Commissioners of the Port of New Orleans under the authority of Act 180 of 1908, not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000.00) in amount, dated January 1, 1909, bearing five per cent (5%) per annum interest payable semi-annually, the principal of which is payable at any time between July 1, 1924, and July 1, 1959, styled “Port Commission Bonds,” and Act 180 of 1908 adopted as a Constitutional Amendment together with all the acts and proceed- ings of said Board, done pursuant thereto, are hereby ratified and approved and the validity of the said bonds and said acts and proceedings shall never be questioned. They shall be exempt from all taxation, State, parish and munici- pal, and the tutors of minors and curators of interdicts shall be authorized to invest the funds in their hands in such bonds. They may be registered and released from registry under such rules and regulations as may be prescribed by said Board of Commissioners of the Port of New Orleans, and no registered bonds shall be negotiable. They shall be receivable on deposit with the State, or its officers, or any of its political subdivisions or municipalities, in all cases where, by law, deposits of bonds are required or allowed to be made as security, with the State or its officers or any of its political subdivisions or municipalities. 518 Vol. IV tº ſº Const. Prior Constitutions *; 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 The principal and interest of said bonds shall be paid by preference from the revenues of the Board of Commissioners of the Port of New Orleans and all revenues collectable under the laws, as then existing shall be and are hereby pledged to secure said bonds and interest. In no event shall the charges imposed by said Board, under the laws then existing, be reduced to an amount less than necessary for the payment of the principal and interest of said bonds; and the Board of Commissioners of the Port of New Orleans, as presently organized, and without diminution of existing territorial juris- diction, shall continue in legal existence until all the bonds issued in accordance with said Act shall have been paid in principal and interest; provided that the members of said Board shall be appointed by the Governor, subject to removal by the Governor, and the Governor shall have power to fill all vacancies. Said Board shall place on deposit, on or before the first of April of every year, with the Treasurer of the State of Louisiana, to the credit of a special account to be styled “Interest Account,” an amount equal to the annual interest on all bonds that may have been delivered. Said Treasurer is hereby empowered and directed, and it is made his duty, to pay any and all interest coupons that may be due when presented by any holder thereof. In the year 1924, and annually thereafter, said Board shall, in addition to the amount of the annual interest due on the 1st of July, place on deposit on or before April 1, with the Treasurer of the State of Louisiana, to the credit of a special account to be styled “Bond Redemption Account,” a sum of one hundred thousand dollars ($100,000.00), and the said Treasurer is hereby empowered and directed, and it is made his duty, to pay, on the 1st of July, of the year 1924, and annually thereafter, out of said Bond Redemption Account one hundred (100) of said bonds in the reverse order of their issue; and all bonds and coupons retired under this Act shall be by said Treasurer duly canceled and delivered to the Board of Commissioners of the Port of New Orleans, which shall receipt for same, and which shall retain and paste the same as vouchers, in a book to be by it kept for that purpose. It shall be the duty of said treasurer to require said deposits to be made as aforesaid; and in case of failure on the part of said Board to make said deposits, or to impose, under the law as then existing, the charges for the use of said wharves, landings, sheds and appurtenances thereto or to collect the revenues therefrom in an amount sufficient to provide for the payment of interest due or to become due, and the redemption of bonds as provided therein, said Treasurer is hereby empowered and directed, and it is made his duty, to impose said charges and collect said revenues, and to apply the same to the purposes hereof, and to that extent, and for that purpose only, and for such time as may be necessary to that end, the said Treasurer is hereby authorized to exercise all the powers and is charged with all the duties vested in the Board of Com- missioners of the Port of New Orleans. All of the provisions of Act 108 of 1908 and of this Title shall constitute a contract between the holders of the bonds issued thereunder, the State of Louisiana and the Board of Commissioners of the Port of New Orleans. The Board of Commissioners of the Port of New Orleans shall, and it is hereby authorized and empowered to expend the proceeds of said bonds for the extension of existing wharves, for building new wharves, for erecting sheds, for constructing roadways and other improvements; for the purchase of suitable dredges, barges and tugboats; for the payment for wharves or other property purchased or expropriated, and for the payment of obligations hereto- fore contracted and outstanding; provided, that no property shall be taken without just and adequate compensation previously paid. On the thirty-first day of December of each year the said Board shall furnish a detailed account of its receipts and expenditures to the Governor of the State; which report shall be published once in the official journal of the City of New Orleans. º * * Article 322, Section 1. The Board of Commissioners of the Port of New Orleans is hereby authorized to erect and operate warehouses and other struc- 519 Vol. IV * Legal Materials 3 tures necessary to the commerce of the Port of New Orleans, and to that end 4 shall have the right to expropriate any property necessary for said purposes; 5 and to pay for same by issuing mortgage or mortgages, bond or bonds, against 6 the real estate and buildings erected thereon; said mortgage or mortgages, bond 7 or bonds, are to be paid out of the net receipts after the payment of operating 8 expenses; that the said Board of Commissioners of the Port of New Orleans 9 are empowered to fix charges for storage on all goods or merchandise. 10 The said Board of Commissioners of the Port of New Orleans are empowered 11 to issue receipts, negotiable or otherwise, for property or merchandise in its 12 charge or possession; provided, however, that they shall not be liable for a 13 greater amount than the value of the buildings and land upon which the 14 warehouse or warehouses are erected, for any transaction arising from the 15 storage of merchandise thereon or otherwise. 1 Section 2. The foregoing section is self-operative and the Board of Com- 2 missioners of the Port of New Orleans shall by ordinance or otherwise carry 3 the same into effect. The authority granted thereby shall be a continuing 4 authority and the first erection of a warehouse or warehouses thereunder shall 5 not exhaust the power of the said Board of Commissioners. Bonds issued under 6 the preceding section shall be paid by preference out of the receipts of the 7 warehouse or warehouses erected therewith after payment of the operating 8 expenses, and, so far as such net receipts may be insufficient, out of the entire 9 receipts and revenues of the said port after the payment of operating expenses 10 and prior bonded obligations; provided, that each issue of bonds under said 11 authority shall be subordinate to previous issues thereunder. 12 And, provided further, that nothing herein shall be considered as impairing 13 any rights appertaining to the holders of the bonds of the Board of Commis- 14 sioners of the Port of New Orleans now outstanding. 15 The General Assembly may confer further and additional authority upon said 16 board not inconsistent herewith. Article 324, Section 1. In order to pay the State's bonded debt of Eleven Million, One Hundred and Eight Thousand, Three Hundred Dollars, maturing January 1, 1914, the Board of Liquidation of the State Debt is hereby authorized: (a) To issue and sell or exchange, or both, for such price, in such manner, at such time or times, of such denominations, in such amounts, and with such yearly maturities on any date in each year beginning the first calendar year after the issuance and not exceeding Fifty-one years from date of issuance, and such rate of interest not exceeding four and one-half per centum per annum, payable semi-annually, as it may deem advisable, Serial Bonds of the State of Louisiana in an amount sufficient to realize the sum necessary to settle or re- fund said indebtedness, except Five Hundred and Thirty Thousand, Nine Hun- dred and Thirty Dollars thereof due the Free School Fund, and except the Nine Thousand, Nine Hundred Dollars thereof held for exchange under Act No. 65 of 1892; provided that said Bonds, or any of them, may, in the discretion of said Board, to be exercised before issuance, be made redeemable at any time or payment of principal and accrued interest, plus a premium of four per centum upon the principal, which redemption shall be in the reverse order of maturity; and provided further, that the first and last maturing coupons be made pay- able at whatever dates the said Board may see proper to fix. Notice of re- demption (if redeemable bonds be issued), shall be given by thirty days' ad- vertisement in one daily newspaper published in each of the cities of New Or- leans, Chicago and New York, and interest shall cease at the maturity of the coupon next falling due. Said bonds may, if so provided by the Board of Liquidation, be registered as to principal alone or as to principal and interest, in such manner and with such conditions and in such denominations as said Board may determine in advance of the issuance thereof, but said Board shall have no power to provide for the issuance of coupon bonds in exchange for registered bonds of such issue. 520 Vol. IV © sº tº Const. Prior Constitutions § (b) To issue and sell or exchange, or both, pending a disposition of said bonds as aforesaid, with full discretion as to manner, price, form, denominations, maturities and interest, Temporary Refunding Bonds of the State of Louisiana in an amount sufficient to realize the sum necessary to settle said debt, or any part thereof, except the amount due the Free School Fund, and the amount of bonds held for exchange as above stated; provided said Temporary Refunding Bonds shall mature in not more than five years from the date of issuance and shall bear a rate of interest not exceeding five per centum per annum, payable on such dates, semi-annually or otherwise, as said Board shall determine. To provide for the settlement at maturity of said Temporary Refunding Bonds, or any of them, if issued, it shall have full power and authority to issue and sell or exchange, or both, other Temporary Refunding Bonds under like terms and conditions in an amount sufficient to realize the sum necessary to settle the same and, in its discretion, to repeat such process as often as it may deem necessary; provided that any issue of such Temporary Refunding Bonds after the first, shall be advertised for sale. Should said Temporary Refunding Bonds be issued, then the Serial Bonds above authorized shall be for an amount sufficient to realize the sum necessary to settle the indebtedness evidenced by the Temporary Refunding Bonds to be retired. Said Board may reserve the right to call for payment and retire said Tem- porary Refunding Bonds prior to the maturities thereof, on giving fifteen days notice by publication in one daily newspaper published in each of the cities of New Orleans, Chicago and New York and on paying to the holder or holders the principal and accrued interest, plus a premium not exceeding one per cen- tum of the principal thereof, the amount of said premium to be settled in like manner as the principal of said Temporary Refunding Bonds, the interest on which shall cease after the date fixed in the call. Section 2. All bonds issued hereunder shall be signed by the Governor, attested by the Secretary of State under the seal of the State, and counter- signed by the Auditor and the Treasurer. The interest may be represented by coupons attached thereto and bearing a fac-simile of said Treasurer's signature. Such bonds shall be deemed properly signed if signed by those who shall be such officers at the time they are signed, notwithstanding any change of officers prior to the actual issuance and delivery thereof. Said Bonds and interest shall be payable to bearer or registered owner at such places as the Board of Liqui- dation of the State Debt may determine. Should any of said bonds not be ready for delivery at the time they are sold or exchanged, Interim Certifcates may be issued in lieu thereof in such form as the Board of Liquidation of the State Debt shall prescribe; which certificates shall be surrendered on delivery of the bonds respectively represented thereby. Section 3. For the payment in gold coin of the United States of the present standard of weight and fineness of the principal and interest of all obli- gations issued hereunder, the faith and credit and resources of the State are hereby unconditionally and irrevocably pledged. Section 4. Beginning the First Day of January, 1914, and until said obli- gations, with interest, shall have been satisfied, there is hereby levied on all property on which general State taxes are now or may hereafter be levied an annual tax of One and Three-twentieths Mills on the Dollar of assessed valua- tion, which tax is included as a part of the State tax of six mills authorized elsewhere in this Constitution to be levied for general purposes; provided, how- ever, that should the net proceeds of said tax exceed Six Hundred and Seventy- five Thousand Dollars in any year, the General Assembly may transfer the ex- cess thereof to the General Fund, provided the amounts necessary to pay ma- turing bonds and to make the payments directed to be made in (1) and (2) of this section shall have been reserved. The net proceeds of said tax shall be paid into the State Treasury and credited to a separate account to be known as the “State Bond and Interest Tax Fund,” which is hereby dedicated and shall be devoted annually: (1) to 521 Vol. IV ;:* Legal Materials the payment of the interest as it accrues on said Serial Bonds and Temporary Refunding Bonds and the interest amounting to Fifty-nine Thousand, Seven Hundred and Ninety Dollars and Thirty-nine Cents on the indebtedness of the State to the Free School Fund, the Seminary Fund and the Agricultural and Mechanical College Fund as fixed by the Constitution of 1879, and the interest on the debt of Five Hundred and Thirty Thousand, Nine Hundred and Thirty Dollars due the Free School Fund as herein fixed; (2) to the payment of the proper expenses of the Board of Liquidation of the State Debt, and of the Board of Audit and Exchange, not to exceed Three Thousand Dollars, and (3) the residue to a sinking fund to be applied by the Board of Liquidation of the State Debt to the payment or purchase of the Temporary Refunding Bonds and Serial Bonds issued hereunder. There is hereby levied, for each year in which the foregoing tax may not be sufficient to meet the payment of the bonds maturing in the following year and the payments provided for in (1) and (2) of this section, a special tax sufficient in amount to meet such payments, and the Auditor shall compute the rate necessary in any such year to produce the required amount and cause such tax to be extended upon the tax rolls for collection as other general State taxes are collected. Said Board shall annually reserve in the State Treasury such amount of said sinking fund as it may deem sufficient to pay said Temporary Refunding Bonds and Serial Bonds as they mature. The surplus of said sinking fund then remaining shall be applied annually by said Board either to the redemption of bonds under Paragraph (a) of Section 1 of this article, (if redeemable bonds be issued) or, in its discretion, to the purchase of bonds issued hereunder at the lowest relative price obtainable in the open market or after fifteen days ad- vertisement in one daily newspaper in each of the cities of New Orleans, Chi- cago and New York. Section 5. The surplus in the interest tax fund remaining under existing laws out of the revenues from the year 1913 and previous years shall be de- voted by the Board of Liquidation of the State Debt to the payment of the cost of engraving, lithographing or printing the Temporary Refunding Bonds, Serial Bonds and Interim Certificates issued hereunder and all other expenses incurred by said Board as well as the unpaid part of the appropriations made by Act 158 of 1912 from said fund and the balance shall be transferred to the State Bond and Interest Tax Fund established in this article or in the discre- tion of said Board to the payment of the outstanding bonds to be retired. Section 6. The Board of Liquidation of the State Debt is hereby given full power and authority to carry out the provisions of this article and in its judgment and discretion to make and prescribe rules, regulations, conditions and methods in all particulars not inconsistent with the terms of this article. The said Board shall formulate such rules and regulations as early as practicable after the adoption of this Constitution and shall whenever it de- termines to offer the serial bonds herein authorized advertise in at least one daily paper in each of the cities of New Orleans, Chicago, and New York, for a period of not less than five days the terms and conditions under which it will receive sealed bids for said Serial Bonds, reserving the right to reject any and all bids. Section 7. The bonds of the State amounting to Five Hundred and Thirty Thousand, Nine Hundred and Thirty Dollars held by the State's Treasurer for account of the Free School Fund of the State of Louisiana shall be paid by crediting the amount thereof to said fund, and said amount is hereby recog- nized as a debt of the State of Louisiana to said fund, additional to that recog- nized in Article 258, on which additional debt interest shall be semi-annually paid for the use of the respective townships for whose benefit said bonds are held, at the rate carried by the Temporary Refunding Bonds herein provided for until their retirement and thereafter at the rate carried by the Serial Bonds to be issued hereunder, until said debt shall have been paid. Section 8. The bonds now held for exchange under Act No. 65 of 1892 and amounting to Nine Thousand, Nine Hundred Dollars shall continue to be 522 Vol. IV * º º Const. Prior Constitutions º held for exchange as provided by said act and when exchanged shall be paid principal and accrued interest to January 1, 1914, by the Board of Liquidation out of the sinking fund provided for herein. Section 9. On the payment or purchase of any bond or coupon herein authorized by the Auditor or any Fiscal Agent designated by the Board of Liquidation, said bond or coupon shall be immediately canceled by the Auditor or said Fiscal Agent by marking with a perforating machine across the face thereof the word “Paid.” Bonds after being so paid and canceled shall be de- livered to the Treasurer. Canceled coupons shall be delivered to the Auditor and pasted in books and kept in the permanent records of his office. Once every year at such meeting as the Board of Liquidation of the State Debt may fix by rule, the Treasurer shall present all canceled bonds including those surrendered for exchange, to said Board, with a statement showing the numbers, amounts and maturities thereof and separately, the numbers, amounts, and maturities of all bonds outstanding and unpaid. The Board shall, in open session, carefully examine and compare the said bonds and statements. A proces verbal of said examination shall then be made and signed by each member present at said meeting, which, together with the canceled bonds and the statement rendered by the Treasurer, shall be delivered to the Auditor to be kept in the permanent archives of his office. Said proces verbal and statement shall be recorded in full in the Minutes of the Board and shall be published once in the official journal of the State. The provisions of this section shall also apply to the bonds and coupons to be retired by the issue herein authorized and by the credit to the Free School Fund herein directed and likewise to the Interim Certificates mentioned in Section Two of this article. Section 10. The provisions of this article shall be self-operative. 523 ACTS ACTS ACT || 4 OF 1880 [Act 101 of 1952 amended Article XI, Section 4 of the present constitution. The amended provision requires written declaration for cities in excess of 250,000 population. See also Revised Statutes 1950, 20:1.-Ed.] AN ACT Be it enacted by the General Assembly of the State of Louisiana, The person or persons claiming the benefit of the homestead and exemptions provided by law, pursuant to articles 219 and 220 of the Constitution of 1879, must execute a written declaration of homestead. This declaration must contain (1) a statement of the facts that show the person claiming the homestead and exemptions is a person of the description to be entitled thereto; (2) a state- ment that the person claiming it is residing on the land or lot claimed as homestead and owns it by a bona fide title, stating the nature of title; (3) a description of the lot or tract of land; (4) an enumeration of the other exemptions; (5) an estimate of the cash value of the homestead and exemptions, a statement of intention to claim such homestead and exemptions. The declaration must be sworn to and recorded in the book of mortgages for the parish where the homestead claimed is situated. ACT 133 OF 1880 (See New Orleans Studies, Volume Four, p. 377.) ACT 8| OF 1882 (See New Orleans Studies, Volume Four, p. 379.) ACT 43 OF 1884 [All provisions of law applicable to Tulane University are reproduced in full in West's Annotated Edition of Revised Statutes of 1950, Volume 13, p. 544 et seq.—Ed.] AN ACT To foster, maintain and develop the University of Louisiana, to that end to make the Board of Administrators of the Tulane Education Fund, as presently constituted, with the addition of the Governor, Superintendent of Public Education, and Mayor of the city of New Orleans, as ex-officio members thereof, the Administrators of the University of Louisiana which shall here- after be known as the “Tulane University of Louisiana;” to invest said Tulane Board with all the powers, privileges, franchises and immunities now vested in the Board of Administrators of the University of Louisiana; and with such other powers as may be necessary or pertinent to develop, control, foster and maintain it as a great university in the city of New Orleans. To give to the Administrators of the Tulane Education Fund the control, management and use of all the property of the University of Louisiana, in the city of New Orleans, for the purposes aforesaid: To exempt, in conse- 527 Vol. IV ſ: Legal Materials quence of the terms of this act, and the dedication of its revenues to the purposes stated in this act, all the property, real and personal, present and future, of the said Board of Administrators of the Tulane Education Fund, from all taxation, whether State, parochial or municipal: To make a contract, irrevocable and conclusive, between the State and the Administrators of the Tulane Education Fund, covering the provisions of this act: To enable the said Board of Administrators of the “Tulane Education Fund” to decline to accept the provisions of this act, unless the same, in all its provisions, be ratified and approved by a constitutional amendment, to be submitted at the next general election: To give said Board of Administrators of the “Tulane Education Fund,” upon the adoption of said constitutional amend- ment, not only the full powers of administration over the University of Louisiana conferred by this act, but also the power to create, develop and maintain a great University in the city of New Orleans, which University so to be created shall perpetually be under their full and complete control: To enable said Board, should they act under the provisions of this act, pending the submission of said constitutional amendment, to withdraw and relieve themselves from all the effects of said action should said proposed consti- tutional amendment be rejected, and to provide for the submission of a consti- tutional amendment ratifying the provisions of this act to the people of the State at the next general election: Whereas, Paul Tulane, Esq., formerly a resident of this State, and now of Princeton, New Jersey, with the beneficent purpose of fostering higher educa- tion in this State, did, in May, 1882, express to certain citizens of this State his intention to donate for such purposes valuable real estate to him belonging, situated in the city of New Orleans; and, Whereas, The citizens to whom the intentions of Paul Tulane, Esq., were expressed, did, by act, before Chas. G. Andry, a notary public in the city of New Orleans, organize themselves into a corporation, under the name of the “Administrators of the Tulane Education Fund,” with the objects and purposes specified in said act of incorporation; and, Whereas, Since the formation of said corporation, Paul Tulane, Esq., in the execution of his previously expressed intentions, has donated to said Admin- istrators of the “Tulane Education Fund” nearly one million dollars, the revenues whereof are to be used for the promotion and encouragement of intellectual, moral and industrial education, and has expressed his intention to largely increase said donation should this act be adopted; and, Whereas, The said Board of Administrators of the “Tulane Education Fund,” in order to make their work fruitful in results, have expressed their desire to take charge of the University of Louisiana, in the city of New Orleans, and to devote the revenues of the property now owned, or hereafter to be owned, by said Board, to its expansion and development; and upon the adoption of a constitutional amendment to that end, to apply all the revenues of property now owned, or hereafter to be acquired by them, to the creation and development in the city of New Orleans of a great University, whereby the blessings of higher education, intellectual, moral and industrial, may be given to the youth of this State; and, Whereas, Under the terms of this action, as proposed by said Board, the property of said Board, and the revenues thereof will not be used for purpose of private or corporate income or profit, but will be exclusively dedicated to school purposes, and to the service of the State in maintaining and developing the University of Louisiana, an institution recognized in the Constitution, there- fore entitling the said property of said Board to exemption from all taxation, both State, parochial and municipal; therefore, Be it enacted by the General Assembly of the State of Lowisiana, Section 1. That the Board of Administrators of the University of Louisiana shall hereafter, instead of the Board appointed as provided by section thirteen hundred and fifty-one (1351) of the Revised Statutes, consist of the seventeen administrators of the “Tulane Education Fund,” with power, perpetually, to fill any vacancy in their own number; provided, that the said Board shall, on the 528 Vol. IV Acts of the Legislature º: passage of this statute, recognize by formal notarial act the Governor of the State, the Superintendent of Public Education, and the Mayor of the city of New Orleans, as eac-officio members of said Board. SEC. 2. Be it further emacted, etc., That the Board of Administrators of the “Tulane Education Fund,” as Administrators of the University of Louisiana shall have all the rights, powers, privileges, franchises and immunities, now vested in the Board of Administrators of the University of Louisiana by existing laws. That they shall further have full direction, control, and administration of the University of Louisiana, now established in the city of New Orleans, in all its de- partments as also of all the property belonging to the State of Louisiana, and now dedicated to or used by the University of Louisiana as well as of all prop- erty controlled or used by the said University of Louisiana, and for the purposes thereof, and the Board of Administrators of the University of Louisiana are hereby empowered and directed to turn over to the Board of Administrators of the “Tulane Education Fund” all the property, rights, books, papers and archives now under their administration or control; provided, that if the custody of the State library should be transferred to the Tulane University of Louisiana, as herein established by the consolidation of the University of Louisiana at New Orleans with the Board of Administrators of the “Tulane Education Fund,” as herein provided for, through the University of Louisiana, at New Orleans, as it now exists, or otherwise it shall be on the express condition and agreement that the State of Louisiana may resume the custody and control of said State Library, whenever it may be deemed advisable; and provided further, that after the establishment of the “Tulane University of Louisiana,” as herein provided for, and after the transfer of the custody of the State Library thereto as aforesaid, if the custody thereof shall be transferred to the “Tulane University of Louisiana,” as herein established, then and in that event, the State of Louisiana shall be relieved of and released from all obligations to pay the salary or compensation of the State Librarian or his assistants, as is now or may hereafter be fixed by law, during the period said State Library may remain in the custody of said “Tulane University of Louisiana;” but that during said period the salary or compensation of said State Librarian shall be paid by the “Tulane University of Louisiana.” An inventory shall be made of all the property, movable and immovable, belonging to the University of Louisiana, and trans- ferred by this act to the control and administration of the Administration of the Tulane Education Fund, by two appraisers to be appointed for that purpose by the Governor of the State and sworn, which appraisement shall be filed in the office of the Secretary of State, as evidencing the description and appraised value of the property so transferred, and also in order that the liability of the said Administrators of the Tulane Education Fund may not be extended beyond a return of the property, so transferred, in any contingency; provided further, that the property, so transferred, may not be sold or disposed of, except under Legislative sanction; provided further, that if the “Tulane University of Loui- siana,” as herein established, should cease to use the property, and exercise the privileges, franchises and immunities, now under the control and administration of, and enjoyed by the University of Louisiana, as now constituted and trans- ferred by this Act, for the excusive purposes intended by this Act, then and in that event the State of Louisiana shall have the right to resume the custody, control and administration of said property, and the exercise of said privileges, franchises and immunities. SEC. 3. Be it enacted, etc., That the said Board of Administrators of the “Tulane Education Fund,” shall perpetually as Administrators of the University of Louisiana as above provided, have full and complete control of all the property and rights, and now vested in the University of Louisiana. The said Board shall have the powers above provided in addition to those conferred by its charter, by act passed before Chas. G. Andry, Notary Public, in the city of New Orleans, on the 29th day of May, Anno Domini, 1882, including the power to hold and own all real and personal property, now to said Board belonging, or hereafter to be by it acquired, during its corporate existence, for the purposes and objects of its being, or the revenues whereof are to be solely applicable to such purposes. SEC. 4. Be it enacted, etc., That in honor of Paul Tulane and in recog- nition of his beneficent gifts and of their dedication to the purposes expressed 529 Vol. IV ſ: Legal Materials in this act, the name of the University of Louisiana be, and the same is hereby changed to that of the “Tulane University of Louisiana,” under which name it shall possess all powers, privileges, immunities and franchises, now vested in said University of Louisiana, as well as such powers as may flow from this act, or may be vested in said Board, under the term of this act, from the adoption of the Constitutional Amendment hereafter referred to. The purpose of this act, being to invest the Board of Administrators of the “Tulane Education Fund” with all the rights now vested in the University of Louisiana; to give said Board moreover complete control of said University in all its departments, and in every respect, with all powers necessary or incidental to the exercise of said control. To enable said Board, besides the powers designated by this act, to have irre- vocably upon the adoption of said Constitution Amendment, full power with the rights hereby conferred to create and develop a great University in the city of New Orleans to be named as aforesaid. Said University to be established by the said Board of Administrators of the “Tulane Education Fund,” to be dedicated to the intellectual, moral and industrial education of the youth of the State, in accordance with the Charter of said Board of Administrators of the “Tulane Education Fund.” SEC. 5. Be it further enacted, etc., That in consideration of the agree- ment of said Board to develop and maintain the University of Louisiana, and thereby dedicate its revenues not to purposes of private or corporate income or profit, but to the public purposes of developing and maintaining the University of Louisiana, all the property of the said Board, present and future, be and the same is hereby recognized as exempt from all taxation, State, parochial and municipal; this exemption to remain in force as long as the revenues of the said Board are directed to the maintenance of the University of Louisiana, as aforesaid, or until said Constitutional Amendment be adopted. The adoption of said amendment shall operate such exemption in consideration of the said Board expending their revenues as aforesaid, or creating, maintaining and developing a great University in the City of New Orleans; provided, that the property exempted from taxation by this act shall not exceed in value five millions of dollars, invested in real estate not otherwise exempted, which said value shall be determined in the mode required by law for the assessment and valuation of proprty subject to taxation, it being the true meaning and intent hereof, that all the property of the Tulane University of Louisiana, of whatsoever character, shall be exempted from taxation, State, parochial and municipal, except the excess of real estate belonging thereto, over and above the value of five million dollars, as above stated. SEC. 6. Be it further enacted, etc., That in consideration of the vesting of the administration of the University of Louisiana in the said Administrators of the “Tulane Education Fund,” of the transfer of the rights, powers, privileges, franchises and immunities of the said University to said Administrators, and of the exemption from all taxation as hereinabove provided, the said Adminis- trators hereby agree and bind themselves, with the revenues and income of the property heretofore given them by Paul Tulane, Esq., as well as from the revenues of all other property, real, personal or mixed, hereafter to be held, owned or controlled by them, for the purposes of education, to develop, foster and main- tain, to the best of their ability and judgment, the University of Louisiana, here- after to be known as the “Tulane University of Louisiana,” and upon the adop- tion of the Constitutional Amendment aforesaid, to perpetually use the powers conferred by this act, and all power vested in them, for the purpose of creating and maintaining in the City of New Orleans a great University, devoted to the intellectual, moral and industrial education and advancement of the youth of this State, under the terms of the donation of Paul Tulane, and the previous provisions of this act. The said Board further agree and bind themselves to waive all legal claim upon the State of Louisiana for any appropriation, as provided in the Constitution of this State, in favor of the University of Louisiana. Besides the waiver of the claim, as aforesaid, as an additional consideration between the parties to this act, the said Board agrees to give continously, in the academic department, free tuition to one student from each Senatorial and from each Representative district or parish, to be nominated by its member in the General Assembly from among the bona fide citizens and residents of his district or 530 Vol. IV Acts of the Legislature º: parish, who shall comply with the requirements for admission established by said Board. The meaning of this provision being that each member of the General Assembly, whether Senator or Representative, shall have the right of appointing one student, in accordance with the foregoing provisions. The free tuition herein provided for shall continue until each student has graduated from the academic department, unless his scholarship has ceased from other causes. Whenever a scholarship becomes vacant, from any cause, the Senator or Rep- resentative who appointed the previous student, or his successor, shall, in the manner prescribed by this section, immediately name a successor. SEC. 7. Be it further enacted, etc., That this act, in all its provisions be and the same is hereby declared to be a contract between the State of Loui- siana and the Administrators of the “Tulane Education Fund,” irrevocably vesting the said Administrators of the “Tulane Education Fund,” with the powers, franchises, rights, immunities and exemptions herein enumerated and hereby granted, and irrevocably binding said administrators to develop, foster and maintain as above provided, the University as aforesaid in the City of New Orleans, subject to and in accordance with the terms of this act. SEC. 8. Be it further enacted, etc., That this act, in all its terms, pro- visions and stipulations, without in any manner affecting the validity thereof, or casting any doubt upon its constitutionality, be submitted, for ratification at the next general election by constitutional amendment, as hereinabove and hereinafter provided. SEC. 9. Be it further enacted, etc., That upon the passage and promul- gation of this act the said Administrators of the “Tulane Education Fund,” shall have the right to avail themselves of the provisions of this act pending the submission of the constitutional amendment aforesaid. In case they should so elect to do, the said administrators, upon the passage of this law and the promulgation thereof, shall give notice of such intention to his Excellency, the Governor of this State, which notice shall authorize said Board to act under the provisions of this act and to exercise all the powers, privileges, franchises, immunities and rights which this act confers, and to undertake the performance of the duties by it imposed. In case the said Constitutional Amendments as aforesaid be not ratified, the said Board shall not in any way be held bound by its said action, but shall have the right to relieve itself of all liability growing out of such action by turning over to the Governor of the State, any property received by it from the State, or from the Administrators of the University of Louisiana, under the terms of this act, which to the extent of its imposing any obligation on the said Administrators of the “Tulane Education Fund,” shall by said return, become null and void; provided, that the said Board may in the event of the defeat of said Constitutional Amendment continue to execute and to avail themselves of the provision of this act to the full extent that, the same are legal without Constitutional enactment. SEC. 10. Be it further enacted, etc., That sections 1357, 1362, 1363, 1365, 1366, 1367, 1370, 1372, 1373 and 1374 of the Revised Statutes, be and the same are hereby repealed, and that all laws and parts of laws conflicting in any manner with the terms of this act, be and the same are hereby repealed. SEC. 11. Be it further enacted, etc., That at the next general election to be held in this State, there shall be submitted to the pople of the State, the following amendment to the Constitution: (The terms of the Act No. [here inserting the number of this act], adopted at the session of the Legislature in the year 1884, are hereby ratified and approved; and all provisions of the Con- stitution of 1879 repugnant thereto, or in any way impairing the passage thereof, are hereby repealed, so far as the operations of said act are concerned.) SEC. 12. Be it further enacted, etc., That all electors who desire to vote at said election for said amendment, shall write or print upon their ballots the words: “For the Tulane University amendment,” and all electors who desire to vote at said election against said amendment shall write or print upon their ballots the words: “Against the Tulane University amendment.” 531 Vol. IV ſ: Legal Materials ACT 67 OF 1884 (See New Orleans Studies, Volume Four, p. 380.) ACT 95 OF 1890, AS AMENDED [This act is reprinted as amended through 1910. Part of the act was incorporated into the Revised Statutes of 1950 as 38:1311-38:1322. Sections 13-18 are retained as Special Statutes, not included in the Revised Statutes of 1950, and the remaining sections of the act were repealed by the Revised Statutes.—Ed.] Section 1. Be it enacted by the General Assembly of the State of Loui- siana; That all that part of the parish of East Baton Rouge, lying south of the city of Baton Rouge, and all those parts of the parishes of Iberville, Ascen- sion, St. James, St. John the Baptist, St. Charles and Jefferson, lying east of the Mississippi river shall constitute a levee district to be known and styled “The Pontchartrain Levee District.” Section 2. Be it further enacted, etc., That there shall be a board of commissioners for the said Pontchartrain Levee District to be composed of one (1) competent person, possessing the requisites of a qualified elector for each of the parishes or parts of the parishes embraced in said levee district to serve as levee commissioners for the respective parishes and also of one (1) rep- resentative of the Louisville, New Orleans and Texas Railway Company, and one (1) representative of the Illinois Central Railroad Company, all to be appointed by the Governor; and they shall hold office during the term of the executive appointing them and thereafter until their successors are appointed, qualified and inducted into office; said commissioners shall constitute a board styled “The Board of Commissioners for the Pontchartrain Levee District,” and they shall have supervision of the location, construction, erection, repairs, preserva- tion and maintenance of all levees in said district pursuant to article No. 214 of the Constitution as amended. Section 3. Be it further enacted, etc., That said Board of Commissioners is hereby constituted a body politic or political corporation invested with all the powers inherent in such corporations; it shall have authority to sue and be sued under the style of “The Board of Commissioners for the Pont- chartrain Levee District,” and all process against said corporation shall be served on the President, and all suits in behalf of the Board shall be brought by the President. The domicile of the board, for the purpose of instituting suits against it, shall be fixed in the parish of St. James, and it shall be brought into court by service made upon the President or in his absence, upon the Secertary; it shall have authority to buy and sell property, to make and execute all contracts, and to do and perform all things necessary to carry out the objects of this act, subject to the limitation and duties herein provided. It shall have a corporate seal, and copies of all regulations and records of proceedings of said board, certified to by its Secretary, under the corporate seal, shall be received in all courts as prima facie evidence of the acts and proceedings of said Board. All funds of said Board shall be deposited with the State Treasurer to the credit of said district, and shall be drawn from the treasury only upon warrants signed by the President or acting President of said Board shall be deposited with the State Treasurer to the credit of said district, and shall be drawn from the treasury only upon warrants signed by the President or acting President of said board and attested by the signature of its Secretary and the seal of the board. Said warrants shall specify the purposes for which they are drawn, and they shall be drawn only for the purposes contemplated by this act. Section 4. Be it further enacted, etc., That said Commissioners, after having been duly appointed and qualified, shall convene and hold their first meeting at the courthouse of the Parish of St. James, on a day to be fixed by the Governer, as soon as possible after the appointment of said Commis- 532 Vol. IV Acts of the Legislature º; sioners. A majority of said Commisisoners shall constitute a quorum for the transaction of all business. They shall organize by electing from their own number, a President, and they shall appoint a Secretary, and fix his salary; they shall designate the time and select the place for holding their regular sessions, which said place may be anywhere in the said district, and may be convened at any time, upon call of their President, or upon call of four (4) of the Commissioners. The Board shall also elect one (1) of its number Vice President, who in case of the death or resignation of the President or in his absence, failure or inability to act, shall perform all the duties of the Presi- dent. In case of neglect of duty of any Commissioner, or his failure without good cause, to attend regular meetings for three (3) times successively, it shall be the duty of the Governor, on request of the Board, to remove such Commissioner, and appoint his successor. The Commisisoners except the Presi- dent, shall receive a salary of four dollars ($4.00) per day each, during the period they are in actual attendance upon the Board, and ten cents (10 cts.) a mile going and coming, to be paid out of the funds of the levee district on the warrant of the President attested by the Secretary and said President shall receive a salary of twelve hundred dollars ($1,200.00) per annum, payable monthly. [Amended by Act 4 of 1904]. Section 5. Be it further enacted, etc., That the said board shall be invested with the control of all public levees in the district with authority to require the State Engineers under supervision of said Board, to lay off, furnish estimates, and perform all engineering work necessary to the location, construction, repair, maintenance and preservation of levees. Section 6. Be it further enacted, etc., That said Board shall adopt by-laws for its own government and for the government of its employees; it shall devise and adopt rules and regulations for a comprehensive levee system, having for its object the protection of the entire district from overflow; it shall keep a record of its proceedings, which shall be published after each meeting in a journal to be selected by it; it shall be the duty of the Board at each regular session, to examine all accounts and operations of the Board, and determine what work shall be undertaken; provided, that all work be advertised to be let out by means of sealed proposals to the lowest responsible bidder, reserving to the Board authority to reject all bids; that in case of emergency the Board shall have authority to make contracts for the building of all levees without advertisements and sealed proposals; it shall use all means at its command to preserve, strengthen, repair or construct any portion of the levees that may demand immediate attention; it shall appoint inspectors, with the authority to employ guards on the levees, when necessary; and generally, the board shall do all things necessary to obtain the objects contemplated by this act. Section 7. Be it further enacted, etc., That it shall be the duty of the State Board of Engineers to designate one of its members to attend each meet- ing of said levee board, and to report and give his advise [sic] to said board at each meeting, on all matters relating to the construction, repair and preserva- tion of all levees within the said district, That the State Board of Engineers shall locate the lines of all levees to be constructed in said district, which lines when so located, shall not be changed or altered except by the order of the State Board of Engineers. That said State Board of Engineers shall furnish estimates and specifications and perform all engineering work required of them by the Levee Board. [Amended by Act 68 of 1892]. Section 8. Be it further enacted, etc., That the care and police of levees shall devolve on the resident commissioners, assisted by such inspectors and watchmen as may be appointed pursuant to the regulations that may be pro- vided by said Board. The resident commissioners, or any member, levee inspector, or other officers of the Board may, in case of threatened danger or urgent neces- sity, order out all, or as many as may be necessary, of the road hands of the parish, and cause them to work on the levees. For such emergency, all persons serving thereon shall be paid by the Board at the rate of $1.00 per day; and for night service, double this rate shall be allowed. Any person, subject to road duty, who being duly notified, shall fail to attend and render immediate service, shall be guilty of a misdemeanor and on conviction thereof, before 533 Vol. IV ſº Legal Materials any court of competent jurisdiction, shall be fined not less than five ($5.00) nor more than twenty dollars ($20.00). Section 9. Be it further enacted, etc., That for the purpose of raising a revenue, said Board is hereby authorized to levy annually all district levee taxes authorized by Article No. 214 of the Constitution as amended, and in manner and form as provided in Act No. 8 of the acts of 1888; and it shall be the duty of the assessors, to extend said tax on the tax rolls, and the tax collectors of the respective parishes to collect said tax in the same manner that State taxes are collected, and to settle therefor with the Auditor and State Treasurer. Said taxes shall be secured by lien and privilege concurrent with, and to be recorded and preserved in the same manner as the lien and privilege for State taxes. The tax collector shall receive compensation for collecting any and all taxes and contributions under this act, at the same rate as for the collection of State taxes. Section 10. Be it further enacted, etc., That nothing in this act shall be so construed as to deprive said Pontchartrain Levee District of its share of the “General Engineer Fund,” and that all taxes hereafter collected upon the rolls of the first and second levee districts as now existing upon the property within the limits of said Pontchartrain Levee District shall be transferred to the credit of the Pontchartrain Levee District; that all funds now standing to the credit of said second levee district shall be transferred to the credit of said Pontchar- train Levee District; and that all outstanding warrants against the Second District Levee Fund shall be paid from the funds of said Pontchartrain Levee District; that all funds now standing to the credit of said First Levee District shall be divided between said First Levee District as constituted after the passage of this act and said Pontchartrain Levee District in proportion to the valuation of the property taxed for levee purposes within the limits of the respective districts, and all outstanding warrants shall be paid from the funds of said two levee districts in like proportion. Section 11. Be it further enacted, etc., That in case the said board shall deem the said funds heretofore provided for in this act inadequate to locate, construct, maintain, repair and preserve levees, so as to prevent disastrous floods, the said board shall have authority to levy a special assessment or forced contribution not to exceed three (3) cents per acre on all land other than that cultivated in sugar, cotton or rice, excepting swamp lands subject to tidal over- flow, and to levy a special assessment or forced contribution not to exceed fifteen cents (15) per barrel, on each and every barrel of sugar; fifty cents (50) per hogshead on each and every hogshead of sugar; five cents (5) per barrel on each and every barrel of molasses; and three cents (3) per sack on each and every sack of rice produced in said district; and fifty cents (50) per bale on each and every bale of cotton produced in said district, and seven and one-half cents (7-ºc) per ton on all sugar cane grown in said district and removed therefrom before being converted into sugar, and four cents (4) per hundred pounds on all seed cotton grown in said district and removed therefrom beyond the limits of any levee district in this State before being ginned and baled; and also one hundred dollars ($100) per mile on each and every mile of main line of railroad within said district. The same shall be col- lected by the Sheriff of each parish in such manner and under such regulations as the board may direct; but in all cases it shall be collected before the said sugar, mollasses, sugar cane, cotton or rice is moved from the parish wherein it is produced; and when sugar cane and seed cotton grown in the district are removed therefrom before being manufactured or ginned, and baled, both the grower and the manufacturer, or ginner, shall be liable in solido for the payment thereof. [Amended by Act 95 of 1900]. Section 12. Be it further enacted etc., That in order to provide additional means to carry out the purposes of this Act, and to furnish other resources to enable said Board to establish and complete a thorough system of levees, and to protect the lands of the Pontchartrain Levee District from floods from the Mississippi River, all lands belonging to the State of Louisiana embraced in the original grants by Congress to the State for levee and drainage purposes that are located in the Parishes or parts of Parishes comprising the Pontchartrain 534 Vol. IV Acts of the Legislature 3. Levee District and subject to overflow be, and the same are hereby donated and transferred to said Board of Commissioners; Provided this shall in no wise interfere with the rights or claims of actual settlers and that all lands occu- pied, improved or cultivated by such actual settlers shall be reserved by the State and shall be subject to entry only by actual settler's under provisions of Act No. 21 of 1886, and said claims shall be adjudicated by the Register of the State Land Office in pursuance of rules and regulations established by said Act No. 21 of 1886 and no entry shall be allowed by him unless more than one half of the land claimed by any settler shall be suitable for cultivation. And also that all lands forfeited or sold to the State for nonpayment of taxes situated in said district and liable to overflow, be, and the same are hereby donated and transferred to said Board of Commissioners where the period for redemption has expired and as soon as the period shall hereafter expire. A list of said lands in the respective Parishes or parts of Parishes in said district shall be made out by the Auditor and certified to, and shall be furnished to the President of said Board, and when said list shall have been recorded in the Recorder's office of the respective Parishes the title of the State shall be abso- lutely vested in said board of Commissioners of the Pontchartrain Levee Dis- trict. That said lands shall be exempted from taxation during the time they shall remain in the possession of said Board. That said Board shall have author- ity to mortgage and sell such lands or otherwise dispose of them in such manner as it may [deem] proper, in order to raise funds to locate, construct, maintain and repair the levees and reclaim said lands from overflow. And when they shall sell said lands, either at public auction, or private sale, the proceeds thereof shall be deposited with the State Treasurer to the credit of the Pont- chartrain Levee District, and shall be drawn out only upon the warrants of the President of said board for the purposes provided for in this act. [Amended by Act 96 of 1894]. Section 13. Be it further enacted, etc., That for the purposes of raising further additional funds for said district, said Board of Commissioners, with a two-thirds vote, is hereby authorized and empowered to issue from time to time, and as may be required, bonds not to exceed a total amount of five hundred thousand dollars ($500,000.00), in such sums and denominations as said board may prescribe, not less than one hundred dollars ($100) each; said bonds shall be drawn payable to bearer, shall be signed by the president of the board officially, and attested by the signature of the secretary and seal of said Board of Commissioners. All of said bonds to become due at such time, not to exceed thirty (30) years from their issue, as may be fixed by said board, and they shall all bear interest at a rate to be fixed by said Board not to exceed six per cent, from the date of their issue, said interest to be evidenced by coupons attached to said bonds payable semiannually at the office of the State Treas- urer out of the funds hereinafter provided; and provided that in no case shall any of said bonds be sold or negotiated at a rate of discount exceeding ten (10) per cent; said board may further provide a plan for registering said bonds and thereby destroying their negotiability; and for thereafter restoring their nego- tiability by registering them payable to bearer. Section 14. Be it further enacted, etc., That said Board shall at the same time that it provides for the issue of said bonds, also provide a sinking fund in order to pay the principal of said bonds when due or payable, or to purchase the same before maturity, and adequate for said purpose. The amount of any sinking fund so provided shall be set aside by the State Treasurer of the State for that purpose out of the first funds collected by said State Treasurer for account of said Board of Commissioners during the year in which said funds are to be set apart. Said sinking fund shall, as fast as it is so set apart, be used by said board for the purchase or payment of said bonds, and the purchase of said bonds may be made in the open market or from the person offering to sell the same to the said board at the lowest figure, and which said purchase shall be made by the said Board of Commissioners and the funds disbursed for said purpose in the same manner as other funds are to be disbursed under the provisions of this Act. As soon as said board shall issue any bonds under this Act, it shall notify said State Treasurer of the fact and of the provisions for a sinking fund in order that said State Treasurer may set aside said sinking fund 535 Vol. IV ſ: Legal Materials and also a fund to pay interest on said bonds as hereinafter provided. In the event that said board shall be unable to purchase said bonds, then it shall invest said sinking fund in its own hands, in bonds of the State of Louisiana or of the United States as it may elect. [Amended by Act 74 of 1910]. Section 15. Be it further enacted, etc., That the said Board of Commis- sioners at the same time that it provides for the issue of bonds under this act, shall also pledge such a proportion of the taxes which it is authorized to levy by this act and pursuant to article No. 214 of the Constitution as amended as may be sufficient to pay the interest on said bonds as the same accrue and to provide a sinking [fund] as provided by this act, and the amount of tax so provided for the purpose of said interest and sinking fund is hereby pledged to secure payment of interest on said bonds and said sinking fund as the same accrue; and to that end after said bonds shall have been issued, negotiated or sold, a sufficient amount of said funds to pay all accruing interests for each year, shall be set aside annually in the State treasury, and shall not be drawn out except to pay said interests; and also a sufficient amount of said funds to provide for the sinking fund that may be constituted by said board, as herein above provided. Section 16. Be it further enacted, etc., That the issue of said bonds is hereby declared to create a valid contract between the said board of commis- sioners, the State and each and every holder of said bonds, which neither the said Board of Commissioners nor the State shall in anywise impair. The said bond shall be a valid obligation of said board in favor of any holder, and no court shall enjoin the payment of the principal or interest therefor, or the levy and collection of the tax therefor; to secure such levy, collection and payment, the judicial power shall be exercised when necessary by any court of competent jurisdiction within the State of Louisiana. The tax required for the payment of the interest and sinking fund upon said bonds and to be pledged for their payment as herein above set forth shall to the extent required to provide for the payment of the interest upon said bonds and said sinking fund, be assessed and collected each and every year until said bonds shall be paid, principal and interest, and no further legislation or appropriation or action of said board shall be required for the assessment and collection, and for such payment from the Treasury. Section 17. Be it further enacted, etc., That the corporate existence of said Pontchartrain Levee District and said Board of Levee Commissioners, as herein provided for shall continue until all the bonds issued in accordance with the provisions of this act shall have been paid off and extinguished, and thereafter until the same is terminated by the General Assembly of the State of Louisiana. And in no event shall the tax assessed and levied for the payment of said bonds be reduced, repealed or abated, until each of said bonds, with accrued interest thereon, shall have been paid off and extinguished. Section 18. Be it further enacted, etc., That in the event that said board shall neglect, fail or refuse to take action requisite for the payment of said interest upon said bonds, and for the purposes of the sinking fund for the purchase or payment of said bonds, as hereinabove provided, then any bona fide owner of any or all of said bonds shall have the right to compel said board by mandamus or other legal process, to levy said tax and in case that said board shall fail, neglect, refuse or be unable to act, or shall refuse to obey the order of the court, any and all action to be taken by said Board for the purpose of the payment of said interest and of said sinking fund, shall be taken by the State Treasurer whose action in the premises may be convened by any holder or holders of said bonds by writ of mandamus or other legal process. Section 19. Be it further enacted, etc., That in cases of grave emergency, where the funds on hand are not sufficient to meet the same, said Board shall have the right to anticipate its revenues for the current and following year, not otherwise appropriated by this act, and to issue debentures or certificates of indebtedness, payable out of said revenue so anticipated only and which may bear interest at a rate not to exceed six (6) per cent per annum. 536 Vol. IV Acts of the Legislature º: Section 20. Be it further enacted, etc., That should any officer charged with the duty of collecting or disbursing revenues under the provisions of this act fail, neglect or refuse to perform the duties devolving on him under this act, then said board or any holder of bonds, issued under this act, may apply to and obtain from any judge of a court of competent jurisdiction, a writ of mandamus in order to compel such delinquent officer to proceed to discharge his duties, pursuant to the provisions of this act. Section 21. Be it further enacted, etc., That if the president, any com- missioner or officer of said board shall willfully misappropriate any of the funds belonging to said levee district, or shall issue any warrant or evidence of debt, or make any approriation of property for his individual benefit or contrary to the objects, provisions, purposes and restrictions of this act, he shall be deemed guilty of the crime of embezzlement, and on conviction be and embezzled. Section 22. Be it further enacted, etc., That this act shall take effect from and after its promulgation; that act No. 33 of the acts of 1879, in so far as it is inconsistent with or in conflict with the provisions of this act be, and the same is hereby repealed and that all other laws or parts of laws in conflict herewith are hereby repealed. ACT I IO OF 1890 (See New Orleans Studies, Volume Four, p. 382.) ACT 128 OF 1890 (See New Orleans Studies, Volume Four, p. 381.) ACT 59 OF 1894 [This act was not incorporated into the Revised Statutes of 1950.-Ed.] AN ACT To authorize the Board of Commissioners for the Ponchartrain Levee District to issue and negotiate one million dollars ($1,000,000) or six (6) per cent fifty year bonds, to provide for the retirement and cancellation of four hundred and fifty-six thousand dollars ($456,000) of the bonds of said board issued under the provisons of Act No. 95 of 1890, and now out- standing by exchange therefor of the same amount of the bonds author- ized by this act, and to provide the means of paying the interest and princi- pal of the bonds issued under the provisions of this act. Whereas, legal notice of the intention to apply for the passage of this law has been published as required by Article No. 48 of the Constitution of the State of Louisiana and evidence thereof has been exhibited to the General Assembly. Section 1. Be it enacted by the General Assembly of the State of Loui- siana, That the Board of Commissioners for the Pontchartrain Levee District, with a two-third vote, is hereby authorized and empowered to issue from time to time, and as may be required, bonds not to exceed a total amount of one million dollars ($1,000,000) in such sums and denominations as said board may prescribe, not less than one hundred dollars ($100) each, said bonds shall be drawn payable to bearer, shall be signed by the president of the board of- ficially and attested by the signature of the secretary, and seal of said Board of Commissioners, all of said bonds to become due at such time, not to exceed fifty years from the date of their issue, as may be fixed by said board, and they shall all bear interest at a rate to be fixed by said board and not to ex- 537 Vol. IV ſ: Legal Materials ceed six per cent, from the date of their issue, said interest to be evidenced by coupons attached to said bonds payable semiannually at the office of the State Treasurer; and said board may further provide a plan for registering said bonds, and thereby destroying their negotiability; and for thereafter re- storing their negotiability; by registering them payable to bearer. Section 2. Be it further enacted, etc., That four hundred and fifty-six thousand dollars ($456,000) of the bonds authorized by this act, shall not be issued by said board, except in exchange for its bonds now outstanding, issued under the provisions of Act No. 95 of the General Assembly approved July 8th, 1890, which exchange said board is hereby authorized to effect at par; and it shall be the duty of said board to retire and cancel said old bonds as fast as they are received in exchange for the new bonds authorized by this act, and to make a proces verbal of the cancellation thereof, which shall be published in the official journal of the board. Section 3. Be it further enacted, etc., That said Board is hereby au- thorized to issue, negotiate or sell the remaining five hundred and forty-four thousand dollars ($544,000) of the bonds authorized by this act, as the needs of the district may require, and to use a sufficient amount thereof in exchange for the outstanding warrants and certificates of indebtedness of the Board to retire and cancel the same, provided that said bonds shall not be so exchanged at less than their par value and shall not be sold or otherwise negotiated at a rate of discount exceeding ten per cent, and provided further, that the en- tire amount of bonds issued and outstanding, under the provisions of this act, and of Act No. 95 of the General Assembly, approved July 8th, 1890, shall never at any time, together exceed in par value the sum of one million dollars ($1,000,000.) Section 4. Be it further enacted, etc., That said Board shall, at the same time it provides for the issue of said bonds, also provide a sinking fund in order to pay the principal of said bonds when due or payable, or to purchase the same before maturity, at not more than their face value and adequate for said purpose. The amount of any sinking fund so provided shall be set aside by the State Treasurer of the State for that purpose out of the first funds col- lected by said State Treasurer for account of said Board of Commissioners dur- ing the year in which said funds are to be set apart. Said sinking fund shall, as fast as it is so set apart be used by said Board for the purchase or payment of said bonds and the purchase of said bonds shall be made from the person offering to sell the same to the said Board at the lowest figure and at not more than their face value, which purchase shall be made after advertisng for bids during the period of thirty days in one daily newspaper in the city of New Orleans and in one daily newspaper in the city of New York, and which said purchase shall be made by said Board of Commissioners, and the funds dis- bursed for said purpose in the same manner as other funds are to be disbursed under the provisions of this act. As soon as said Board shall issue any bonds under this act, it shall notify the State Treasurer of the fact and of the pro- visions made for a sinking fund in order that said State Treasurer may set aside said sinking fund, and also a fund to pay interest on said bonds as here- inafter provided. In the event that said Board shall be unable to purchase said bonds at or below par then it shall invest said sinking fund in bonds of the State of Louisiana or of the United States, as it may elect. Section 5. Be it further enacted, etc., That the said Board of Commis- sioners at the same time it provides for the issuance of bonds under this act, shall also pledge such a proportion of the taxes which it is authorized to levy by Act No. 95 of the General Assembly approved July 8th, 1890, and pur- suant to Article 214 of the Constitution as amended, as may be sufficient to pay the interest on said bonds, as the same shall accrue and to provide a sink- ing fund as provided by this act, and the amount of tax so provided for the purpose of said interest, and sinking fund, is hereby pledged to secure payment of interest on said bonds as the same shall accrue and to establish said sinking fund, and to that end, after said bonds shall have been issued, negotiated, sold or exchanged, a sufficient amount of said funds to pay all accruing interest for each year, shall be set aside annually in the State Treasury and shall not be 538 Vol. IV Acts of the Legislature º: drawn out except to pay said interest; and also a sufficient amount of said funds to provide for the sinking fund that may be constituted by said Board, as hereinbefore provided. Section 6. Be it further enacted, etc., That the issue of said bonds is hereby declared to create a valid contract between the said Board of Commis- sioners, the State and each and every holder of said bonds, which neither the said Board of Commissioners nor the State shall in any wise impair. The said bonds shall be a vaild obligation of said Board in favor of any holder, and no court shall enjoin the payment of the principal or interest thereof, or the levy and collection of the tax therefor; to secure such levy, collection and payment, the judicial power shall be exercised when necessary by any court of compe- tent jurisdiction within the State of Louisiana. The tax required for the pay- ment of the interest and sinking fund for said bonds and to be pledged for their payment as hereinabove set forth, shall, to the extent required to provide for the payment of the interest upon said bonds and said sinkng fund, be assessed and collected each and every year until said bonds shall be paid, principal and interest, and no further legislation or appropriation or action of said board shall be required for the assessment and collection, and for such payment from Treasury. Section 7. Be it further enacted, etc., That the corporate existence of said Pontchartrain Levee District and said Board of Levee Commissioners, as herein provided for, shall continue until all the bonds issued in accordance with the provisions of this act shall have been paid off and extinguished, and thereafter until the same is terminated by the General Assembly of the State of Louisiana. And in no event shall the tax assessed and levied for the pay- ment of said bonds be reduced, repealed or abated, until each of said bonds with accrued interest thereon, shall have been fully paid off and extinguished. Section 8. Be it further enacted, etc., That in the event that said Board shall neglect, fail or refuse to take action requisite for the payment of said interest upon said bonds, and for the purposes of the sinking fund for the pur- chase or payment of said bonds, as hereinabove provided, then any bona fide owner of any or all of said bonds shall have the right to compel said Board by mandamus or other legal process, to levy said tax and, in case said board shall fail, neglect, refuse or be unable to act, or shall refuse to obey the order of the Court any and all action to be taken by said board for the purpose of the payment of the said interest and of said sinking fund shall be taken by the State Treasurer whose action in the premises may be invoked by any holder or holders of said bonds by writ of mandamus or other legal process. Section 9. Be it further enacted, etc., That this act shall take effect from and after its promulgation, and, that all laws or parts of laws in conflict here with, be, and the same hereby are repealed. ACT || 4 OF 1896 (See New Orleans Studies, Volume Four, p. 387.) ACT 63 OF 1898 (See New Orleans Studies, Volume Four, p. 390.) ACT 6 OF 1899 E.S. (See New Orleans Studies, Volume Four, p. 391.) ACT 6 OF 1899 E.S., AS AMENDED (See New Orleans Studies, Volume Four, p. 400.) 539 Vol. IV § Legal Materials ACT 72 OF 1900 (See New Orleans Studies, Volume Four, p. 391.) ACT 19 OF 1906 (See New Orleans Studies, Volume Four, p. 419.) ACT | 16 OF 1908 (See New Orleans Studies, Volume Four, p. 422.) ACT ITS OF 1908 (See New Orleans Studies, Volume Four, p. 423.) ACT |80 OF 1908 [This act was not incorporated into the Revised Statutes of 1950.-Ed.] AN ACT To authorize the Board of Commissioners of the Port of New Orleans to issue three million, five hundred thousand dollars ($3,500,000.00) of five (5) per cent bonds, which shall be exempt from taxation; to authorize the exchange of so many of said bonds as may be necessary to retire valid outstanding obligations of said board, and to provide for the sale of the remainder thereof; to provide for the payment of the principal and interest of said bonds and the disposition of the proceeds thereof; to define the powers and duties of the Board of Commissioners of the Port of New Orleans and the Treasurer of the State of Louisiana in relation thereto; to continue said board in existence until the payment of said bonds; and to submit to the people an amendment to the Constitution of the State of Loui- * authorizing the issue of said bonds and ratifying the provisions of this Ct. Whereas, the Board of Commissioners of the Port of New Orleans, created under the provisions of Act 70 of the General Assembly of the year 1896, as amended by Act No. 36 of the General Assembly of the year 1900, is vested with the administration of the public wharves and landings of the port and harbor of New Orleans, and charged with the duty of extending, improving and maintaining the same and the appurtenances thereto; and Whereas, said Board of Commissioners of the Port of New Orleans, assumed the duties imposed on it by law, at the termination of the lease between the City of New Orleans and the Louisiana Construction & Improvement Company, on the 29th day of May, 1901; and Whereas, said Board out of its revenues has, since said date practically rebuilt the entire wharf system received from said Louisiana Construction & Im- provement Company, built new wharves, erected steel sheds on the wharves and landings for the protection of merchandise in transit, constructed paved roadways and approaches thereto, provided suitable dredge and tugboats for dredging and fire protection purposes; has maintained sufficient depth of water and provided for the lighting and policing of the wharves, landings, sheds and appurtenances thereto; and Whereas, on account of the growing commerce of the port and harbor of New Orleans it is now necessary that additional wharves be constructed and extensive enlargements and improvements of the system of wharves, landings, sheds and appurtenances be made so that the facilities for the handling 540 Vol. IV Acts of the Legislature º: of export and import cargoes in the port and harbor of New Orleans will be equal, if not superior, to similar facilities at any South Atlantic or Gulf port; and Whereas, funds cannot be made available for these purposes except by the issue of bonds; and Whereas, the said Board of Commissioners of the Port of New Orleans is assured that provision can safely be made from its revenues for the payment of the interest annually, and the payment of the principal at maturity, of three million five hundred thousand dollars ($3,500,000.00) of five per cent bonds; and Whereas, legislation providing for the issue of said bonds and recommending the submission to the people of an amendment to the Constitution of the State of Louisiana authorizing the issuance of said bonds and ratifying the provisions of this Act, is recommended by the Port Investigation Com- mission, created by Act No. 9 of the Extra Session of 1907; therefore: Section 1. Be it enacted by the General Assembly of the State of Loui- siana, two-thirds of all the members elected to each House concurring: That, subject to the ratification of the people of the State of Louisiana, by the adoption of an amendment to the Constitution of the State, herein- after submitted to them, the Board of Commissioners of the Port of New Orleans, created by Act No. 70 of the General Assembly of 1896, as amended by Act No. 36 of the General Assembly of the year 1900, is hereby authorized and empowered, and it shall be its duty, to issue bonds not to exceed three million five hundred thousand dollars ($3,500,000.00) in amount, dated Janu- ary 1, 1909, bearing five per cent. per annum interest, payable semi-annually, the principal of which shall be payable at any time between July 1, 1924 and July 1, 1959. Said bonds shall be drawn payable to bearer and shall be styled “Port Commission Bonds.” They shall be of the denomination of one thousand dollars ($1,000.00) each, payable in lawful money of the United States, with semi-annual interest coupons attached, due July 1st and January 1st. They shall be signed by the President and countersigned by the Secretary of the Board of Commissioners of the Port of New Orleans. They shall be exempt from all taxation, State, parish and municipal, and the tutors of minors and curators of interdicts shall be authorized to invest the funds in their hands in such bonds. They may be registered and released from registry under such rules and regulations as may be prescribed by said Board of Commissioners of the Port of New Orleans, and no registered bond shall be negotiable. They shall be receivable on deposit with the State, or its officers, or any of its political sub- divisions or municipalities, in all cases where, by law, deposits of bonds are required or allowed to be made as security, with the State, or its officers, or any of its political subdivisions or municipalities. Section 2. Be it further enacted, etc., That, as soon as the Constitutional authority for the issuance of said bonds shall have been obtained, it shall be the duty of the Board of Commissioners of the Port of New Orleans to cause said bonds to be engraved and executed. The Board of Commissioners of the Port of New Orleans is hereby authorized and empowered, on and after January 1, 1909, to exchange, at not more than par and accrued interest, so many of said bonds as may be necessary to retire outstanding obligations of said Board, coupons past due at the date of exchange to be detached and canceled by said Board before delivery of bonds; and said Board is hereby authorized and em- powered to sell the remainder of said bonds, in whole or in part, in such man- ner, and upon such terms and conditions, as by said Board may be deemed advisable; provided, that no sale shall be made by said Board at a price which will net to the Board less than par and accrued interest. Coupons attached to said bonds, past due at the time of delivery, shall be detached and canceled by said Board before delivery of the bonds. Section 3. Be it further enacted, etc., That the principal and interest of said bonds shall be paid by preference from the revenues of the Board of Commissioners of the Port of New Orleans, and all revenues collectible under 541 Vol. IV Acts 1908 Legal Materials : the laws, as now existing, shall be and are hereby pledged to secure said bonds and interest. In no event shall the charges imposed by said Board, under the law now existing, be reduced to an amount less than necessary for the payment of the principal and interest of said bonds; and the Board of Com- missioners of the Port of New Orleans, as presently organized and without diminution of existing territorial jurisdiction, shall continue in legal existence until all the bonds issued in accordance with this Act shall have been paid in principal and interest; provided that the members of said Board shall be appointed by the Governor, subject to removal by the Governor, and the Governor shall have power to fill all vacancies. The interest on said bonds shall be evidenced by coupons attached thereto, payable semi-annually, by the Treasurer of the State of Louisiana, on the first days of July and January, and said Board shall place on deposit, on or before April 1, 1909, and on or before the first of April of every subsequent year, with the Treasurer of the State of Louisiana, to the credit of a special account to be styled “Interest Account” an amount equal to the annual interest on all bonds that may have been delivered. Said Treasurer is hereby empowered and directed, and it is made his duty, to pay any and all such coupons that may be due when presented by any holder thereof. In the year 1924, and annually thereafter, said Board shall, in addition to the amount of the annual interest due on the 1st of July, place on deposit, on or before April 1, with the Treasurer of the State of Louisiana, to the credit of a special account to be styled “Bond Redemption Account,” a sum of one hundred thousand dollars ($100,000.00), and the said Treasurer is hereby empowered and directed, and it is made his duty, to pay, on the 1st of July, of the year 1924, and annually thereafter, out of said Bond Redemption Account, one hundred (100) of said bonds in the reverse order of their issue; and all bonds and coupons retired under this Act shall be by said Treasurer duly canceled and delivered to the Board of Commissioners of the Port of New Orleans, which shall receipt for same, and which shall retain and paste the same as vouchers, in a book to be by it kept for that purpose. It shall be the duty of said Treasurer to require said deposits to be made as aforesaid; and in case of failure on the part of said Board to make said deposits, or to impose, under the law as now existing, the charges for the use of said wharves, landings, sheds and appurte- nances thereto, or to collect the revenues therefrom, in an amount sufficient to provide for the payment of interest due or to become due, and the redemption of bonds as provided in this Act, said Treasurer is hereby empowered and directed, and it is made his duty, to impose said charges and collect said revenues, and to apply the same to the purposes of this Act, and to that extent, and for that purpose only, and for such time as may be necessary to that end, the said Treasurer is hereby authorized to exercise all the powers and is charged with all the duties vested under existing law in the Board of Commissioners of the Port of New Orleans. Section 4. Be it further enacted, etc., That all of the provisions of this Act shall constitute a contract between the holder of the bonds issued there- under, the State of Louisiana, and the Board of Commissioners of the Port of New Orleans. Section 5. Be it further enacted, etc., That the Board of Commissioners of the Port of New Orleans shall, and it is hereby authorized and empowered to expend the proceeds of said bonds for the extension of existing wharves, for building new wharves, for erecting sheds, for constructing roadways, and other improvements; for the purchase of suitable dredges, barges and tugboats; for the payment of wharves or other property purchased or expropriated, and for the payment of obligations heretofore contracted and outstanding; provided that no private property shall be taken without just and adequate compensa- tion previously paid. On the thirty-first day of December of each year, the said board shall furnish a detailed account of the receipts and expenditures to the Governor of the State; which report shall be published once in the official journal of the City of New Orleans. 542 Vol. IV Acts of the Legislature º: 1 ; : i : Section 6. Be it further enacted, etc., That at the Congressional election to be held in this state on the first Tuesday following the first Monday of November, 1908, the following amendment to the Constitution of the State of Louisiana shall be submitted to the electors of the State, to wit: “The Board of Commissioners of the Port of New Orleans shall have power, and it shall be its duty, to issue three million five hundred thousand dollars ($3,500,000.00) of bonds to be known as ‘Port Commission Bonds,’ for the purposes and under the provisions and conditions set forth in the Act of the Legislature adopted to that end and for that purpose at the regular session of General Assembly of 1908, which said Act is hereby ratified and approved; and all provisions of the present Constitution of the State in conflict with the provisions of this Act, and with this amendment are, to that extent and for that purpose only, repealed.” Section 7. Be it further enacted, etc., That, on the official ballots to be used at said election shall be placed the words: “For the Port Commission Bond Amendment,” and the words: “Against the Port Commission Bond Amend- ment,” and each elector shall indicate his vote on the proposed amendment as provided by the general election laws of this State. ACT 34 OF 1910 AN ACT To authorize and empower the Board of Control of the State Penitentiary to mortgage or bond the Angola Plantation, situated in the Parish of West Feliciana, and to use the proceeds of said mortgage or bond issue for the purpose of erecting a sugar refinery on said plantation. Section 1. Be it enacted by the General Assembly of the State of Louisiana: That the Board of Control of the State Penitentiary is hereby authorized and empowered to borrow such amounts as said Board may deem proper, not to exceed $200,000, at the current rate of interest, by mortgaging or bonding the Angola Plantation, situated in the Parish of West Feliciana; that said Board of Control shall, before completing the loan contemplated by this Act, submit the terms and conditions thereof to the Governor of the State for his approval or disapproval, and, if the Governor shall approve of said loan and its terms and conditions, he shall certify thereto in writing, which certificate shall be the authority to the said Board of Control of the State Penitentiary to complete said loan by executing a mortgage or other legal instrument for the security thereof. Section 2. Be it further enacted, etc., That the proceeds of the mortgage or bond issue contemplated by this Act shall be covered into the State Treasury by the Board of Control of the State Penitentiary and credited to its account and used by said Board for the purpose of erecting and equipping a sugar refinery on the Angola Plantation. ACT NO. I33 OF 1910 JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana, giving the power to the Board of Commissioners of the Port of New Orleans to erect and operate public warehouses. Section 1. Be it resolved by the General Assembly of the State of Louisiana, two-thirds of all members elected to each House concurring, that the Board of Commissioners of the Port of New Orleans is hereby authorized to erect and operate warehouses and other structures necessary to the commerce of the Port of New Orleans, and to that end shall have the right to expropriate any property necessary for said purposes; and to pay for same by issuing mortgage 543 Vol. IV #. Legal Materials 7 or mortgages, bond or bonds against the real estate and buildings erected 8 thereon; said mortgage or mortgages, bond or bonds are to be paid out of 9 the net receipts after the payment of operating expenses; that the said Board 10 of Commissioners of the Port of New Orleans are empowered to fix charges 11 for storage on all goods or merchandise. 12 The said Board of Commissioners of the Port of New Orleans are empowered 13 to issue receipts, negotiable or otherwise for property or merchandise in its 14 charge or possession; provided, however, that they shall not be liable for a 15 greater amount than the value of the buildings and land upon which the ware- 16 house or warehouses are erected, for any transaction arising from the storage 17 of merchandise thereon or otherwise. 1 Section 2. Be it further resolved, etc., That at the Congressional Election 2 to be held in this State on the first Tuesday following the first Monday in 3 November 1910, the foregoing amendment to the constitution of this State 4 shall be submitted to the electors of the State; that on the official ballot to 5 be used at said election shall be placed the words; “For the Board of Com- 6 missioners' Warehouse Amendment” and the words: “Against the Board of 7 Commissioners' Warehouse Amendment”, and every elector shall indicate his ; §: on the proposed amendment as provided by the general election laws of this tate. ACT 23 OF 1914, AS AMENDED (See New Orleans Studies, Volume Four, p. 426.) ACT 33 OF 1914 [This act was not incorporated into the Revised Statutes of 1950.-Ed.] AN ACT To ratify, confirm and validate the titles to certain properties sold by the Board of Commissioners of the Pontchartrain Levee District under the terms and conditions of Act 215 of 1908; Due notice of the intention to submit this Act having been given as re- quired by Article 50 of the Constitution of Louisiana and proof of published intentions having been made. Section 1. Be it enacted by the General Assembly of the State of Loui- siana, That the Board of Commissioners of the Pontchartrain Levee District having advertised for sale in the “St. Charles Herald” of date July 2, 9, 16, 23 and 30, 1910, the following described property situated in the Parish of St. Charles, State of Louisiana: Township 12, South, Range 9, East, Section 17. Lots 1, 2, 3, 4, 5, 6, 7. North #4 of SW 14, SEA of SW14. Section 18. Lots 1, and 2. Section 20. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9. NE14 of SW34. Section 29. Lots 1, 2, 3, 4. Section 7. All. Section 30. Lots 1 and 2. all of above being in South-eastern Land District of Louisiana, East of the Mississippi River. The said property having been sold to Joseph Gottlieb on the first day of August, 1910, by Sheriff's deed recorded in “Conveyance Book” “O,” folio 795, and Judicial Sale Book 3, folio 79, Parish of St. Charles; the said prop- erty also having been advertised under the terms of Act 215 of 1908 in the official journal of the State of Louisiana, the “New Advocate,” on June 18, July 8, 15, 22, 27, 30, 1910, and the said properties having been transferred 544 Vol. IV Acts of the Legislature º: ; in good faith by the Board of Commissioners of the Pontchartrain Levee Dis- trict, at public auction, for a good and valid consideration, and the consideration having been received by the Board of Commissioners of the Pontchartrain Levee District, the said sale of the properties from the Board of Commissioners of the Pontchartrain Levee District to Joseph Gottlieb, described hereabove, is hereby approved, confirmed and validated. ACT 244 OF 1914 JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana giving the power to the Board of Commissioners of the Port of New Orleans to dig, build, erect and operate or acquire and operate a navigation canal, and the necessary locks, slips, laterals, basins and appurtenances thereof, in the city of New Orleans, to connect Lake Pontchartrain and the Missis- sippi River. Section 1. Be it resolved by the General Assembly of the State of Loui- siana, two-thirds of all members elected to each House coucurring, That the Board of Commissioners of the Port of New Orleans is hereby authorized to dig, build, erect and operate or acquire and operate a navigation canal in the city of New Orleans, together with necessary locks, slips, laterals, basins and appurtenances thereof, and other structures necessary therefor, to connect Lake Pontchartrain and the Mississippi River, in aid of commerce. The location of said canal shall be fixed and determined by the Commission Council of the city of New Orleans, and shall be constructed under plans and specifications to be first approved and ratified by the Board of Commissioners of the Port of New Orleans and by the said Commission Council, and to be further approved and ratified by the Board of Levee Commissioners of the Orleans Levee District and by the State Board of Engineers of the State of Louisiana; the concurrence of all these bodies being necessary to the adoption of said plans and specifications. Section 2. Be it further resolved, etc., That for the digging and building of said canal, locks, slips, laterals, basins and appurtenances thereof, the said Board Commissioners of the Port of New Orleans shall have the right to expropriate any property necessary for that purpose, and to pay for same and the necessary works and improvements thereon by issuing mortgage or mort- gages, bondſs] or bonds, against the real estate and canal and locks and other improvements erected thereon; said mortgage or mortgages, bond or bonds, to be paid out of the net receipts of said canal and appurtenances thereof, after the payment of operating expenses; and that the said Board of Com- missioners of the Port of New Orleans are empowered to fix charges for tolls in said canal and for charges to all vessels mooring against the banks of said canal. Section 3. Be it further resolved, etc., That the foregoing sections are self- operative, and the Board of Commissioners of the Port of New Orleans and the city of New Orleans shall, by ordinance or otherwise, carry the same into effect. Section 4. Be it further resolved, etc., That at the congressional election to be held in this State on the first Tuesday following the first Monday in November, 1914, the foregoing amendment to the Constitution of the State shall be submitted to the electors of the State; that on the official ballot to be used at said election shall be placed the words “For the Board of Commissioners' Canal Amendment,” and the words “Against the Board of Commissioners' Canal Amendment,” and every elector j indicate his vote on the proposed amendment, as provided by the general election of this State. ACT 4 OF 1916 (See New Orleans Studies, Volume Four, p. 449.) 545 Vol. IV Acts 1916 Legal Materials ACT I I 0 OF 1916 A JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana, pro- viding for the funding of certain debts of the City of Shreveport, and judg- ments against the said city, the issuance of serial bonds by said city, pro- viding the purpose for and the manner in which same may be issued, and the duties of the city Council of the City of Shreveport, with reference thereto; and the levying by the City Council of Shreveport of certain taxes to retire the bonds as issued herein, by said city. And providing for the submission of said amendment to the electors of the State for their approval or rejection. Be it enacted by the General Assembly of the State of Louisiana, two-thirds of all the members elected to each branch thereof concurring, that subject to the ratification and approval of the electors of this State, the Constitu- tion of the State be amended by incorporating therein, the following provi- sions, to-wit: Section 1. The City of Shreveport by a four-fifths vote of all the members of the City Council thereof, shall have power and is hereby authorized to issue $500,000 of bonds, or so much thereof as may be necessary to be styled City of Shreveport Serial Gold Bonds, and to bear such rate of interest as the City Council may fix from time to time, as each installment of the said bonds is offered for sale, as hereinafter provided; said rate of interest at no time to exceed 5 per cent per annum payable semi-annually. Section 2. The proceeds of said bonds shall be applied to the payment and retirement of all certificates of indebtedness issued by the City of Shreve- port prior to May 1, 1916, and to the payment of all judgments rendered against said city prior to May 1, 1916. Section 3. All bonds issued under this amendment shall be in such form, terms and denominations, and payable at such time and places, within a period of not exceeding forty years from the date thereof, as the City Council of Shreveport shall determine. Said bonds shall be issued in serial form and shall be payable in annual installments, commencing not more than one year from their respective dates, and the installment payable in each year shall be so fixed, that when the annual interest is added thereto, the several annual total amounts of principal and interest to be paid shall be as nearly equal as prac- ticable. Said bonds shall be signed by the Mayor and the Secretary-Treasurer of the City of Shreveport, and countersigned by the Commissioners of Accounts and Finances, and the coupons shall have the fac-simile signatures of the Mayor and Secretary-Treasurer. In case any such officer whose signature or counter- signature, who appears on such a bond or coupon, shall cease to be such officer before delivery of said bond or coupon to the purchaser, such signature or counter-signature shall nevertheless be valid for all purposes. Section 4. The principal and interest of all bonds authorized by this amendment shall be payable in gold coin of the United States of America or its equivalent, of the standard weight and fineness at the time of the issu- ance thereof, and shall be exempt from all forms of taxation. Section 5. The full faith and credit of the City of Shreveport are pledged for the payment of principal and interest of all bonds issued under this amend- ment. The principal and interest of all bonds authorized and to be issued under this amendment, shall be paid out of tax which shall be levied annually by the City Council of Shreveport, upon all taxable property in said city, sufficient to provide for the payment of the principal and interest of said bonds as they respectively become due. The tax so levied is to be in excess of the general and special taxes provided for elsewhere in this constitution and is not to be affected by nor to affect the limitations elsewhere contained in the Constitution as to the issuance of bonds, and the levying of taxes by municipalities. 546 Vol. IV Acts of the Legislature º: Section 6. The provisions hereof are self-operative and the City Council of Shreveport may by ordinance carry them into effect. Be it further enacted, etc., That the amendment proposed by this act shall be submitted to the electors of the State for their approval or rejection at the congressional election to be held on the first Tuesday after the first Monday in the month of November, 1916; and there shall be printed on the official ballot to be used in said election, the words, “For the proposed amendment to the Constitution of the State of Louisi- ana providing for the funding of certain debts of the City of Shreveport;” and the words “Against the proposed amendment to the Constitution of the State of Louisiana providing for the funding of certain debts of the City of Shreveport;” And each elector shall indicate on the ballot cast by him whether he votes for or against the proposed amendment. ACT 3 OF 1918 [This act was not incorporated into the Revised Statutes of 1950.-Ed.] AN ACT To Promote the development of the port system of the port of New Orleans, and the Construction, Maintenance and operation of the Navigation Canal under Act No. 244 of 1914, adopted as a Constitutional Amendment; to provide for the Co-operation of the Board of Commissioners of the Port of New Orleans, The Board of Levee Commissioners of Orleans Levee District, The City of New Orleans, The Public Belt Railroad thereof, and other corporations, in the construction of works rendered necessary by said canal and other improvements and works of said Port; and to authorize said bodies to contract with reference thereto. Whereas due notice of intention to apply for this Act has been published in the City of New Orleans, at least thirty days prior to its introduction into the General Assembly, and due evidence thereof has been exhibited in the General Assembly: Section 1. Be it enacted by the General Assembly of the State of Loui- siana: The power of the Board of Commissioners of the Port of New Orleans to dig, build, erect and operate, or acquire and operate, the navigation canal in the city of New Orleans, together with necessary locks, slips, laterals, basins and appurtenances thereof, and other structures necessary therefor, to connect Lake Pontchartrain and the Mississippi River, in aid of Commerce, under Act No. 244 of 1914, adopted as an amendment to the Constitution of this State at the election held in November, 1914, and all the powers of the Board of Commissioners of said Port conferred by any other provision of the Constitution, are hereby recognized, declared and affirmed, and nothing herein contained shall be construed to in any manner limit, restrict or qualify the powers of the Board of Commissioners of said Port and the City of New Orleans by ordinance or otherwise to carry said Act No. 244 of 1914, and any other grant of power contained in said Constitution, into full effect. This Act shall be liberally construed, to the end that the said Board of Commissioners of the said Port may fully exercise all the powers and authority conferred upon it by said Act No. 244 of 1914, and by any other constitutional provision. Section 2. Be it further enacted, etc., The Board of Commissioners of the Port of New Orleans is hereby declared to be vested with full power and authority by virtue of said Act No. 244 of 1914, and by virtue of the other provisions of the Constitution of this State to enter into any and all contracts and agreements, which may be necessary for the construction, maintenance and operation of said navigation canal, with the Board of Levee Commissioners of Orleans Levee District, the City of New Orleans, the Public Belt Railroad thereof, and other corporations, with respect to the construction of the said 547 Vol. IV ; Legal Materials 9 navigation canal, locks, slips, laterals, basin and other appurtenances, and 10 with reference to the construction of any works required or authorized by law 11 to be constructed upon or along the line of the said canal by the said Board 12 of Levee Commissioners of the Orleans Levee District, the said City of New 13 Orleans, the said Public Belt Railroad, or by other corporations. 1 Section 3. Be it further enacted, etc., The Board of Commissioners of 2 the Port of New Orleans hereby is declared to have power and authority in 3 connection with the construction of the said canal, to enter into contracts 4 and agreement with the Board of Levee Commissioners of Orleans Levee 5 District (which said Board of Levee Commissioners is by statute and by 6 joint resolution of this General Assembly approved July 6, 1916, known as 7 Act No. 203 of 1916, adopted as an amendment to the Constitution of this 8 State at the election of November, 1916, empowered among other things 9 to construct and maintain levees and embankments over and in the bed 10 and on the shores of Lake Pontchartrain and along the canals connecting 11 therewith, and in such other places in the Parish of Orleans as said [Board] may 12 determine) for the construction simultaneously with the construction of said 13 Canal, of levees along the said canal and levees and flood-gates and other 14 protection works and appliances, at the entrances or approaches thereto on 15 the Mississippi River and in Lake Pontchartrain, and on and along the said 16 navigation canal, and upon and along any locks, slips, laterals, basins and 17 other appurtenances thereof, and said Board of Commissioners of the said Port 18 is authorized to undertake the construction for the said Board of Levee 19 Commissioners of the said levees, flood-gates and other protection works and 20 appliances, according to plans and specifications to be approved by the said 21 Board of Levee Commissioners, the intention being that the said Board of 22 Commissioners of the Port of New Orleans, whilst constructing the said canal, 23 shall have power to do such construction work for levee and flood protection 24 purposes, as said Board of Levee Commisisoners may be authorized by law to 25 construct, upon such provision for the reimbursement and re-payment to the 26 said Board of Commissioners of said Port of the cost thereof, as may be agreed 27 upon. Such contract or contracts shall provide for the re-payment or re-imburse- 28 ment by the Board of Levee Commissioners of Orleans Levee District to the 29 Board of Commissioners of the Port of New Orleans, of the cost and expense 30 of such levees, flood-gates and other protection works and appliances, upon 31 such terms and conditions as may be determined upon by said Boards and such 32 compensation or cost may be paid in one or more installments, as may be 33 fixed and determined upon by said contract or contracts, provided that if 34 said compensation or cost shall be payable in installments, the said install. 35 ments shall not extend beyond a period of fifty years from the date of such 36 contracts. It shall be the duty of the said Board of Levee Commissioners and 37 said Board is hereby authorized and empowered, and shall from year to year 38 so long as necessary, levy, dedicate and appropriate such taxes within the limits 39 prescribed by Article 239 of the Constitution, as shall be necessary to pay the 40 said cost or compensation. The construction of the said levees, flood-gates and 41 other protection works and appliances shall proceed simultaneously with the 42 construction of the said navigation canal system, and shall be undertaken by the 43 Board of Commissioners of the said Port in connection with such construction, 44 and any provision which shall be made by any contract entered into by the Board 45 of Commissioners of said port and the said Board of Levee Commissioners for 46 the payment or re-imbursement of said cost in installments shall be appropriated, 47 dedicated and applied by the Board of Commissioners of the said Port to 48 the payment and satisfaction of any bond or bonds, mortgage or mortgages, 49 made or issued by the Board of Commissioners of said Port under the author- 50 ity of said Act No. 244 of 1914, for the purpose of acquiring the necessary 51 lands for the said canal and appurtenances and for the said levee works and 52 for the payment of the cost of constructing the said canal and appurtenances 53 and said levee works. 1 Section 4. Be it further enacted, etc., That any lands acquired by the 2 by the Board of Commissioners of said Port for the construction of the said 3 navigation canal, and any locks, slips, laterals, basins and appurtenances 4 thereof, shall be subject to an easement or servitude for levee purposes, to the 548 Vol. IV Acts of the Legislature *::: i extent that shall be necessary for the construction of the said levees, flood-gates and other protection works and appliances, but the location of any levees, flood-gates and other protection works and appliances along the said canal or its appurtenances, upon lands acquired by said Board of Port Commissioners for canal purposes, shall be fixed and determined by the Board of Levee Com- missioners of Orleans Levee District, with the approval and ratification of the Board of Commisisoners of said port. The said Board of Levee Commissioners shall for levee purposes, have full power, control and supervision over any levees constructed along the said canal, but shall not exercise such supervision and control in any manner which will unnecessarily interfere with the use of the said canal, locks, slips, laterals, basins and appurtenances, and the banks thereof, or with the erection and maintenance of necessary buildings and struc- tures thereon, for the purpose of commerce, navigation and transportation. The Board of Commissioners of said Port shall, subject always to the super- vision and control for levee purposes by the said Board of Levee Commis- sioners over said levees and levee works, have full power to use said levees for the maintenance and operation of said canal and to erect thereon such wharves, buildings and improvements as may be required for purposes of commerce and navigation, and shall have the right to authorize the location and erection or consent to the location and erection of the tracks, sidings, switches, spurs, cross-overs, etc., of the Public Belt Railroad of the City of New Orleans, and other necessary structures and buildings incident to said railroad along and upon the said levees and levee works upon such terms and conditions as may be agreed upon by the City of New Orleans; the Public Belt Railroad Commission, and the Board of Commissioners of said Port. Section 5. Be it further enacted, etc., The said Board of Commissioners of the Port of New Orleans, is hereby authorized to contract with the City of New Orleans, or with any public body or board thereof, or any railroad corporation, upon such terms and conditions as shall seem just, for the building and construction of bridges over said canal and for other works that may be necessary, and may in connection with the construction of the said canal, contract and agree with the said City or with any of its public boards or bodies or with any railroad corporation, to undertake the work of building and erecting such bridges, sewers, water mains, or other works, if the said Board of Commissioners deems it expedient, upon such terms and conditions as to the payment of the cost thereof as may be agreed upon by said Board of Commissioners of said port, and said City or public body or corporation. Section 6. Be it further enacted, etc., The said Board of Commissioners of the Port of New Orleans, and the said Board of Levee Commissioners are hereby authorized and empowered to make and enter into from time to time, such contracts and agreements as they may deem necessary and expedient in relation to the maintenance of the said levee works on the said canal and elsewhere and for the construction and maintenance of additional levee works thereon and elsewhere, and for the apportionment and distribution of the cost and expense thereof. Section 7. Be it further enacted, etc., That nothing herein contained shall be construed to in any manner impair or affect the power conferred by said Act No. 244 of 1914 adopted as a constitutional amendment, upon the Board of Commissioners of said Port, to pay for the said canal and appurtenances, and for the lands necessary therefor, by mortgage or mortgages, bond or bonds or the plenary power of the said Board of Commissioners to carry out the power so conferred upon them by said Act No. 244 of 1914, or by any other provision of the Constitution of this State, and it is hereby declared that the said Board of Commissioners of the Port of New Orleans, for the purpose of constructing the said canal, works and other improvements, and acquiring the said real estate, be and it is hereby authorized to make, execute and record a mortgage in such form as the said Board of Commissioners shall deem proper, to secure bonds to be issued for the purposes aforesaid, in such amount as in the opinion of said Board of Commissioners is necessary, and to sell the said bonds from time to time, in such amounts as may be necessary; that the said 549 Vol. IV Acts 1918 Legal Materials mortgage shall from the date of its execution and delivery, be a good and valid lien upon all property acquired and works constructed by the said Board of Commissioners for the said purposes, to the full amount specified therein, and any and all lands acquired, and any and all canals and works constructed, shall from the time of acquisition and construction thereof, be subject to the lien of the said mortgage, which shall attach to and affect the title of the said Board of Commissioners to the same, when and as the said lands are acquired, and the said canal, locks, and other improvements are constructed, the inten- tion being to carry out the said Act No. 244 of 1914, adopted as a constitutional amendment as aforesaid, according to its tenor and effect, and to give to the bond holders and any trustee named in said mortgage a first and prior lien and charge on the lands, canals, and works for the acquisition or construction of which they have advanced or shall advance money to the said Board of Commissioners and upon all receipts and revenues from such canals and works and any sums of money which may be paid to the said Board of Commissioners by any other public body in respect of work performed by them in connection with the construction of the said canal and appurtenances, or incident to or in connection therewith, or from the leasing of any portion of said lands or privi- leges thereon, the said right to lease being hereby recognized. Any lands acquired by the Board of Commissioners of the Port of New Orleans for the purpose of constructing the said canal, together with the necessary locks, slips, laterals, basins and appurtenances thereof, and other structures necessary therefor, after the making and delivery of the said mortgage shall immediately on the execu- tion thereof be affected by and come under the lien of the said mortgage, and the title of said Board of Commissioners to such additional lands shall be acquired by the Port subject to the lien of the said mortgage. In such mortgage a fiduciary or trustee for the holders of the bonds secured thereby may be named, as mortgagee in trust for the benefit of the bond holders, and such fiduciary or trustee, or its successor appointed in such manner as shall be pro- vided by ordinance of said Board of Port Commissioners, shall be irrevocably appointed a special agent and representative of the holders of said bonds, with full power in their behalf to effect and enforce the mortgage for their benefit in the manner and form therein specified, and as conventional mortgages by individuals are effected and enforced. The Bonds secured by such mortgage need not be paraphed, provided such bonds shall refer to said act of mortgage in such form or manner as shall be sufficient to identify the same. Such mortgage may also pledge the net receipts of the said canal and appurtenances after pay- ment of operating expenses, including any sums which may be paid or become payable to the said Board of Port Commissioners by any public body in respect of work performed simultaneously with or as an incident to or under agree- ment in relation to the construction of the said canal and appurtenances or rights, privileges and easements granted, and the lien on the said net receipts shall attach to the same as and at the time of the making and execution of said mortgage. Section 8. Be it further resolved, etc., That the proceeds of any bonds issued by said Board of Commissioners of the Port of New Orleans, under the power and authority conferred upon them by said Act No. 244 of 1914, adopted as a constitutional amendment as hereinbefore recited, and by this act, shall be and the same are hereby set apart, appropriated and dedicated for the acquisition of lands for the said canal, works, structures and other improve- ments, and for the erection and construction of the said canal, together with the necessary locks, slips, laterals, and appurtenances thereof, and other struc- tures necessary therefor, or incident thereto, and for any works which may be undertaken by said Board of Commissioners of the Port of New Orleans under the agreement with the Board of Commissioners of Orleans Levee District, or any other public body in connection with the construction of the said canal, and no part of the proceeds of any bonds authorized by said Act No. 244 of 1914, or by this Act shall be expended for any other purpose. Said bonds shall have and possess all the privileges conferred upon the bonds issued under the provisions of Act 180 of 1908. Section 9. Be it further enacted, etc., That this act shall take effect from and after its promulgation. 550 Vol. IV Acts of the Legislature *::: ACT 59 OF 1918 [This act was not incorporated into the Revised Statutes of 1950.-Ed.] AN ACT To authorize the Board of Commissioners for the Pontchartrain Levee District to issue and negotiate $500,000.00 of Five per cent Serial Bonds in addi- tion to the $553,000.00 of bonds heretofore issued by the said Board; to provide the mode of issuing, securing, and paying the principal and interest of the bonds issued under the provisions of this Act and the mode of enforcing payment in case of default. Section 1. Be it enacted by the General Assembly of the State of Loui- siana, That the Board of Commissioners for the Pontchartrain Levee District is hereby authorized to issue, in addition to the $553,000.00 of bonds heretofore issued by it, further bonds to the further amount of $500,000.00 in such sums and denominations as said Board may prescribe, but not less than One Hun- dred ($100.00) Dollars each; said bonds shall be drawn payable to bearer, shall be signed by the President of the Board officially and attested by the signature of the Secretary and the seal of the said board of Commissioners, and shall have printed on the back of each of them the following: “This bond, principal and interest, secured by taxation and by the sale of public and State lands.” The said bonds shall be serial bonds, of which $11,000.00 shall become due and be payable five years after their date and $11,000 shall be due and payable in each succeeding year, so that the last $5,000 shall be due and payable in 1968, or fifty years after their date. All of said bonds shall bear interest at a rate not to exceed five (5 per cent) per cent per annum from the date of their issue, the said interest to be evidenced by coupons attached to said bonds, payable semi-annually, at the office of the State Treasurer or at such bank or banks as he may designate. Section 2. Be it further enacted, etc., That the said Board of Commis- sioners may negotiate and dispose of these bonds as it sees fit from time to time, in whole or in part, at not less than par and accrued interest; the proceeds thereof to be applied to drainage and levee purposes within the limits of said District. Section 3. Be it further enacted, etc., That the principal and interest of said bonds shall be paid out of the fund arising from collections and taxes and assessments and sales of lands provided by the provisions of Act No. 95 of the General Assembly of the State of Louisiana, approved July 8, 1890, and acts mandatory thereof, (after proper provision has been made for payments due on the bonds heretofore issued by the said The Board of Commissioners for the Pontchartrain Levee District, in accordance with the laws under which said bonds were issued); and the Treasurer of the State shall be, and he hereby is authorized and directed to pay any and all interest coupons that may be due and presented by any bona fide owner or holder of any of said bonds, and a sufficient amount of the said fund to pay one year's interest on said bonds shall always remain in the State Treasury and shall not be diverted to any other purpose by any authority whatsoever. Section 4. Be it further enacted, etc., That after four years from the exe- cution of said bonds the State Treasurer shall each year set aside, out of the revenues of the District not appropriated to the payment of principal and interest of the bonds heretofore issued, a sum in excess of the interest on the bonds hereby authorized, amounting to $11,000, which sum shall not be drawn out of the State Treasury for any other purpose whatsoever except the pay- ment and retirement of the bonds authorized hereby as they mature. Section 5. Be it further enacted, etc., That the issue of said bonds and all of the provisions of this Act are hereby declared to create a valid contract between the said The Board of Commissioners for the Pontchartrain Levee Dis- 551 Vol. IV § Legal Materials trict, the State and each and every holder of said bonds, which neither the Board of Commissioners nor the State shall impair. The said bonds shall be a valid obligation of said Board in favor of any holder and no Court shall enjoin the payment of principal and interest thereon, or the levy and collec- tion of taxes and assessments to provide for such payment, and the judicial power shall be exercised by any Court of competent jurisdiction within the State of Louisiana, when necessary, at the instance of any bondholder, by mandamus or otherwise, to secure and compel the levy and collection in each year of the taxes and assessments which the said The Board of Commissioners of the Pontchartrain Levee District has been heretofore authorized and em- powered to levy or which it may hereafter be authorized to levy, to such extent as may be required to provide for the payment of the interest and principal of the bonds hereby authorized as the same mature. Section 6. Be it further enacted, etc., That the corporate existence of the Pontchartrain Levee District and The Board of Commissioners for the Pontchartrain Levee District, as provided in said Act No. 95 of 1890, and acts amendatory thereof, shall continue until all the bonds issued in accordance with the provisions of this Act shall have been paid and extinguished, and in no event shall the authority of the said Board of Commissioners to assess and levy the taxes and assessments which it is now authorized and empowered to levy be reduced, repealed, or abated until each of said bonds with accrued interest thereon, shall have been fully paid and extinguished; these provisions to form a part of the contract of the State and the said Board with each bondholder. Section 7. Be it further enacted, etc., That the Bonds authorized by the provisions of this Act to be issued, shall be deposited with the State Treasurer as soon as same shall have been printed and before the same shall have been signed by the President of the said Board officially and attested by the signature of the Secretary and seal of said Board of Commissioners as provided by Sec- tion 1 of this Act, and said Treasurer shall receipt for same; and said bonds shall be registered at the office of the State Auditor who shall keep a record of same and said bonds shall not be withdrawn from the Treasurer of the State except upon the warrants of the State Auditor issued upon the order of the President of the Board of Commissioners for the Pontchartrain Levee Dis- trict countersigned by the Secretary and in pursuance of a resolution of said Board; and the Auditor and Treasurer of the State shall keep a record of said bonds subject to the inspection of any person interested; and bonds thus with- drawn from the treasury shall be conclusively presumed to have been emitted, issued and negotiated by said Board in compliance with all conditions of law. Section 8. Be it further enacted, etc., That this Act shall take effect from and after its promulgation, and that all laws or parts of laws in conflict here: with are hereby repealed. ACT 18 OF 1918 E.S. AN ACT To provide for the laying out, construction and maintenance of the Chef Men- teur and Hammond-New Orleans State Highways; to provide a revenue for carrying out the objects and purposes of this Act; to authorize the funding of said revenue into bonds, notes or certificates of indebtedness; to define the duties of the Board of Liquidation of the State Debt of the State of Louisiana, the State Highway Engineer, the State Treasurer, the Secretary of State and the State Auditor in connection therewith ; and to provide for a fiscal agent to whom the funds shall be let for deposit; and an act whereas it is intended to have this act ratified by an amendment to the Constitution of the State. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Highway Engineer of the State of Louisiana is hereby authorized to let contracts for the construction and completion of the Chef Menteur road, commencing at Peoples Avenue, in the Parish of Orleans, and extending to a 552 Vol. IV Acts of the Legislature *::: place in the Parish of St. Tammany at the boundary line betwen the State of Louisiana and Mississippi, opposite, or nearly opposite, to Logtown, in the State of Mississippi, which said road has already been begun and contracted for, and has been designated as a State Highway by the Highway Department of the State of Louisiana; and for the construction of all such bridges as may be necessary for said road; and for the construction and completion of a model State Highway, on such route as the Highway Department of the State of Louisiana has designated or may deem wise to designate, to extend approxi- mately parallel to the Illinois Central Railroad from Hammond into New Orleans, and in the construction of the necessary bridges upon said highway; provided, that in the construction of the said Hammond-New Orleans Highway no natural drain shall in any way be in the least manner obstructed; and provided further, that said Hammond-New Orleans Highway shall be provided with culverts or other engineering outlet of passing the same volume of water as is now passed or in the future shall be passed by the culverts or other engineering outlets in the roadbed of the Illinois Central Railroad parallel to said Hammond-New Orleans Highway. That before any such contract is let as herein provided, same shall be approved by the Board of Liquidation of the State Debt of the State of Loui- S18. Il 8. Section 2. Be it further enacted, etc., That in order to provide funds for the construction, completion and maintenance of the above mentioned highways, the Secretary of State from and after the first day of January 1919, shall, as soon after collection as practicable, deposit with the State Treasurer for the account of the Highway Department of the State of Louisiana all motor vehicle licenses collected under the provisions of Act No. 260 of the General Assembly of the State of Louisiana for the year 1914, approved July 9, 1914, from the Parishes of Jefferson, St. Charles, St. John the Baptist, Tangipahoa, St. Tam- many and Orleans, and the licenses so collected shall be paid by the State Treasurer into a special fund to be known as “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways”; and in addition to the motor vehicle licenses paid into said “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways” from the Parishes above enum- erated, the State Treasurer shall likewise pay into said fund such portion or sufficient amount out of the Special Road Tax collected under Article 291 of the Constitution of the State of Louisiana of 1913 from the Parish of Orleans as may be necessary to create and maintain in said fund a sum of Sixty Thousand Dollars per years, which said special fund is hereby set apart and dedicated for the purpose of paying any and all contracts heretofore made and hereafter to be made, and any and all bonds, notes or certificates of in- debtedness made or issued by the Board of Liquidation of the State Debt of the State of Lºuisiana to provide moneys for the costs of constructing said highways. Section 3. Be it further enacted, etc., That in order to provide ready funds for the payment of the contracts provided for in Section 1 of this Act, the Board of Liquidation of the State Debt of the State of Louisiana shall have authority to issue bonds, notes or certificates of indebtedness in anticipation of the collection and receipt of the taxes, licenses and revenues set apart and dedicated to the said “State Highway Fund No. 2, Chef Menteur and Hammond- New Orleans State Highways,” payable exclusively from the said special fund, which said special fund is hereby set apart and dedicated to the payment, principal and interest, of any bonds, notes or certificates of indebtedness. Section 4. Be it further enacted, etc., That the Board of Liquidation of the State Debt of the State of Louisiana shall have power to borrow money for the purposes of financing the construction and completion of the said Chef Menteur and Hammond-New Orleans Highways hereinabove referred to, and to that end may issue bonds, notes or certificates of indebtedness in any amount not to exceed the sum of Seven Hundred Thousand Dollars, in such sums and denominations as the said Board shall prescribe, not less than Five Hundred Dollars each, may be registered bonds, notes or certificates of indebtedness, or payable to bearer, as may be preferred, and shall be designated as Chef Menteur and Hammond-New Orleans State Highway Bonds, or Notes and Certificates 553 Vol. IV ; Legal Materials of Indebtedness; that at the discretion of said Board all or any part of said bonds, notes or certificates of indebtedness shall be payable from one to twenty years. Said bonds, notes or certificates of indebtedness may contain such pro- visions as may be deemed expedient for registration in the name of the holder, or for the release thereof from registration; shall bear interest at a rate not exceeding five per centum per annum, payable at such time or times as the Board may prescribe and the place or places of payment of principal and interest shall be fixed by the said Board. Said bonds, notes or certificates of indebted- ness shall be sold to the highest bidder at public sale at not less than par, after thirty days advertisement by the Board of Liquidation of the State Debt of the State of Louisiana in New Orleans, Chicago, and New York; and the money arising from the sale thereof shall be paid to the State Treasurer to the account of the Highway Department of the State of Louisiana, and to the credit of the “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways,” and only paid out on the warrant of the State Highway Engineer approved by the President of the Board of State Engineers. Said bonds, notes or certificates of indebtedness shall be signed by the Governor, the Auditor and the Treasurer of the State. Any coupons attached thereto shall bear the fac- simile signature of the Treasurer of the State. Any bonds, notes or certificates of indebtedness issued by virtue hereof, shall be and are hereby declared to have the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the issue of any such bonds, notes or certificates of indebtedness shall be necessary, except such as are re- quired by this Act. Section 5. Be it further enacted, etc., That the funds collected annually and directed to be set apart and paid into “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways,” under the provisions of this Act, and by this Act directed to be applied to the construction of the said Chef Menteur and Hammond-New Orleans State Highways, are hereby pledged to pay the principal and interest on said bonds, notes or certificates of indebted- ness as the same shall become due and payable, and it shall be the duty of the Treasurer of the State of Louisiana to transfer from said “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highway” to the credit of a special account to be known as the “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highway Bonds, Interest and Re- demption Account,” out of the first funds collected and received for the said “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways,” a sum sufficient to pay the principal and interest upon any bonds, notes or certificates of indebtedness issued hereunder, that may have been sold and delivered for the period of one year ensuing, and to maintain in said special accounts styled “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highway Bonds, Interest and Redemption Account,” at all times from said source, a sum equal to one year's principal and interest upon the said bonds, notes or certificates of indebtedness, and also sufficient to pay all bonds, notes or certificates of indebtedness issued hereunder which shall become due and payable during the year next ensuing. After any bonds, notes or certificates of indebtedness authorized hereby shall have been issued and delivered, no part of said “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highway,” shall be applied to any of the purposes authorized herein until the said “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highway Bonds, Interest and Redemption Account” shall have been created, the State Treasurer shall have and transferred into it, the funds hereby directed to be transferred. Section 6. Be it further enacted, etc., That the proceeds of the sale of all bonds, notes or certificates of indebtedness issued hereunder shall be used first to pay the construction and completion of the Chef Menteur Road and bridges in the Parishes of Orleans and St. Tammany, State of Louisiana, and second, on and after reserving and setting aside the amount necessary to pay for the completion of the Chef Menteur Road and for building all necessary bridges therefore, to pay for the construction of the said public highway from Hammond to New Orleans, and the building of all necessary bridges therefor. 554 Vol. IV Acts of the Legislature º; Section 7. Be it further enacted, etc., That the Auditor of the State of Louisiana shall keep a record of all bonds, notes or certificates of indebtedness sold or outstanding, and shall keep an accurate account of all such specially dedicated funds. Section 8. Be it further enacted, etc., That the Board of Liquidation of the State Debt of the State of Louisiana shall let the privilege to become depository of the special funds provided for under this Act and said Board shall have the discretion to let such funds under such terms and conditions as will provide an advantageous negotiation of the bonds, notes or certificates of indebtedness sold, and to provide always ready funds for the payment of the principal and interest on such bonds, notes or certificates of indebtedness. All funds collected under the provisions of this Act, which have been set apart and dedicated to the said “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways,” or which may hereafter be set apart or dedicated for the construction and maintenance of the above mentioned highways, and all funds arising from the sale of said bonds, notes or certificates of indebtedness, shall be deposited with the Treasurer of the State in a special fund as set forth, to be paid out as herein provided, and the Treasurer of the State is hereby au- thorized to pay out of said fund, all interest coupons due upon the said bonds, notes or certificates of indebtedness issued under the terms of this Act, and all bonds, notes or certificates of indebtedness becoming due hereunder. Section 9. Be it further enacted, etc., That the motor vehicle licenses from the Parishes of Jefferson, St. Charles, St. John The Baptist, Tangipahoa, St. Tammany and Orleans, collected after the bonds, notes or certificates of indebted- ness provided for in this Act are fully paid, principal and interest, and after the highways shall have been completed with the funds dedicated for that pur- pose, shall then revert to said Parishes, and shall be paid into their respective treasuries in the same manner as now provided for under Act No. 260 of the General Assembly of the State of Louisiana for the year 1914, and in the same manner as the said motor vehicle licenses are turned over to the other Parishes of this State, and thereafter said Parishes shall provide out of said funds so reverting to them the proper maintenance of said highways; provided further, that any portion of the Special Road Tax of one-fourth of one mill on the dollar collected under Article 291 of the Constitution of 1913 from the Parish of Orleans, not set apart or dedicated to the “State Highway Fund No. 2, Chef Menteur and Hammond-New Orleans State Highways,” at the expiration of any fiscal year shall revert to the “State Highway Fund” as provided for in Act No. 49 of the General Assembly of the State of Louisiana for the year 1910, and be applied in such manner as shall be now or hereafter provided by law. Section 10. Be it further enacted, etc., That all laws inconsistent with or in conflict with the provisions of this Act are hereby repealed. Section 11. Be it further enacted, etc., That at the next Congressional election to be held in this State on the first Tuesday after the first Monday of the month of November 1918, there shall be submitted to the elector [sic] of the State the following amendment to the Constitution, to-wit: The General Assembly shall provide for the laying out, construction and maintenance of the Chef Menteur and Hammond-New Orleans State Highways and shall provide, by bond issue or otherwise, the financing of the construction and completion of said highways. And all provisions of this Constitution in conflict herewith are to this extent repealed, and Act No. of the Extra Session of the General Assembly of the State of Louisiana for the year 1918, entitled “An Act to provide for the laying out construction and maintenance of the Chef Menteur and Hammond-New Orleans State Highways, etc., is ratified and approved. Section 12. Be it further enacted, etc., That on the official ballots to be used in said election, shall be placed the words, “For the Amendment providing for the laying out, construction and maintenance of the Chef Menteur and Hammond-New Orleans State Highways,” and the words “Against the Amend- ment providing for the laying out, construction and maintenance of the Chef Menteur and Hammond-New Orleans State Highways,” and each elector shall 555 Vol. IV ; Legal Materials indicate his vote on the proposed amendment as provided by the General As- sembly laws of this State. ACT 40 OF 1920 [This act, an appropriation measure, was not incorporated into the Revised Statutes of 1950 because of its temporary nature.—Ed.] AN ACT To appropriate the sum of Two Hundred Thousand ($200,000.00) Dollars, or so much thereof as may be necessary, out of the General Fund out of the year 1921, to pay the expenses of any Constitutional Convention which may be called under the laws of this State and held during the year 1921. Section 1. Be it enacted by the General Assembly of the State of Louis- iana, That the sum of Two Hundred Thousand ($200,000.00) Dollars, or as much thereof as may be necessary, be and the same is hereby appropriated out of the General Fund for the year 1921 to pay the expenses of any Constitu- tional Convention which may be called under the laws of this State and held during the year 1921. Section 2. Be it further enacted, etc., That warrants for the payment of expenses incurred by said Convention shall be paid by the Treasurer of the State of Louisiana upon the order of the duly constituted officers of the said Convention. ACT 5 | OF '920 (See New Orleans Studies, Volume Four. p. 456.) ACT 56 OF 1920 [This act was superseded but not repealed by Act 307 of 1940. The latter act was expressly repealed and its provisions were incorporated into the Revised Statutes of 1950, 33:1421-33:1427. Since 1950 these sections have been amended by Acts 217, 240, 257, 258, and 263 of 1952.-Ed.] AN ACT To fix the compensation of Sheriffs and Ex-officio Tax Collectors of the State of Louisiana (Parish of Orleans excepted); to provide for deputies and clerical assistance, and to limit the expenses of the office; to create a Sheriff's Salary fund and to require the collection and payment into such fund of all fees and other charges of the office prescribed by law; to provide supervision by the Supervisor of Public Accounts; to provide penalties, and to repeal conflicting laws. Section 1. Be it enacted by the General Assembly of the State of Louisiana, that the Sheriffs and Ex-officio Tax Collectors in the parishes of the State of Louisiana (the Parish of Orleans excepted), shall receive in full compensation for all services required of them by law, as follows: Acadia—Four Thousand Two Hundred and Fifty Dollars ($4,250.00) per annum. Allen—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Ascension—Three Thousand Dollars ($3,000.00) per annum. Assumption—Three Thousand Dollars ($3,000.00) per annum. Avoyelles—Four Thousand Two Hundred and Fifty Dollars ($4,250.00) per 8IIIll] Ill. Beauregard–Three Thousand Six Hundred Dollars ($3,600.00) per annum. Bienville—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Bossier—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Caddo—Six Thousand Dollars ($6,000.00) per annum. 556 Vol. IV Acts of the Legislature º; Calcasieu-Five Thousand Dollars ($5,000.00) per annum. Caldwell—Three Thousand Dollars ($3,000.00) per annum. Cameron—Two Thousand Dollars ($2,000.00) per annum. Catahoula—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Claiborne—Three Thousand Dollars ($3,000.00) per annum. Concordia—Three Thousand Six Hundred Dollars ($3,600.00) per annum. DeSoto—Four Thousand Two Hundred Fifty Dollars ($4,250.00) per annum. East Baton Rouge—Five Thousand Dollars—($5,000.00) per annum. East Carroll—Three Thousand Six Hundred Dollars ($3,600.00) per annum. East Feliciana—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Evangeline—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Franklin—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Grant—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Iberia—Four Thousand Two Hundred Fifty Dollars ($4,250.00) per annum. Iberville—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Jackson—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Jefferson—Four Thousand Two Hundred Fifty Dollars ($4,250.00) per annum. Jefferson Davis—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Lafayette—Four Thousand Two Hundred Fifty Dollars ($4,250.00) per annum. Lafourche—Four Thousand Seven Hundred Fifty Dollars ($4,750.00) per annum. LaSalle—Three Thousand Dollars ($3,000.00) per annum. Lincoln—Three Thousand Dollars ($3,000.00) per annum. Livingston—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Madison—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Morehouse—Three Thousand Dollars ($3,000.00) per annum. Natchitoches—Four Thousand Two Hundred Fifty Dollars ($4,250.00) per 8. In Illi II). Ouachita—Four Thousand Two Hundred Fifty Dollars ($4,250.00) per annum. Plaquemines—Three Thousand Dollars ($3,000.00) per annum. Pointe Coupee—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Rapides—Five Thousand Five Hundred Dollars ($5,500.00) per annum. Red River—Three Thousand Dollars ($3,000.00) per annum. Richland—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Sabine—Three Thousand Five Hundred Dollars ($3,500.00) per annum. St. Bernard–Three Thousand Five Hundred Dollars ($3,500.00) per annum. St. Charles—Two Thousand Five Hundred Dollars ($2,500.00) per annum. St. Helena—Two Thousand Dollars ($2,000.00) per annum. St. James—Three Thousand Five Hundred Dollars ($3,500.00) per annum. St. John the Baptist—Two Thousand Five Hundred Dollars ($2,500.00) per 8. In Inll Iſl. St. Landry—Four Thousand Two Hundred and Fifty Dollars ($4,250.00) per an Illinſ). St. Martin—Three Thousand Five Hundred Dollars ($3,500.00) per annum. St. Mary—Four Thousand Two Hundred and Fifty Dollars ($4,250.00) per 8 Illſlul II]. St. Tammany—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Tangipahoa—Four Thousand Two Hundred and Fifty Dollars ($4,250.00) per an Illul II] . Tensas–Three Thousand Six Hundred Dollars ($3,600.00) per annum. Terrebonne—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Union—Three Thousand Dollars ($3,000.00) per annum. Vermilion—Four Thousand Dollars ($4,000.00) per annum. Vernon—Four Thousand Two Hundred and Fifty Dollars ($4,250.00) per annum. Washington—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Webster—Three Thousand Five Hundred Dollars ($3,500.00) per annum. West Baton Rouge—Two Thousand Five Hundred Dollars ($2,500.00) per a DIAUIIIl. West Carroll—Three Thousand Dollars ($3,000.00) per annum. West Feliciana—Two Thousand Dollars ($2,000.00) per annum. Winn—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Section 2. Be it further enacted, etc., That in the performance of all duties required of them by law, the said Sheriffs and Ex-officio, Tax Collectors shall have allowed to each for clerical and other expenses, including the premiums 557 Vol. IV ſº Legal Materials on the bonds which they are required to give as Sheriff and Ex-offiicio Tax Collector, the following amounts, or so much thereof as may be necessary: PARISH TO BE ALLOWED Acadia—Seven Thousand Five Hundred Dollars ($7,500.00) per annum. Allen—Six Thousand Dollars ($6,000.00) per annum. Ascension—Four Thousand Five Hundred Dollars ($4,500.00) per annum. Assumption—Five Thousand Dollars ($5,000.00) per annum. Avoyelles—Seven Thousand One Hundred Dollars ($7,100.00) per annum. Beauregard—Five Thousand Dollars ($5,000.00) per annum. Bienville—Five Thousand Dollars ($5,000.00) per annum. Bossier—Six Thousand Dollars ($6,000.00) per annum. Caddo—Thirty-Eight Thousand Dollars ($38,000.00) per annum. Calcasieu-Thirteen Thousand Dollars ($13,000.00) per annum. Caldwell—Three Thousand Dollars ($3,000.00) per annum. Cameron—One Thousand Dollars ($1,000.00) per annum. Catahoula—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Claiborne—Nine Thousand Four Hundred Dollars ($9,400.00) per annum. Concordia—Four Thousand Five Hundred Dollars ($4,500.00) per annum. DeSoto—Seven Thousand Five Hundred Dollars ($7,500.00) per annum. East Baton Rouge—Twelve Thousand Dollars ($12,000,00) per annum. East Carroll—Three Thousand Dollars ($3,000.00) per annum. East Feliciana—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Evangeline—Four Thousand Dollars ($4,000.00) per annum. Franklin—Three Thousand Seven Hundred Fifty Dollars ($3,750.00) per annum. Grant—Three Thousand Six Hundred Dollars ($3,600.00) per annum. Iberia—Seven Thousand Dollars ($7,000.00) per annum. Iberville—Four Thousand Five Hundred Dollars ($4,500.00) per annum. Jackson—Three Thousand Dollars ($3,00.00) per annum. Jefferson—Ten Thousand Dollars ($10,000.00) per annum. Jefferson Davis—Five Thousand Dollars ($5,000.00) per annum. Lafayette—Six Thousand Dollars ($6,000.00) per annum. Lafourche—Five Thousand Five Hundred Dollars ($5,500.00) per annum. LaSalle—Three Thousand Dollars ($3,000.00) per annum. Lincoln—Four Thousand Two Hundred Dollars ($4,200.00) per annum. Livingston—Three Thousand Dollars ($3,000.00) per annum. Madison—Three Thousand Dollars ($3,000.00) per annum. Morehouse—Four Thousand Dollars ($4,000.00) per annum. Natchitoches—Eight Thousand Seven Hundred Fifty Dollars ($8,750.00) per 3D Illil Iſl. Ouachita—Ten Thousand Dollars ($10,000.00) per annum. Plaquemines—Four Thousand Dollars ($4,000.00) per annum. Pointe Coupee—Six Thousand Five Hundred Dollars ($6,500.00) per annum. Rapides—Thirteen Thousand Five Hundred Dollars ($13,500.00) per annum. Red River—Four Thousand Five Hundred Dollars ($4,500.00) per annum. Richland—Three Thousand Six Hundred Dollars ( $3,600.00) per annum. Sabine—Four Thousand Dollars ($4,000.00) per annum. St. Bernard—Five Thousand Three Hundred Dollars ($5,300.00) per annum. St. Charles—Two Thousand Five Hundred Dollars ($2,500.00) per annum. St. Helena—One Thousand Five Hundred Dollars ($1,500.00) per annum. St. James—Four Thousand Five Hundred Dollars ($4,500.00) per annum. St. John the Baptist—Three Thousand Dollars ($3,000.00) per annum. St. Landry—Seven Thousand Five Hundred Dollars ($7,500.00) per annum. St. Martin—Four Thousand Five Hundred Dollars ($4,500.00) per annum. St. Mary—Six Thousand Six Hundred Dollars ($6,600.00) per annum. St. Tammany—Six Thousand Dollars ($6,000.00) per annum. Tangipahoa-Eight Thousand Five Hundred Dollars ($8,500.00) per annum. Tensas—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Terrebonne—Four Thousand Five Hundred Dollars ($4,500.00) per annum. Union—Three Thousand Five Hundred Dollars ($3,500.00) per annum. Vermilion—Eight Thousand Dollars ($8,000.00) per annum. Vernon—Seven Thousand Dollars ($7,000.00) per annum. Washington—Six Thousand Dollars ($6,000.00) per annum. Webster—Five Thousand Dollars ($5,000.00) per annum. 558 Vol. IV Acts of the Legislature º: West Baton Rouge—Three Thousand Five Hundred Dollars ($3,500.00) per 8 Il DiUID. West Carroll—Four Thousand Dollars ($4,000.00) per annum. West Feliciana—Two Thousand Five Hundred Dollars ($2,500.00) per annum. Winn—Four Thousand Five Hundred Dollars ($4,500.00) per annum. In the event that the said amounts or any of them exceed the necessities of any one of said Sheriffs and ex-officio Tax Collectors in the efficient performance of his duties as aforesaid, the excess shall not be drawn or otherwise expended by the said officials, but remain in the Parish Treasury. In the event that said amounts or any of them, are insufficient for the efficient performance of the duties of the said officials, then the same shall be supplemented from the Parish Treasury as follows: If additional deputies shall be required, their appointment, employment and compensation shall be approved by the District Judge, or Judges, and the President of the Police Jury; and they shall be paid from the Sheriff’s Salary Fund as hereinafter created; but the Sheriffs shall not be required to submit the name or names of additional deputies, when making requisition for such assistance, nor shall the Judge or Judges or President of the Police Jury inquire thereof; it being the intention of this provision to authorize the Judge and the President of the Police Jury to determine the necessity of additional expense only. If the additional expense above that hereinafter allowed be for other purposes than deputies, the same approval shall be required, and the amount shall be paid from the same fund. In case of emergency the Sheriff shall efficiently perform the duties of his office and submit his action thereafter to said Judge or Judges or President of the Police Jury, provided further, that if the said Judge or Judges or President of the Police Jury shall not approve the requisition of the Sheriff and ex-officio Tax Collector, or of his action in case of emergency, the said requisition or action shall be submitted to the Supervisor of Public Accounts, whose decision thereon, approving or disapproving the same, shall determine the matter for or against the said Sheriff and Ex-Officio Tax Collector. Section 3. Be it further enacted, etc., That all fees and other charges in civil and criminal and other matters allowed by law for the performance of any duty of the Sheriff and Ex-Officio Tax Collector, including Five Hundred Dollars ($500.00) for each Representative the Parish may have in the House of Repre- sentatives, shall be collected by him, but shall be turned over to the Parish Treasurer, to be accounted for by the said Parish Treasurer under the head of a “Sheriff's Salary Fund”, which is hereby created for said purpose. In calculating the commissions he shall retain and turn over to the Sheriff’s Salary Fund the Tax Collector shall deduct a commission of five (5) per cent on the first One Hundred and Twenty-Five Thousand Dollars ($125,000.00) aggregate amount of all State, Parish, school, levee, poll and other taxes and licenses, including all special taxes, except the Confederete Veteran Tax and including hunting licnses, collected by him and actually paid by him into the State and Parish Treasury or to the authority designated by law to receive the same; and two (2) per cent on the next One Hundred and Twenty-Five Thousand Dollars ($125,000.00) and one (1) per cent on all amounts over Two Hundred and Fifty Thousand Dollars ($250,000.00). The Sheriff and Ex-officio Tax Collector shall draw his salary monthly on his own warrant; and shall monthly issue to employees and deputies orders on the Parish Treasurer for the amount due them. For claims within the allowance above fixed, and to be charged to said allowance, he shall collect on his own warrant; it being the intention that the Treasurer's books shall show the total receipts of the office of Sheriff and Ex-Officio Tax Collector in civil, criminal and all other fees, allowances, charges and commissions, and the disbursement to the Sheriffs and Ex-Officio Tax Collectors, including the salary and all other expenses of the office, and also including the reimbursements of actual expenses, paid out as hereinafter allowed, provided that in any case where the Police Jury of the Parish can, with reasonable certainty, estimate what will be the amount of the Sheriff's salary fund, as herein created, it may at discretion, anticipate not exceeding seventy-five per cent of same and advance such an amount from the parish funds to the Sheriff and Ex-Officio Tax Collector monthly, according to agreement and the needs of this office; provided, always, that such advance shall not exceed the salary and all allowances under this act. 559 Vol. IV ; Legal Materials Section 4. Be it further enacted, etc., That the monthly salary and allow- ance of the Sheriff and Ex-Officio Tax Collector shall be paid to him from the Sheriff’s Salary Fund; provided that the aforesaid monthly salary and allowance shall not be drawn unless the same is in the Treasury to the credit of the Sheriff's Salary Fund; provided further, that if the salary and allowance of any month may not be drawn for the reason that the Sheriff's Salary Fund is insufficient, the deficit may be made up and drawn along with subsequent monthly salary allowances; provided further that under no circumstances shall the annual salary and allowances, as provided herein, exceed the total sum of fees and charges collected by the Sheriff and Ex-officio Tax Collector and in the Sheriff’s Salary Fund, as aforesaid, including the sum of Five Hundred Dollars ($500.00) for each Representative, the parish may have in the House of Representatives and commissions on licenses and taxes. Section 5. Be it further enacted, etc., That the commissions on licenses and taxes allowed by law shall be paid into the “Sheriff's Salary Fund” as aforesaid, but in the event there is any portion thereof remaining at the end of each year the same shall be paid over to the recipients of the original taxes upon which the same were collected, in proportion to the amount of the original commissions paid by each recipient. The proportion of all other charges remaining unconsumed shall be turned into the general fund. Section 6. Be it further enacted, etc., That the Supervisor of Public Accounts shall supervise the collection of licenses and taxes to the end that each tax collector shall faithfully and diligently perform his duty. In the event of apparent neglect on the part of any Tax Collector he shall be required on demand of the Supervisor of Public Accounts, to make formal written explana- tion of same, and such explanation shall be considered by said supervisor jointly with the Auditor of Public Accounts, and if they should agree that said Tax Collector is negligent they shall order the Parish Treasurer to hold up the salary of said Tax Collector until the neglect is remedied; provided that said Tax Collector shall have his remedy at law for any injustice done him, or for any salary unjustly withheld. Section 7. Be it further enacted, etc., That any and all laws in conflict herewith, and particularly Act 277 of 1918, be and the same are hereby repealed. ACT 46 OF 1921 E.S., AS AMENDED [This act was combined with other acts and incorporated into the Revised Statutes of 1950, 39:371 and 39:472, 39:501-39:578. For amendments to these sections, see Act 502 of 1950 and Act 469 of 1952.-Ed.] An act to authorize municipal corporations, parishes and school, road, sub- road, sewerage, waterworks, sub-waterworks, gravity drainage, gravity sub- drainage, fire protection and hospital service districts to incur and refund debt and issue negotiable bonds, and regulating and prescribing the pro- cedure therefor. [Title amended by Act 342 of 1948.] Section 1. Municipal corporations, parishes and school, road, subroad, sewerage, waterworks and sub-waterworks, gravity drainage and subdrainage dis- tricts, (city of New Orleans and parish of Orleans excepted), hospital service and fire protection districts, hereinafter referred to as subdivisions of the state, may incur debt and issue negotiable bonds in the form and manner and sub- ject to the limitations and restrictions herein contained. [Acts 1921 (E. S.), No. 46, Section 1; 1926, No. 287, Section 2; 1942, No. 193, Section 2; 1948, No. 342.] Section 2. The governing authority of subdivisions hereunder shall be: For parishes, road and subroad districts and sewerage districts composed of territory outside of the corporate limits of municipal corporations and fire pro- tection districts which do not include any municipal corporation within their 560 Vol. IV Acts of the Legislature *::: limits, the police jury of the parish; for cities, towns, villages, and sewerage districts composed of territory within the corporate limits of such cities, towns, and villages, the municipal boards thereof; for waterworks and subwaterworks districts, the waterworks commissioners of the waterworks district; for gravity drainage and subdrainage districts, the drainage commissioners of Board of par- ish in which they are located; for school districts, the school board of the parish in which they are located; for fire protection districts which include a municipal corporation within their boundaries, the board of commissioners of the district; for hospital service districts, the board of commissioners of the district. When a school district is composed of lands of more than one parish, then the school board of the parish which furnishes the territory of said school district carrying the highest assessment, according to the assessment rolls last filed at the time of issuing the bonds, shall be the governor authority of the district. If a road district is composed of lands of more than one parish the governing authority thereof shall be police juries of the parishes which shall in joint session elect the president, secretary and treasurer for the governing authority of said district and shall fix the domicile thereof at the parish seat of one of the parishes. [Acts 1921 (E. S.), No. 46, Section 2; 1924, No. 209, Section 1 ; 1926, No. 287, Section 2; 1942, No. 193, Section 2; 1948, No. 342.] Section 3. No bonds shall be issued hereunder until they shall have been authorized by vote of a majority in number and amount of the property tax- payers qualified to vote under the constitution and laws of this state who vote at an election held hereunder. The governing authority of any political sub- division as herein defined may call a special election and submit to the quali- fied taxpaying voters the question of incurring debt and issuing negotiable bonds hereunder. The governing authority shall call a special election for said purpose when requested so to do by the petition in writing of one-fourth of the property taxpayers eligible to vote at said election. [Acts 1921 (E. S.), No. 46, Section 3.] Section 4. Resolution calling election—Such election shall be ordered by resolution which shall state the purpose for which the debt is to be incurred, the amount of the debt, the number of years for which the bonds are to run, and the maximum rate of interest. [Acts 1921 (E. S.), No. 46, Section 4.] Section 5. Notice of elction—Notice of such election shall be given em- bracing substantially all matters required to be set forth in the resolution order- ing the election, and shall set forth further that the authorities ordering the election will, in open session, at an hour and place named, proceed to open the ballot boxes, canvass the returns and declare the result. Such notice shall be published for thirty (30) days in a newspaper published in the political sub- division, or if there be no newspaper published therein, then in a newspaper published in the parish; or if there be no newspaper published in the parish, such publication shall be made in a newspaper published in an adjoining parish, and by posting in three public places in the political subdivision ordering the election. Four publications in a newspaper once a week, shall constitute a pub- lication for thirty (30) days; provided thirty (30) days intervene between the date of the first publication and the date of the election. [Acts 1921 (E. S.), No. 46, Section 5.] Section 6. The governing authorities of parishes may incur debt and issue negotiable bonds of the parish for the following purposes, to wit: constructing and maintaining public roads, highways and bridges, constructing and main- taining drains, drainage canals, dykes and levees, constructing court houses, jails, hospitals, auditoriums, coliseums, stadiums, live stock arena and show rings, agricultural and live stock exhibition buildings, and buildings of like and similar nature, and other public buildings, acquiring buildings, machinery and equipment, including both real and personal property, to be used in giving fire protection to the property, in such parish, and such other works of public improvement as the Legislature may expressly authorize. Debt may be incurred and bonds may be issued for the necessary equipment and furnishings for said works, buildings and improvements. The title to all such works, buildings, and improvements shall be in the public. [Acts 1921 (E. S.), No. 46, Section 6; 1942, No. 193, Section 2; 1946, No. 69, Section 1.] 561 Vol. IV # Legal Materials Section 7. Municipal purposes—The governing authorities of municipal corporations, including cities, towns and villages, may incur debt and issue bonds of the municipal corporations for the following purposes, to wit: opening, constructing, paving and improving streets, sidewalks, roads and alley, con- structing bridges, purchasing or constructing water-works, sewers, drains, drain- age canals, pumping plants, sewerage disposal works, light and power plants, gas plants, artificial ice and refrigerating plants, halls, court houses, jails, public markets, abbattoirs, fire department stations and equipment, hospitals, auditoriums, public parks, natatoriums, libraries, school houses, teachers' homes, and other public buildings, docks, wharves and river terminals, and such other works of public improvement as the Legislature may expressly authorize. Debt may be incurred and bonds may be issued for the necessary equipment and furnishings for said works, buildings and improvements. The title to all such works, buildings and improvements shall be in the public. [Acts 1921 (E. S.), No. 46, Section 7; 1924, No. 56, Section 1.] Section 8. School district purposes—The governing authorities of school districts, may incur debt and issue bonds of such districts for the following purposes, and none other, to wit: acquiring lands for building sites and play- grounds; purchasing, erecting, and improving school buildings and teachers' homes and acquiring the necessary equipment and furnishings therefor. The title to all such lands, buildings and improvements shall be in the public. [Acts 1921 (E. S.), No. 46, Section 8.] Section 9. Road district purposes.—Road districts, through the police jury or juries of the parish or parishes as the governing authority thereof may incur debt and issue bonds of the districts for the following purposes, and none other, to wit: opening, constructing, improving and maintaining public roads, high- ways and bridges in such district. The title to such works and improvements shall be in the public. [Acts 1921 (E. S.), No. 46, Section 9.] Section 10. Sewerage district and water-works district purposes.—Sewerage districts composed of territory outside of the corporate limits of municipal cor- porations, through the police jury of the parish in which such districts are located, as the governing authority, and sewerage districts composed of terri- tory within the corporate limits of cities, towns, and villages, through the municipal boards of such cities, towns, and villages in which such districts are located, may incur debt and issue negotiable bonds for the purpose of con- structing and maintaining sewers and sewerage disposal works for such districts and for no other purpose. The title to such sewers and sewerage disposal works shall be in the public. Water-works districts through the governing authority thereof may incur debt and issue negotiable bonds for said district for the purpose of constructing and maintaining water-works systems in such district and for no other purpose. The title to such water-works system shall be in the public. [Acts 1921 (E. S.), No. 46, Section 10; 1924, No. 209, Section 1; 1926, No. 287, Section 2.] Section 11. Drainage district purposs-Drainage and subdrainage dis- tricts through the governing authority threof may incur debt and issue negoti- able bonds of such districts to construct gravity drainage works for such districts or subdistricts, and for no other purpose. The title to such works shall be in the public. [Acts 1921 (E. S.), No. 46, Section 11.] Sction 11a. Fire protection district purposes.—Fire protection districts, through the police jury as the governing authority of the district where no municipal corporation is included within the boundaries of the district, and through the board of commissioners of the district where a municipal corpora- tion is included within the boundaries of the district, may incur debt and issue bonds of the district for the purpose of acquiring buildings, machinery and equipment, including both real and personal property, to be used in giving fire protection to the property in such districts. [Acts 1921 (E. S.), No. 46, $11a as added by Acts 1942, No. 193, § 2(3).] Section 11b. Hospital service districts, through the boards of commis- sioners of such districts, may incur debt and issue bonds of the district for the purpose of acquiring buildings, machinery and equipment including both 562 Vol. IV Acts of the Legislature º: real and personal property to be used in providing hospital facilities in such districts. [Acts 1948, No. 342.] Section 12. Polling-places—Ballots-The governing authority ordering the election, shall designate the polling-places; provide the ballot boxes; bal- lots; valuations of property and compiled statement of the voters in number and amount, and fix the compensation of the election officers. It shall appoint for each polling-place, three commissioners and one clerk of election (all of whom shall be registered voters). [Acts 1921 (E. S.), No. 46, Section 12.] Section 13. Qualification of voters.-Only property taxpayers qualified as electors under the Constitution and Laws of this State shall be entitled to vote at any election hereunder. The qualifications of such taxpayers as voters shall be those of age, residence and registration as voters, as prescribed by the constitution and statutes without regard to sex. There shall be no voting by proxy. [Acts 1921 (E. S.), No 46, Section 13; 1938, No. 282, Section 1; 1940 (E. S.), No 6, Section 1.] Section 14. List of voters.--The registrar of voters shall furnish to the election commissioners appointed to hold such elections a list of taxpayers entitled to vote, together with the valuation of each taxpayer's property, as shown by the assessment roll last made and filed prior to such elections; pro- vided, that when any taxpayer's name and valuation of property shall be omitted from such list or erroneously entered thereon, the commissioners of election may receive affidavits of such taxpayer's right to vote and the proper assessed valuation of his property, which affidavits shall be attached to such taxpayer's ballot. No defect or irregularity in or omission from the list of voters furnished by the registrar of voters hereunder shall affect the validity of the election unless it be established that voters were thereby deprived of votes sufficient in number and amount to have changed the result of the elec- tion. [Acts 1921 (E. S.), No. 46, Section 14; 1938, No. 282, Section 2; 1940 (E. S.), No. 6, Section 2.] Section 15. Challenging votes.—If the vote of any taxpayer shall be challenged, the commissioners of election shall permit him to vote and shall receive in writing the grounds of challenge signed by the challenger, together with the challenged taxpayer's statement of his asserted right to vote, and at- tach such challenge and statement to his ballot. [Acts 1921 (E. S.), No. 46, Section 15.] Section 16. Form of ballot.—If more than one proposition is submitted at the same special election, each proposition shall be so submitted as to enable the voter to vote thereon separately. The ballots to be used at special elections hereunder shall be in substantially the following form: Shall. . . . . . . . . . . . . . . . . . . . . . . . . . incur debt and issue (name of subdivision) bonds to the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes dollars, to run. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . years, from €S date thereof, with interest, at the maximum rate of . . . . . . e e º e º e - e < e º 'º e º e º 'º e per cent per anum for the purpose of Taxable valuation $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No s = e º e is a • * * * * * * * * * * * * * * * c e e s e º e º 'º e º s is e º e º e s ∈ n e º e º 'º e º 'º – (Signature of Voter) Notice to Voters: To vote in favor of the proposition submitted on this ballot, place a cross (X) mark in the square after the word “Yes”; to vote against it, place a similar mark after the word “No”. [Acts 1921 (E.S.), No. 46, Section 16; 1938, No. 282, Section 3; 1940 (E. S.), No. 6, Section 3.] Section 17. Election of officers—Substitutes.—If any commissioner or clerk of election shall be unable, fail or neglect to attend or serve at the poll- ing place designated, and at the hour fixed for opening, or within one hour thereafter, the commissioners present shall appoint, or in the absence of all 563 Vol. IV # Legal Materials commissioners the voters present shall elect the necessary number of commis- sioners and clerks, who shall have the same powers, compensation and duties, as other commissioners and clerks and shall serve in the place and stead of the absentee or delinquent appointees. [Acts 1921 (E. S.), No. 46, Section 17.] Section 18. Election officers—Oaths.-Commissioners and clerks of such elections, before opening the polls, shall be sworn to perform all the duties incumbent on them as such, the oath to be taken before any officer authorized to administer oaths, or by the clerk, and each commissioner before any other commissioner, such commissioners of election being authorized to administer any oath and to receive any affidavit provided for in this act. [Acts 1921 (E. S.), No. 46, Section 18.] Section. 19. Voting.—Each voter's name shall be written on his ballot. The commissioners of election shall receive the ballot of each voter, check his name on the list of voters furnished by the registrar as having voted, enter and number his name on the list of taxpayers voting, and immediately deposit his ballot in the ballot box, reserving to each voter the right to so fold his ballot that it shall not be known at the time of voting whether he voted for or against the proposition or propositons submitted. [Acts 1921 (E. S.), No. 46, Section 19.] Section 20. Opening and closing polls.-The polls shall open on the day appointed, at 7 o'clock a.m., and remain open until and not later than 6 o'clock p. m. No election shall be vitiated by a failure to open the polls at the time prescribed, or by closing before the time prescribed, unless on a contest, it be established that voters were thereby deprived of votes sufficient in number and amount to have changed the result of the election. [Acts 1921 (E. S.) No. 46, Section 20.] Section 21. Counting ballots.-Immediately after the closing of the polls, the commissioners shall, in the presence of the bystanders, open the ballot boxes, count the ballots found therein, check the same with the list of voters kept, proceed to count the votes in number and amount, keep in duplicate tally sheets showing the votes in number in favor of and against the propo- sition or propositions submitted and showing the valuation of property in favor of and against same, make in deplicate compiled statements of the vote in number and amount, both in favor of and against each proposition or propositions. After swearing to the correctness of the numbered list of voters, the duplicate tally sheets and duplicate compiled statements, they shall de- posit the ballots, the registrar's list of voters, the numbered list of taxpayers voting, one duplicate tally sheet and one duplicate compiled statement, in the ballot box, immediately seal the said ballot box and within forty-eight hours after the closing of the polls, deliver said sealed ballot box with its contents to the authorities ordering such election, and shall within the said period de- liver the duplicate tally sheet and the duplicate compiled statement to the clerk of the district court of the parish in which such election has been held, who shall file the same in his office. If the election commissioners on counting the ballots find that they do not correspond with the list of voters, they shall before examining and counting the ballots, examine the same for the purpose of finding the discrepancy and if it should be found that any ballots have been duplicated the same shall be destroyed or if it be found that the name of a voter has been omitted from the list of persons voting, the same shall be added to said list. [Acts 1921 (E. S.), No. 46, Section 21.] Section 22. Canvass of returns.—On the day and at the hour and place named in the notice of election, the authorities ordering the election shall at public session open the ballot boxes, examine and count the ballots in number and amount, examine and canvass the returns and declare the result of such election. The result shall be promulgated by publication in one issue of a news- paper published in the subdivison, or if there be none, in a newspaper pub- lished in the parish, or in an adjoining parish where no newspaper is published in the parish. [Acts 1921 (E. S.), No. 46, Section 22.] Section 23. Proces verbal.-The authority ordering the election shall keep a proces verbal of the canvass and shall forward a copy thereof to the Secre- tary of State, who shall record the same; another copy to the Clerk of the Dis- 564 Vol. IV Acts of the Legislature *::: trict Court, who shall also record said copy in the Mortgage Records, and in the remaining copy shall be retained in the archives of the office of the au- thority ordering the election. [Acts 1921 (E. S.), No. 46, Section 23.] Section 24. Preservation of ballots.-The custodian of the archives or records of the authority ordering such election shall preserve for a term of three months from the date of the promulgation of such election the ballots and other returns thereof. [Acts 1921 (E. S.), No. 46, Section 24.] Section 25. Issuing bonds—Resolution.—If a majority in number and amount of the qualified property taxpayers voting at such election shall vote in favor of the proposition to incur debt and issue negotiable bonds, the gov- erning authorities thereof, after promulgation of the result of such election, may by resolution authorize the issuance of such bonds, in an amount not ex- ceeding the amount stated in the proposition, which bonds shall not be issued for any other purpose than that stated in the proposition. [Acts 1921 (E. S.), No. 46, Section 25.] Section 26. Limit of indebtedness.-No debt shall be incurred and bonds issued therefor by any subdivision hereunder for any one of the purposes here- in provided, which, including the existing bonded debt of such subdivision for such purpose, excepting bonds issued and secured by an acreage tax, and bonds issued under section 14, clause (e) of the Constitution, shall exceed in the aggregate ten per centum of the assessed valuation of the taxable property of such sub-division, to be ascertained by the last assessment for parish, munici- pal, or local purposes previous to incurring such indebtedness. [Acts 1921 (E. S.), No. 46, Section 26; 1924, No. 11, Section 1.] Section 27. Maximum duration of bonds—Interest.—No bonds issued by any subdivision hereunder shall run for a longer period than forty years from the date thereof, or bear a greater rate of interest than six per centum per annum, payable annually or semiannually, or be sold for less than par. [Acts 1921 (E. S.), No. 46, Section 27.] Section 28. Form of bonds—Signing.—The governing authority issuing the bonds, shall by resolution, fix the form and terms of the bonds, and the rate of interest, payable annually or semiannually within the maximum rate prescribed hereby. Said bonds shall be payable in such medium and at such place or places within or without the state as may be fixed by resolution. All bonds issued hereunder shall be signed by the president or chief executive offi- cer, and the Secretary or Clerk of the subdivision or governing authority, un- der the seal of the subdivision; the coupons if any, shall be signed by the facsi- mile signatures of said officers. The delivery of any bonds or coupons so exe- cuted at any time thereafter shall be valid, although before the date of delivery, the persons signing such bonds or coupons shall cease to hold office. [Acts 1921 (E. S.), No. 46, Section 28.] Section 29. Resolution prescribing terms; Maturity.—The governing au- thority issuing the bonds, shall by resolution fix the times within the maximum period prescribed hereby, when said bonds shall become payable. Said bonds shall be payable in annual installments beginning not more than three years after the date thereof, and the amount payable in each year shall be so fixed that when the annual interest is added to the principal amount to be paid, the total amount payable in each year in which part of the principal is pay- able shall be as nearly qual as practicable. It shall be an immaterial variance if the difference between the largest and smallest amounts of principal and interest payable annually during the term of the bonds shall not exceed three per cent of the total authorized issue. [Acts 1921 (E. S.), No. 46, Section 29.] Section 30. Registration as to principal only.—Bonds issued hereunder may be either registered or coupon bonds. Coupon bonds may be registered as to principal in the holders name on the books of the financial officer of the sub- division, the registration being noted upon the bonds by such financial officer, after which no transfer shall be valid unless made on such financial officer's books by the registered holder, and similarly noted on the bonds. Bonds regis- tered as to principal may be discharged from registration by being transferred 565 Vol. IV Act § º Legal Materials to bearer, after which they shall be transferable by delivery, but may be again registered as to principal as before. The registration of the bonds as to princi- pal shall not restrain the negotiability of the coupons by delivery merely. [Acts 1921 (E. S.), No. 46, Section 30.] Section 31. Registration as to interest.—Coupon bonds issued by any municipal corporation having a population of 20,000 or more according to the last federal census or by any parish may also be registered as to interest, and the coupons surrendered and interest made payable only to the registered hold- er of the bond. For that purpose the financial officer of the parish or municipal corporation shall detach and cancel the coupons and shall indorse a statement on the bonds that the coupon sheet issued therewith has been surrendered by the holder and the coupons canceled by him, and that the semiannual interest is thereafter to be paid to the registered holder or order by draft, check or warrant, drawn payable at a place of payment specified in the bond. Bonds registered under this section may with the consent of the municipal corporation or parish and holders of the bonds be reconverted into coupon bonds at the expense of the holder thereof, and again reconverted into registered bonds from time to time as the governing authority of the municipal corporation or parish and the holders of the bonds may determine. Such parishes and municipal corporations are authorized to pass all reso- lutions and ordinances necessary to give effect to the provisions hereof. [Acts 1921 (E. S.), No. 46, Section 31.] Section 32. (a) Refunding bonds. For the purpose of readjusting, refund- ing, extending and unifying the whole or any part of its outstanding indebted- ness, including bonds supported by special taxes, bonds issued under Section 4 of Árticle 28i of the Constitution of 1913, bonds issued under clause (e) of Section 14 of Article XIV of the Constitution of 1921, bonds assumed under clause (k) of Section 14 of Article XIV of the Constitution of 1921, and any general indebtedness existing January 1, 1921, the governing authority of any subdivision may, when authorized by a vote of a majority, in number and amount, of the qualified property taxpayers who vote at a special election held hereunder, issue refunding bonds not exceeding in amount the bonds refunded or indebtedness due. The payment of the principal and interest of refunding bonds issued hereunder, may be secured by pledge of not more than two mills of the general alimony tax of the subdivision or by the levy of special taxes in excess of all other taxes sufficient to pay the interest annually or semi- annually and the principal falling due each year. Provided, that whenever any subdivision issuing bonds hereunder shall have outstanding bonds secured by the levy of special taxes, such refunding bonds shall be likewise secured by the levy of special taxes. (b) Ballot. The ballots to be used at special elections held under this section shall be substantially the following form: Shall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . issue (Subdivision) Refunding bonds as follows: In the amount of $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes • , , , = • , , , , , , s e º e s e e s = • * * * * * * * * * * * * * * * * * bearing interest at the rate of . . . . . . . . %, to run. . . . . . . . . . . . . . . . . . . years. To be identified with the outstanding bonds of . . . . . . . . . . . . (Designate issue to be refunded) Taxable valuation $. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No (Signature of Voter) Notice to voters: To vote in favor of the proposition submitted on this ballot, place a cross (X) mark after the word “Yes”; to vote against it, place a similar mark after the word “No.” (c) Procedure. The proceedings to authorize the issue [of] refunding bonds under this section shall in all other respect conform to the provisions of this Act for incurring debt and issuing bonds so far as applicable. 566 Vol. IV Acts of the Legislature º: (d) If a majority in number and amount of the qualified property tax- payers who vote at such election shall vote in favor of such bonds, the gov- erning authority shall authorize by resolution the issuance of such refunding bonds which shall be of as many series as there are outstanding issues of bonds and shall be designated “Liquidation Bonds.” Each series in amount, denomination and recitals shall be as near as may be identical with each out- standing issue of bonds, except as to date of issue, rate of interest and maturity; the date of issue may be the date of the last maturity of the outstanding issue of bonds, except as to date of issue, rate of interest and maturity; the date of issue may be the date of the last maturity of the outstanding bonds. They shall bear interest not exceeding six per centum per annum, said interest to be payable semi-annually, and they shall mature serially within a period not exceeding forty years from their date of issue; each such series shall bear a serial number which shall identify it with the issue it is intended to refund. (e) When such liquidation bonds shall have been signed and registered in accordance with the terms of this act, they shall be lodged with the treasurer of the state of Louisiana, and any holder of any outstanding bond may upon . surrendering such bond to the state treasurer receive in substitution therefor the corresponding liquidation bond. Until so exchanged the liquidation bonds shall, until they mature, continue in the possession of the state treasury. (f) It shall be the duty of the governing authority of any subdivision refunding its indebtedness under this section, in apt time and manner to levy a tax sufficient to pay the interest upon all the bonds of each series as it accrues and to pay the principal as it matures. The principal and interest of any outstanding bonds not surrendered by the holder or holders thereof to the state treasurer shall be paid at maturity by the governing authority of the subdivision from the taxes so levied, and the bonds and coupons of such out- standing bonds when paid in accordance with their terms shall be lodged with the state treasurer, who shall cancel the liquidation bonds and coupons cor- responding therewith. When all the bonds and coupons of any series are thus canceled by payment of the corresponding outstanding bonds, the state treasurer shall mutilate them so that they can not be reissued and shall return them to the treasurer of the subdivision. [Acts 1921 (E. S.), No. 46, Section 32; 1924, No. 218, Section 1; 1932, No. 236, Section 1.] Section 33. Recital of regularity.—Before bonds of any subdivision are issued hereunder the governing authority shall investigate and determine the regularity of the proceedings. The resolution authorizing the bonds may direct that they shall contain the following recital: “It is certified that this bond is authorized by and is issued in conformity with the requirements of the Consti- tution and Statutes of this State.” Such recital shall be deemed to be an authorized declaration by the governing authority of the subdivision and to import that there is constitutional and statutory authority for incurring the debts and issuing the bonds, that all the proceedings therefor are regular, that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bond have existed, happened and have been performed in due form, time, and manner as required by law, that the amount of the bond together with all other indebtedness does not exceed any limit or limits prescribed by the Constitution and Statutes of this State and that an election has been duly and regularly held, and the incurring of debt and the issuing of a negotiable bond therefor authorized by vote of a majority in number and amount of the property taxpayers, qualified to vote under the Constitution and Laws of this State, who voted at an election regularly called and held for the purpose after notice published or posted in the manner required by law. If any bond be issued containing the said recital, it shall be concluively presumed that said recital, construed according to the import hereby declared, is true and neither the subdivision nor any taxpayer thereof shall be permitted to question the validity or regularity of the obligation in any court or in any action or proceeding. [Acts 1921 (E. S.), No. 46, Section 33.] Section 34. Registration by secretary of state.—After the time within which the validity of the bonds may be contested, has elapsed, to wit: sixty days from the date of promulgation of the result of the election, bonds issued by any subdivision shall be registered by the Secretary of State without charge, 567 Vol. IV *: Legal Materials and shall have indorsed thereon the words: “This bond secured by a tax. Reg- istered on this. . . . . . . . . . . . . . day of . . . . . . . . . . . . . . , 19.....” and signed by the Secretary of State or by an Assistant Secretary of State with the Great Seal of Louisiana affixed without charge. [Acts 1921 (E. S.), No. 46, Section 34.] Section 35. Levy of taxes for payment of principal and interest.—It shall be the duty of the governing authority of any subdivision issuing bonds hereunder, to impose and collect annually in excess of all other taxes, a tax on all the property subject to taxation by the subdivision under the Constitu- tion and Laws of Louisiana sufficient in amount to pay the interest annually or semiannually, and the principal falling due each year. Such tax shall be levied and collected by the same officers, at the same time and in the same manner as the general taxes of the subdivision. Should any subdivision neglect or fail for any reason to impose or collect sufficient taxes for the payment of the principal or interest of any bonded indebtedness incurred hereunder, any person in interest may enforce imposition and collection thereof in any court having jurisdiction of the subject-matter, and any suit, action or proceeding brought by such person in interest shall be a preferred cause, and shall be heard and disposed of without delay. In the event of any default in the imposi- tion and collection of any taxes required for the payment of the principal and interest of any bonded debt of any political subdivision, the taxing officers of the state are hereby authorized and directed to impose and collect said taxes, and shall certify the same, and cause the same to be imposed and collected at the same time and in the same manner as the taxes for state purposes are imposed and collected in the subdivision incurring the debt. If there be any fault in the imposition and collection of any tax required for the payment of the principal or interest of any bonded debt of any school district, road, subroad, sewerage or gravity drainage, or subdrainage district, the governing body and taxing officers of the parishes in which such district is situated shall at the same time and in the same manner as taxes for parish purposes are imposed and collected, impose and collect such tax on the taxable property of such district as shall be necessary for the payment of the defaulted principal and interest on such bonded debt. All the articles and provisions of the Constitution of 1921, and all the laws in force or that may be hereafter enacted regulating and relating to the collection of state taxes and tax sales which also apply to and regulate the collection of the special taxes imposed under the provisions of this act, through the officer whose duty it shall be to collect the taxes and moneys due the subdivision imposing such special taxes. [Acts 1921 (E.S.), No. 46 $35.] Section 36. Sale.—All bonds issued hereunder shall be advertised for sale on sealed bids, which advertisement shall be published at least once a week for three weeks, the first publication to be made a least twenty-one days preceding the date fixed for the reception of bids, in a newspaper published in the subdivision, or if there be none, in a newspaper published in the parish in which the subdivision is situated; or if there be none, in a newspaper published in an adjoining parish, and posted in three public places in the subdivision at least twenty-one days before the date fixed for the reception of bids. Notice of sale shall also be published once a week for three weeks preceding the date, fixed for the reception of bids, either in a financial paper published in the City of New York or the City of Chicago, or in a newspaper of general circulation published in a city of the State of Louisiana, having a population of not less than 20,000 inhabitants, according to the last federal census. The governing body may reject any and all bids. If the bonds be not sold pursuant to such advertisement, they may be sold by the governing body by private sale, within sixty days after the date advertised for the reception of sealed bids, but no such private sale shall be made at a price less than the highest bid which shall have been received. If not so sold, said bonds shall be read- º,” the manner herein prescribed. [Acts 1921 (E. S.), No. 46, Sec- tion 36. 568 Vol. IV Acts of the Legislature º: ACT 95 OF 1921 E.S. AN ACT To carry into effect the provisions of the Constitution of 1921 in relation to the establishment and maintenance of a system of State Highways and bridges; to create a Louisiana Highway Commission; to prescribe its duties, functions and powers; to provide for the selection of a State Highway Engineer and to prescribe his duties, functions and powers; to provide for the removal of the members of the Commission and of the State Highway Engineers; to designate certain routes of highways and bridges constituting a State High- way System; to provide for the location of highways and bridges and for the acquisition by expropriation or otherwise of roadways and right of ways and other property necessary or useful to the construction, operation and maintenance of highways and bridges; to provide for reimbursement to Parishes and Road Districts of the State for roads and bridges constructed by them, and for contributions by Parishes, Road Districts and Municipalities for roads and bridges to be constructed within their borders; to create a general State Highway fund, and to provide for its administration and disbursement, and making an appropriation to carry out the purposes of this Act; to prohibit members of the Commission, officers and employees thereof, or firms, corporations or associations of persons in which they may be financially interested from bidding or entering into or being in any way interested in contracts for the construction of any highway or bridges or other public work, or for furnishing materials or supples [sic] of any kind; to make the same a misdemeanor; provide penalties therefor; to make it a misdemeanor for any contractors, material dealers, corporations or individuals to enter into collusion by private agreement or secret under- standing to raise prices in construction or supplies for State Highway work, and prescribing penalties therefor; to provide for the working of convicts on State Highways under certain regulations; to provide generally for the construction, operation and maintenance of a system of State Highways and bridges, and the doing of all things necessary or convenient to that end; i. . repeal all laws or parts of laws in conflict with the provisions of this Act. Section 1. Be it enacted by the Legislature of Louisiana, That there is hereby created a Commission which shall be known as the “Louisiana Highway Commission,” and shall consist of three members who shall be duly qualified electors of the State of Louisiana to be appointed by the Governor on or before January 1, 1922. Of the members of said Commission first appointed one shall serve for two years, one for four years, and one for six years, from January 1, 1922, and the term of each member first appointed shall be designated by the Governor at the time of making the appointment. Thereafter the term of each member of the Commission shall be six years. The Governor shall designate one member of said Commission who shall be Chairman thereof but, after the expiration of said Chairman's term, the Board shall name its own Chairman. Each member of said Commission shall take the oath of office required by the Constitution before entering upon his duties and shall give bond to the Gov- ernor of the State of Louisiana in the sum of Ten Thousand ($10,000.00) Dollars, conditioned upon the faithful performance of his duties, said bond to be approved by the Governor and filed with the Secretary of State. Any member of the Commission may be removed by the Governor for inefficiency, malfeasance, or neglect of duty. Any vacancy occurring in the membership of said Commission shall be filled by the Governor, but where a vacancy occurs other than by expiration of the term, such appointment shall be for the unexpired term only. Until the Legislature shall provide otherwise, each member of the Com- mission shall devote his whole time to the duties of his office and shall receive a salary of $5,000.00 per annum, payable monthly on his own warrant out of the General Highway Fund; and each member shall be allowed actual and necessary traveling expenses incurred in the discharge of official duties under the provisions of this Act. Provided a detailed statement of said expenses be furnished to and approved by the Commission. 569 Vol. IV : Legal Materials Section 2. That on or before January 1, 1922, or as soon thereafter as possible, the Commission shall meet at the State Capitol and organize by electing one of its members Vice-Chairman, and another to be Secretary, and employing necessary clerical help, and, as soon as practicable, shall employ a State Highway Engineer. The said State Highway Engineer shall be a competent Civil Engineer of recognized ability and standing, experienced in highway con- struction and maintenance, and shall before entering upon the duties of his office qualify under Act 242 of the Legislature of 1920 to practice civil engi- neering in the State of Louisiana. He shall receive an annual salary to be fixed by the Commission, which shall be payable monthly out of the General Highway Fund; shall be allowed his actual and necessary traveling expenses incurred in the discharge of his official duties; provided a detailed statement of said expenses be furnished to and approved by the Commission; and shall give his whole time to the duties of his office. He shall hold office during the pleasure of the Commission. He shall, before entering upon the duties of his office, take the prescribed oath and give bond to the Governor of the State of Louisiana in the sum of Ten Thousand ($10,000.00) Dollars, conditioned upon the faithful performance of his duties, said bond to be approved by the Gov- ernor and filed with the Secretary of State. No member of the Commission shall be eligible for appointment as State Highway Engineer for a period of one year after he shall cease to be a member of the Commission. . Two members of the Commission shall constitute a quorum for the transac- tion of any business that may come before the Commission. Section 3. That the Commission shall be domiciled at the State Capital, and maintain suitable offices conveniently and properly furnished which shall be the repository for all records of the Commission. The Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any Court of Justice. Section 4. That the State Highway Engineer, with the consent and approval of the Commission, may appoint and fix the compensation of such assistant engineers and other subordinates as may be necessary to the proper conduct of the work of the Commission, under the provisions of this Act, and such of these appointees as may be required by the Commission shall take the prescribed oath of office before entering upon their duties. The premium on all bonds required to be given by officials or employees under the provisions of this Act shall be paid from the General Highway Fund. All assistant engi- neers and other subordinates shall serve during the pleasure of the Commission. Section 5. That it shall be the duty of the Commission to hold meetings at such times, and at such places and for such periods as it may deem essential to the proper carrying out of the provisions of this Act. The members thereof shall each have power to administer oaths when necessary in the discharge of their official duties. It shall be the duty of the Commission to consider and determine at its meetings all questions relating to general policy and the conduct of its work in general; to receive and consider, at such times as it may select, the annual report of the State Highway Engineer and to act upon all matters relating to recommendations, reports and such other matters as it may deem advisable to submit to the Governor or to the Legislature. Section 6. The State Highway Engineer shall keep on file copies of all plans, specifications, and estimates prepared by his department. He shall collect information with reference to mileage, character, and condition of the highways and bridges in the several parishes of the State; and shall investigate and report on the methods of road construction and maintenance best adapted to the various sections of the State, having due regard to topography, natural con- ditions, availability of road building materials, the prevailing traffic condition, and the ability of the Parishes to meet the cost of building and maintaining roads and bridges thereon. He may at all reasonable times be consulted by parish and other local officials having authority over highways and bridges relative to any question affecting such highways and bridges; and he may in like manner call on all such officials for information or maps relative to the location, character, and condition of the highways and bridges under their jurisdiction and control, and it is hereby made the duty of such officials to furnish such information when so called upon. Subject to the approval of the 570 Vol. IV Acts of the Legislature *::: Commission, he shall determine the character of improvements to be made. He shall have supervision of the construction, repair and maintenance of all roads and bridges under the provisions of this Act, and shall prepare, or approve, all plans, specifications and estimates therefor. He shall have such other duties as may be assigned him by the Commission, and shall report the proceedings of his office annually to the Commission, at such times as it may designate, and shall make such additional reports as may be required by the Commission. Section 7. That there is hereby created a system of hard surface State Highways which shall be constructed and when hard surface maintained out of the General Highway Funds as provided by Article 6 of the Constitution of 1921. The said highways shall extend, as nearly as possible, along the following described routes, the more specific and detailed location shall be determined by the Louisiana Highway Commission, and in such manner as shall be prescribed by law, but in fixing such definite and detailed routes, said Highways shall touch the various cities, towns and villages named herein as points through which said routes are to pass. Provided the location and designated routing of State Highways as herein made may be altered and amended by the Louisiana Highway Commission to such an extent and in such manner as may be necessary to meet any requirements that may be made by the Federal Government in granting aid in road construction. That the State Highway System, as herein provided, shall consist of the following highways, which shall be constructed along the following routes: Route 1. Beginning at a point on the Texas State line near Wascom, through Greenwood, Shreveport, Grand Cane, Mansfield, Sodus, Belmont, Marthaville, Robeline, Natchitoches, Montgomery, Colfax, Alexandria, Lecompte, Bunkie, Melville, Rosedale, Port Allen, Baton Rouge, Hope Villa, Burnside, Convent, Kenner, Shrewsbury, Protection Levy, at South Claiborne Avenue, New Orleans, Louisiana, South Claiborne Avenue both sides to Canal Street, North Claiborne Avenue both sides to Poland Avenue, St. Claud Avenue, both sides to St. Bernard Parish line, Mereaux, Violet, Poydras, Dalcour, Phoenix, Pointe-a-la-Hache to Fort St. Philip. Route 2. Beginning at the Texas State line, near Orange, Texas, thence through Vinton, Sulphur, Lake Charles, Jennings, Crowley, Rayne, Lafayette, New Iberia, Franklin, Morgan City, Gibson, Houma, Raceland, Des Allemands, Luling, Westwego, Gretna, Jackson Avenue, both sides New Orleans, Louisiana, to South Claiborne Avenue, thence over Route 1 to Canal Street, thence to Broad Street, both sides to Bruxelles, Gentilly Avenue, Chef Menteur, Slidell, Pearl River, to Mississippi State line near Logtown. Route 3. Beginning at the Arkansas State line near Milliken, thence through Lake Providence, Tallulah, St. Joseph, to Vidalia. Also beginning at the line between Louisiana and Mississippi near Morgans through St. Francis- ville to Baton Rouge. Route 4. Beginning at Mississippi River east of Delta, through Tallulah, Delhi, Rayville, Monroe, Ruston, Arcadia, Gibbsland, Minden, to Shreveport. Route 5. Beginning at Arkansas State line at Junction City, thence through Bernice, Dubach, Ruston, Jonesboro, Winnfield, Atlanta, Colfax, Alexandria, Marksville, Bunkie, Gold Dust, Washington, Opelousas, to Lafayette. Route 6. Beginning on Texas State line at East Pendleton, thence through Many, Ft. Jessup, Robeline, Natchitoches, Atlanta, Winnfield, Olla, Jena, Rhine- hart, Archie, Jonesville, Ferriday to Vidalia. Route 7. Beginning on the Mississippi State line north of Angie through Bogalusa, Covington, Hammond, Albany, Holden, Livingston, Walker, Denham Springs, Baton Rouge, Port Allen, Rosedale, Livonia, Krotz Springs, Port Barre, Opelousas, Eunice, Elton, Kinder, Fulton, De Quincy, thence to Texas line. Route 8. Beginning at Arkansas State line near Rodessa, through Moor- ingsport, Blanchard, to Shreveport. Route 9. Beginning at Logansport, through Mansfield, Coushatta, Ashland, Chestnut to Winnfield. Route 10. Beginning at Arkansas State line at Arkana, through Plain Dealing, Benton, Bossier City, Curtis, Taylortown, Crichton, Coushatta, Red Oak, Grappes Bluff, Campti, to Natchitoches. 571 Vol. IV *: Legal Materials Route 11. Beginning at Lake Providence, through Oak Grove, Mer Rouge, Bastrop, Marion, Farmerville, Bernice, Homer, to Minden. Route 12. Beginning at Arkansas State line, through Haynesville, Homer, Athens, Arcadia, Bryceland, Bienville, Saline, Chestnut to Ashland. & Route 13. . Beginning at Monroe, through Eros, Chatham, Jonesboro, Liberty Hill, Bienville, Castor, Ringgold, to a point at or near Loggy Bayou. Route 14. Beginning at Arkansas State line near Jones, through Bonita, Mer Rouge, Bastrop, Monroe, Columbia, Tullos, Selma, Howcott, Pollock, to Alexandria. . ... Route 15. Beginning at Farmerville, through Monroe, Magham, Winnsboro, Sicily Island, Clayton, to a point on Route 3. - Route 16. Beginning at Arkansas State line at Kilbourne, through Oak Grove, Delhi, to Winnsboro. Route 17. Beginning at Ruston, to Chatham, to Columbia, to Winnsboro. Route 18. Beginning at Sicily Island, Harrisonburg, Jonesville, Wildsville, Lismore, Monterey, to Deer Park. Route 19. Beginning at Harrisonburg, through Manifest, Rhinehart, Jena, Pollock, Bently, to Colfax. Route 20. Beginning at Shreveport, through Caspiana, Westdale, Lake End, Natchitoches, Derry, Lena, Boyce, to Alexandria. Route 21. Beginning at Alexandria, through Hineston to Slagle, Leesville to Sabine River on Texas State line near Hatten Ferry. Route 22. Beginning at Opelousas, through Ville Platte, Oakdale, Eliza- beth, Rustville, Craven, DeRidder, to a point on the Texas and Louisiana State line near Merryville. Route 23. Beginning at Ville Platte, to Gold Dust. Route 24. Beginning at Iowa, through Kinder, Oberlin, Oakdale, Longleaf, to Le Compte. Route 25. Beginning at Oberlin, through Elton, Jennings, Lake Arthur, Gueydan, Kaplan, Abbeville, New Iberia, St. Martinville, Breaux Bridge, Arnaudville, to Port Barre. Route 26. Beginning at Le Compte, through Meridian, Mamou, Eunice, Crowley, to Kaplan. Route 27. Beginning at Beggs, to Palmetto. Route 28. Beginning at Gibson, through Chacahoula, via Brule Guillot, to Thibodeaux. Route 29. Beginning at Donaldsonville, through Napoleonville, Thibodeaux, to Raceland. Route 30. Beginning at Bunkie, through Long Bridge, Simmsport, Letts- worth, Morganza, New Roads, Port Allen, Plaquemine, White Castle, Donald- sonville, Luling, Waggaman, Westwego, Amesville, Harvey, Gretna, Algiers, to Barataria and Lafitte. Route 31. Beginning at Algiers, through Belle Chasse, Diamond, Sunrise, to Fort Jackson. Route 32. Beginning at Poydras through St. Bernard, to Shell Beach. Route 33. Beginning at South Carrollton Avenue and New Basin Canal New Orleans, both sides of the New Basin Canal as far as the Cemeteries, thence on the West side of the New Basis Canal to West End thence along the shore of Lake Pontchartrain, through La Branche, Ruddock, Stradder, Poncha- toula, Hammond, Amite, Kentwood, to a point on the Mississippi State line. Route 34. Beginning at Slidell, through Lacomb, Mandeville, Covington, Franklinton, to a point on the Mississippi State line near Warnerton. Route 35. Beginning at St. Francisville, through Jackson, Clinton, Greens- burg, Amite, Franklinton, to Bogalusa and to Mississippi State line east of Bogalusa. Route 36. Beginning at Mississippi State line near Teddy through Clinton, Deerford, to Baton Rouge. Route 37. Beginning at Baton Rouge, through Magnolia, Baywood, Grange- ville, to Greensburg and north to State line. 572 Vol. IV Acts of the Legislature º: Route 38. Beginning at Logansport, through Longstreet, Keatchie to a point on Route No. 1 near Gloster. Route 39. Beginning at Leesville, through Kurthwood, Kisatchie, Bellwood, Provencal, to Hagenwood. Route 40. Beginning at Rayne, through Branch, Church Point, to Opelousas. Route 41. Beginning at Morganza to Ravenwood, to a point on the Jefferson Highway. Route No. 42, beginning at Mansfield through Benson, Converse, Noble, Zwolle, Many, Florien, Gandy, Hornbeck, Leesville, DeRidder, Fulton, Lake Charles, thence following the Gertsner Field road to the Cameron Parish line, through Creole to Cameron. Route 43. Beginning at Abbeville, through Maurice, through Lafayette to Breaux Bridge. Route 44. Beginning at Ruston through Darbone to a point on Route No. 15 near Downsville. Route 45. Beginning at Lake Providence through Jackson Ferry Bridge, to Epps station. Route 46. Beginning at Dutch Town through Gonzales, St. Amant, Port Vincent, and through Springville, the Parish seat of Livingston Parish, through Springfield, through Montpelier, to Greensburg. Route 47. Beginning at Bastrop, through Collinston, Oak Ridge, Rayville, to Mangham. Route 48. Beginning at Winnsboro, through Como to St. Joseph. Route 49. Beginning at Vidalia, through Deer Park to a point on Route 30. Route 50. Beginning at Campti through Creston, to Goldonna. Route 51. Beginning at Many to Sodus. Route 52. Beginning at De Ridder, through Hoy to Oberlin. Route 53. Leave Route 1 at Ory and connect with Route 33 near Frenier. Route 54. Beginning on route number one (1) at Orange Grove Plantation through Sorrento to Route 46 at St. Amant. Route 55. Beginning on the line between the States of Arkansas and Louisiana near Ida, thence through Hosston, Belcher, Dixie to Shreveport. Route 56. Beginning at New Iberia, thence through Loreauville to Dautrive's Landing. Route 57. Beginning at Marksville, through Center Point to Alexandria, and also from Centre Point to Jena. Route 58. Beginning at Pearl River, through Talisheek to Covington. Route 59. Beginning at Baldwin, through Glenco to Louise. Route 60. Beginning at Centerville, through Bayou Sale, South Bend to Cote Blanche Bay. Route 61. Beginning on route No. 1 at Warsailles, through Bayou Bien- venieu to Route No. 2 at the Gentilly Road. Route No. 62. Beginning at Reggio through Bencheque Village to De La Croix Island. Route No. 63. Beginning at Baton Rouge via Agricultural College, Burt- ville, through Grenada cut off to Plaquemine. Route 64. Beginning at Columbia, to Landiasus Ferry, Buckner, Alto to Rayville. Route 65. Beginning at Rosedale through Grosse Tete to Plaquemine. Route No. 66. Beginning at Minden through Leton, Shongaloo to the Arkansas State line. Route No. 67. Beginning at Waterproof through Highland to Route No. 15 at or near Copeland Station. Route No. 68. Beginning at Harrisonburg, through Enterprise, Rosefield to Grayson on Route Fourteen. Route 69. Beginning at Thibodeaux, through Houma to Mentegut. 573 Vol. IV * Legal Materials Route 70. Beginning at Plain Dealing through Sarepta, Shongaloo, Haynes- ville, Gordon, Colquit, Summerfield to Bernice. Route 71. Beginning at Chipola, through Kentwood, Mt. Hermon, Clifton to Franklinton. Route 72. Beginning at Alexandria, through Echo, Hessmer to Mansura. Route 73. Connecting Routes 1 and 30 along Bayou Poydras through Erwinville. Route 74. Beginning near Lindsay Station on Route No. 3 to a point on Route 35, near Jackson. ... Route 75. Beginning at Robeline through Provencal and running parallel with T. & P. Ry. through Flora to Cypress connecting with Route No. 20. Route 76. From Newellton to New Light. Route No. 77. From Donaldsonville to Cut Off on the left descending bank of Bayou Lafourche. Route No. 78. From Raceland to Cut-off on the right descending bank of Bayou Lafourche. Route No. 79. From Chacahoula via Central, through Houma to Boudreaux's canal. Route No. 80. Thibodaux via Bayou Blue to Bourg. Route No. 81. From Montegut to Sea Breeze. Route No. 82. From Shriever to Central. Route No. 83. From St. Patrick on Mississippi River, through Vacherie, across Bayou Chevreuil to Thibodaux. Route No. 84. Beginning at Gilbert, through Fort Necessity, to Mason. Route No. 85. Beginning at Hineston, thence to Forrest Hill. Route No. 86. Beginning at St. Martinville, through Isle Labbe to Lake Catahoula. Route No. 87. Beginning at Port Vincent through Hobert to Oak Grove, on Jefferson Highway. Route No. 88. Beginning at Burnside, on Route 1, through Gonzales to Hobart. Route No. 89. Leaving Route 12 at Bryceland, through Mt. Lebanon, Gibsland, to Athens. Route No. 90. Beginning at Arkansas Line north of Spring Hill in Webster Parish, running south to Minden and Ringgold to Coushatta. Route No. 91. Beginning at Norwood along Y. & M. V. Railroad to Slaughter. Route No. 92. Beginning at Moreauville, via Plaucheville to Morrows. Route No. 93. Beginning at New Roads, at the intersection of Main Street and the New Roads Lane, through Oscar to Bayou Poydras Lane, thence to the West Baton Rouge line on Bayou Poydras. Route No. 94. From Lake Providence running on East side of Lake by Tyrone to connect with point No. 3 at head of Lake. Route No. 95. From intersection of Route No. 4 on East Bank of Bayou Mason to connection with Route No. 45 at or near Jackson Ferry. Route No. 96. From Enoca on point No. 3 via Omega, Milliken's Bend and Duckport to Delta Point. Route No. 97. From Tallulah to connect with group. . . . . . . . . . . . . . . . . . . . running from Enoca to Delta Point at a point West of Duckport at or near Ashley. Route No. 98. Route No. . . . . . . . . . . . . beginning at an intersection of the Grand Lake Road in Calcasieu Parish at a point immediately North of the Cameron Parish line thence East along the Cameron-Calcasieu line to the Jefferson Davis Parish line thence continuing East along the Jefferson Davis- Cameron line to a point West of Lake Arthur thence in a northeasterly direction to the town of Lake Arthur. That, in its administration and control of the State Highway System, the Commission shall assume the immediate control and maintenance of such hard 574 Vol. IV Acts of the Legislature *: surface public highways as heretofore have been constructed by parishes, road districts and municipalities, as designated in this Act, or, at the present, recog- nized by the existing State Highway Department. In addition to such presently recognized hard surfaced highways, the Commission shall recognize as of primary importance, the roads already constructed and to be constructed connecting each parish site with the parish site of each adjoining parish, as well as with commercial, shipping and seaport centers, and such other highways as are necessary to connect the Louisiana system of highways with the highway systems of adjoining States; also, when not comprehended in the above desig- nation, the presently existing main highways on both banks of navigable streams. And it shall be the duty of the Commission to undertake first the completion of said primary roads; provided that whenever the engineering difficulties, or financial cost of construction, in the opinion of the Commission, render the construction of any road inadvisable, it shall not undertake such work. Section 8. That any parish, or sub-division thereof, which, prior to the passage of this Act, shall have completed such roads therein as may be a part of the system of State highways shall be given credit for such improvement on the basis of the value thereof, at the time such road shall be adopted as a part of the said highway system, as determined by the State Highway Engineer, subject to approval by the Commission, consideration being given to the char- acter and condition of such improvement. In the case of any such road improved with State or Federal aid, or both, there shall be deducted from the value of such improvement so determined a sum equal to the ratio which the State or Federal aid, or both, expended on such improvement bears to the total initial cost thereof. The value of the improvement, as thus determined, less such deduction, if any, shall be credited, less not more than 25%, as against any sums which said parish or subdivisions thereof, may be called upon to contribute in the future for further road building therein. Section 9. That whenever the Commission shall have determined upon the construction or improvement of a State Highway or section thereof, within any incorporated city, town, or village and it is desired by such city, town, or village to construct or improve the same of a greater width or in a manner involving greater cost, or both, than required for such highway outside of such city, town, or village, the proper officials of such city, town or village may petition the State Highway Engineer for an estimate of the additional cost of constructing or improving the same as desired by such official. The State High- way Engineer shall have made an estimate of such additional cost as soon as practicable and transmit the same to the city, town, or village officials, and such officials may, by proper resolution, petition the Commission to provide the width and type of construction desired and shall appropriate their share of the cost thereof. The additional expense caused by the increased width or different type of construction, or both, shall be borne wholly by such city, town, or village. The Commission shall, if a petition therefor is filed prior to the advertisement for bids, provide for the width and type of construction described in the resolu- tion. The portion of the cost of construction to be borne by the city, town, or village, shall be deposited with the State Treasurer, when and as directed by the Commission, and the State Treasurer shall place same to the credit of the General Highway Fund for the account of said special road improvement. Section 10. That the Louisiana Commission shall plan and organize its program of construction work from year to year under a budget system, and outline the amount and nature of work to be initiated in the construction of º and bridges; the bridges over navigable streams and all maintenance WOTK. Section 11. That nothing in this Act shall affect the bonds issued under Act No. 18 of the special session of the Legislature of 1918 for the building of the New Orleans-Chef Menteur and the New Orleans-Hammond Highways, and º, bonds thus issued in principal and interest shall be paid as provided in said Act. Section 12. That whenever the Police Jury of any parish or the governing authority of any road district, city, or village in the State, shall desire that any main travelled road or roads included in the State Highway System in such parish, road district, city, town, or village be improved or constructed under 575 Vol. IV # Legal Materials the provisions of this Act it shall make written application to the State Highway Engineer for the improvement of such road and for State aid therefor. If upon receipt of such application, the State Highway Engineer shall be satisfied that the parish or other local subdivision will be able to pay its portion of the cost thereof, which shall not be assessed at more than 25%, and that State funds will be available to pay the State's portion of such cost, he shall report to the Commission, and, with the approval of said Commission, may undertake said work of improvement in accordance with the provisions of this Act, and the said State Highway Engineer, or one of his assistants, shall proceed to view said road or part thereof proposed to be improved, and make all surveys, plans, specifications, and estimates of cost for its construction out of such materials as may be decided upon by the State Highway Engineer; provided, that whenever, in the judgment of the Commission it is necessary to proceed with the improvement of any road or roads comprising the system of State Highways for the improvement of which the Police Jury or other local authorities of the political subdivision of the State in which the same is located shall have failed to make application as provided in this Section, it shall direct the State Highway Engineer to proceed with the improvement of any such road or roads, without application from the Police Jury or other local authorities, and to pay the entire cost of such improvement from the General Highway Fund and from the Federal Aid Fund made available to the State; but no further work of improvement of State Highways in such political subdivision shall be undertaken until the General Highway Fund shall be reimbursed by the political subdivision for such portion of the cost of any improvements made therein under this proviso as the Commission may determine should be paid by such sub-division, not in excess of 25%. Provided further that the funds dedicated by Act 18, of the Extra Session of the General Assembly for 1918 for the construction of that portion of routes Nos. two and thirty-three, known as the Chef-Menteur and Hammond-New Orleans State Highways, shall be considered in lieu of any and all aid that might be required under the provisions of this act from said Parishes or any sub-divisions thereof through which said roads traverse, and no additional aid shall be required by said Louisiana Highway Commission of said Parishes or any sub-divisions thereof in connection with the construction of said highways. Section 13. It shall be the duty of the Commission to organize an efficient and continuous system of inspection for the maintenance, repair, and inspection of State Highways and bridges, so that such highways and bridges shall be maintained and kept in proper condition at all times. Until such time as the Commission shall develop a maintenance organization adequate for doing the work of maintaining the State highways and bridges it may utilize for such work, and pay the cost thereof out of the General Highway Fund, the maintenance organizations of such parishes as it may deem advisable, under such terms and conditions as may be agreed upon by the Commission and the police juries of the respective parishes involved. Section 14. That the improvement of roads under the provisions of this Act shall be taken up and carried forward in the respective parishes of the State, as the Commission in its judgment may deem most desirable and advan- tageous to the entire State system; but no road district, parish, city, town, or village shall be entitled to receive aid as provided in this Act, unless, and until, a satisfactory showing shall be furnished to the Commission that the money with which to meet the portion of the cost of such improvement to be borne by the road district, parish, city, town, or village, as agreed upon by said Commission and the governing authority of such road district, parish, city, town, or village, has been deposited, or will be deposited with the State Treasurer as hereinabove provided. Section 15. That in case of damage to the State Highway System caused by flood or other disaster requiring immediate attention, or for improvements to cost $2,000.00 or less, it shall be discretionary with the Louisiana Highway Engineer to execute such work of improvement, or to allow the Parish to do the work without competition, the expense of which shall be reimbursed to the Parish, or to let the same by contract; but where the cost of the proposed improvement will exceed $2,000.00 it shall be the duty of the Louisiana 576 Vol. IV Acts of the Legislature *::: Highway Engineer to let the same by contract after advertising for bids. Such advertisement for bids shall be in accordance with such Rules and Regulations as may be adopted therefor by the Commission, and bids shall be received at such places and shall be made on such form and in such manner as may be prescribed by the said Commission. The advertisement shall be inserted, for a period of three weeks, in one or more newspapers having a circulation in the local subdivision or subdivisions where the proposed work is to be done, if in a weekly paper, for fifteen days if in a daily paper; and such advertisement shall also be published, for a period of fifteen days, in one or more daily papers of general circulation throughout the State. Such advertisement shall state the place where plans and specifications may be inspected, the place where bids will be received, and the time for opening the same. Every bid shall be accompanied by a certified check equal to five per centum of the amount of the bid, which guarantee of the bidder to whom award is made shall be forfeited to the General Highway Fund should such bidder fail to enter into contract, as required, within ten days after notice to do so from the Louisiana Highway Commission. Checks or bonds of unsuccessful bidders shall be returned to them, after contract is awarded and bond given. The Police Jury or other proper authorities of the local political subdivision of the State in which said improvement is to be made and for which bids are invited shall be notified of the time set for the opening of such bids, and, may be present at said opening of bids. The Louisiana Highway Commission may reject any or all bids; but otherwise it shall award the contract to the lowest responsible bidder, subject to approval by the Police Jury or other proper local authorities where local funds are involved. The successful bidder shall be required to furnish satisfactory bond, in such amount as may be required by the Rules and Regu- lations of the Commission. If no satisfactory bid is received, new bids shall be advertised for. Section 16. That every contract for highway improvement under the pro- visions of this Act shall be made in the name of the State of Louisiana, signed by the State Highway Engineer, approved by the Commission, and signed by the contracting party, and no such contract shall be entered into nor shall any such work be authorized which will create a liability on the part of the sº in excess of the funds available for expenditure under the terms of this ct. Section 17. That partial payments may be made on any contract for highway improvement, under the provisions of this Act, as the work progresses. Progress estimates shall be based on materials in place and labor expended thereon, but no more than 80 per cent of the contract price of the work shall be paid in advance of the full completion of such contract and its acceptance by the Louisiana Highway Commission. Section 18. That the total cost of all work of highway and bridge con- struction under the provisions of this Act, shall be paid out of the General Highway Fund. The road district, parish, city, town or village wherein such work of improvement is being, or is to be, performed shall, pay to the State such proportion of the total cost thereof as may be agreed upon between the Commission and the governing authority of such road district, parish, city, town or village wherein such work of improvement is located, but this shall not be construed to prohibit the Commission from building or improving high- ways in any particular parish or subdivision without local aid. The portion of such cost to be borne by the road district, parish, city, town or village in which said highway improvement is located, shall when, and as needed, be paid to the State Treasurer by the Treasurer of said parish upon the order of said Police Jury, or by the Treasurer of said road district, city, town or village upon the order of the Mayor or other proper governing authority, when and as directed by the Commission, and the State Treasurer shall immediately place same to the credit of the General Highway Fund for the account of said Special Road Improvement. Section 19. That the cost of constructing and maintaining bridges or other passageways over navigable streams, shall be paid wholly from the General Highway Fund. Such bridges shall be constructed over navigable streams as the Commission from time to time, may decide, provided that prior to Dec. 577 Vol. IV *: Legal Materials 1924, the bridging of the Mississippi, Atchafalaya, Ouachita and the Red rivers shall not be undertaken except by further legislative action. Pending the bridging of navigable rivers, the Commission may, when the facts and cir- cumstances and volume of travel warrant, establish, take over, control and operate, such ferries, barges, or other means of water transfer as it may deem advantageous and necessary to the public, and may prescribe and collect such ferriage charges as may be necessary to maintain such service. Section 20. That nothing in this Act shall be construed as authorizing the Commission to expend any funds of the State in building or improvement of streets or roads in incorporated cities, towns and villages, except in cases where such streets or roads form part of or connect State Highways improved, or to be improved, under the provisions of this Act. Where streets and roads in incorporated cities, or towns, connect two State Highways, or become part of the Highway System of the State under this Act, if such roads, or streets have been paved, or otherwise hard surfaced, the cost of maintenance, and of final reimbursement as contemplated for work done before such roads or streets are included in the Highway System, shall be borne by the Highway Commission and the respective cities or towns in the proportion of one half by the Highway Commission, and one half by the respective cities or towns for maintenance, except in towns under ten thousand inhabitants when the Highway Commission shall bear the whole cost of maintenance, and as provided for the parishes elsewhere in this Act for reimbursement of original costs; provided that cities or towns in which improvements or construction of streets have been borne by abutting property owners shall not be reimbursed the original cost, or present value thereof. Section 21. That the office of State Highway Engineer created by Act No. 49 of 1910, is hereby abolished, and the custody and possession of all records, files, plans, specifications, fixtures and equipment of every nature and kind belonging to or under the supervision of said office is hereby transferred to the Louisiana Highway Commission created by this Act. All outstanding contracts and obligations of said office and the rights and liabilities thereunder are hereby transferred to the Commission created by this Act. Section 22. That the Louisiana Highway Commission may purchase for use in the construction and maintenance of State Highways and bridges, all equipment and materials that may be needed for such purposes. Upon the application of the Police Jury of any Parish, or the governing authority of any road district, or the Mayor or other governing authority of any city, town, or village, said State Highway Engineer may furnish such road machinery and equipment when convenient and practicable, for use in building or repairing any road or roads in such road district, parish, city, town or village, all expense incurred thereby to be borne by the said road district, parish, city, town or village. Section 23. That the State of Louisiana, acting through the Commission, may acquire by purchase, lease, or donation, and may operate any gravel bed, shell or rock deposit, marble or granite quarry, or other natural resources or deposits susceptible of being used for the construction and maintenance of State Highways, if the needs of the State in the construction and maintenance of highways will be best served by such purchase, lease, or donation, and may pay therefor out of the General Highway Fund. Section 24. That the Louisiana Highway Commission shall have the authority to employ any and all labor necessary when performing without contract the construction or repair of State Highways and bridges. In order to further carry out the provisions of this act and provide labor sufficient to construct and maintain the State highways and bridges, as herein provided, the convicts of the State of Louisiana may be worked upon said highways and bridges. Whenever, in the opinion of the Commission, convicts can be worked advantageously upon State highways and bridges, the State Highway Engineer shall make application therefor to the General Manager of the Louisiana State Penitentiary, who may furnish such convicts in case they are available. The terms and conditions under which convicts shall be worked upon said highways and bridges shall be agreed upon between the Commission and the General 578 Vol. IV Acts of the Legislature *::: Manager of the State Penitentiary. The General Manager of the Louisiana State Penitentiary shall at all times retain control and supervision over said convicts in the same manner and to the same extent as if they were upon the State Farm or in the penitentiary walls. Section 25. That for the purpose of constructing, improving or repairing any highway or bridge under the provisions of this Act, the contractor, at the direction of the engineer in charge, may close to traffic, temporarily, any such highway or bridge, for a reasonable time, or until such work shall have been completed. In the event any such highway or bridge shall be closed to traffic, suitable barricades and signs shall be placed at each end of such section while so closed. Section 26. That it shall be unlawful for any member of the Commission or any employee thereof, or any company, corporation or firm in which any member of the Commission or employee thereof is in any way financially interested, to bid on or enter into or be in any way interested in a contract for the building or improving of any highway, bridge or other public work coming under the supervision of the Commission, or for the furnishing of any material or supplies of any kind whatsoever to be used in connection therewith, and any person convicted of so doing shall be guilty of a misdemeanor and punished by a fine not exceeding five hundred ($500.00) dollars or imprison- ment not to exceed twelve months, or both, such fine and imprisonment in the discretion of the Court, and shall be removed from his position by the Governor, in the case of a member of the Commission, and by the Commission, in the case of the State Highway Engineer or other employee of the Commission. Section 27. That in all cases where it is necessary to acquire a right- of-way, in constructing a new highway or in changing the location of an old highway embraced in the system of State Highways, the right of way therefor may be acquired by the State, road district, parish, city, town or village, either by purchase or by donation, or by expropriation, under the general laws of the State relative to expropriations of private property for public purposes, in the event the owner of said property and the Commission, representing the State, should not agree upon the price thereof. The Commission is hereby authorized and empowered to bring such expropriation proceedings in the name of the State, which said proceedings shall be tried as summarily as possible either in term time or vacation. In the event of the purchase or expropriation by the Commission, acting for the State, of such rights-of-way, the compensation therefor, as provided herein, shall be paid from the General Highway Fund. In expropriating lands for rights-of-way, the measure of damages shall be the actual value of the land taken, taking into consideration all the facts and circumstances, location, present use, destination, improvements, and etc. If any improvement of the land owner, or any crops upon the land, are damaged or destroyed by the location of such highway, then such owner may recover additional compensation for the actual injury or destruction of such improve- ment or crops. After the Commission has laid out a road over a certain tract of land and the contract therefor has been let and begun work thereon the land owner shall not be entitled to prevent or retard the construction of the road by any legal process, but shall be remitted to an action for damages. All State highways shall be of such width as shall be fixed by the State Highway Engineer. The Commission shall also have the right and authority to construct and maintain canals and ditches or drains sufficient in its judgment to properly drain any road embraced in the System of State Highways con- structed or to be constructed, through any lands of private individuals or corporations. The right-of-way for such canals and ditches may be acquired in the same manner and on the same basis of compensation as is herein provided for acquiring right-of-way for highways. Section 28. That where a highway is built across a drainage or irrigation canal which was dug by a floating dredge or may be subject to cleaning or recleaning by a floating dredge, there shall be a bridge built at such crossing of such design as will permit of quick, easy and efficient removal and replacing, to facilitate the cleaning of such canal. The same type or principal of design shall be used in the event a canal company, municipality, political subdivision, private persons, firms or corpora- 579 Voi. IV *::: Legal Materials tions builds a canal across any State or public highway. When the State builds a highway across a canal the bridge is to be paid for out of the General Highway Fund, except in cases where the owner or owners of such canal are obligated to the erection and maintenance of a bridge over the same. When the canal is built across the highway the bridge shall be paid for and maintained by the canal company, municipality or political subdivision, private persons, firms or corporations for whose account the canal is built. Section 29. That whenever a highway crosses a railroad track at grade and such grade crossing is out of repair, if it is the judgment of the Com- mission, the Police Jury or town council that the same should be repaired, the Commission, the Police Jury or town council may make such repairs and maintain the same and charge the expense thereof to the railroad company over whose road such crossing is repaired and maintained, if after fifteen days' notice in writing such railroad company neglects or refuses to repair the same. Section 30. That no State Highway shall be dug up or otherwise used for laying pipe lines, sewers, poles, wires or railways, or for other purposes, without the written permission of the Louisiana Highway Engineer, and then only in accordance with the Rules and Regulations which shall be prescribed by the Commission; and all such work shall be done under the supervision and to the satisfaction of the Louisiana Highway Engineer, and all the cost of replacing the Highway in as good condition as previous to its being disturbed shall be paid by the person to whom or in whose behalf such permission was given. Before permission shall be granted for so disturbing the State Highway, a certified check, made payable to the Commission in amount to be fixed by the Louisiana Highway Engineer, shall be furnished by the parties requesting such permission, guaranteeing that said highway will be replaced in condition satis- factory to the Louisiana Highway Engineer, and if said highway shall not be replaced in a condition satisfactory to the Louisiana Highway Engineer, he may have such work of replacement done under his direction and pay for same from the proceeds of such certified check. If there be any balance remaining after said work has been paid for, such balance shall be remitted to the party depositing said certified check. In case of immediate necessity therefor, a city, town, or village may dig up a State Highway without such permission from the State Highway Engineer; provided, that in all such cases such highways shall be forthwith placed in as good condition as before being disturbed, at the expense of such city, town, or village. No railway or trolly line shall be permitted within the right of way of any State highway, except at crossings, and no trees on any State highway shall be used or disturbed for the erection of electric light, telephone or telegraph lines. It shall be the duty of the Commission as far as possible to have the State Highways bordered with trees. Section 31. That all road districts or sub-road districts, created under the provisions of the Constitution, shall enjoy the same benefits and conditions under the provisions of this act, as are accorded other subdivisions of the State named herein. Section 32. That all accounts of the Commission shall be audited and checked by the Supervisor of Public Accounts not less than once each year, and the report of such audit shall be published in full in the next succeeding issue of the official journal of the State, and shall include the names, salaries, date and term of employment of all employees, other than ordinary laborers. Section 33. That the laboratories maintained at the Louisiana State University and Agricultural and Mechanical College shall be at the disposal of the Louisiana Highway Commission for the purpose of testing and analyzing road and bridge materials and for general experimental purposes, and it shall be the duty of those in charge of said laboratories to co-operate with and assist the Louisiana Highway Commission in all such work; provided, that the Louisiana Highway Commission is hereby authorized to make such other and further provision for testing road and bridge materials as may be deemed necessary. Section 34. That in order to provide funds for carrying out the provisions of this act, all revenues that are dedicated to the construction and maintenance of highways and bridges of the State by the Constitution or by the Legislature, 580 Vol. IV Acts of the Legislature *::: and any moneys or revenues which may be received under dedication of the Constitution or Legislature or from the Federal government, shall be paid into the State Treasury and shall constitute the General Highway Fund for the exclusive uses and purposes of this Act, except as otherwise may be provided by law, and the Treasurer is authorized to disburse same in accordance with the provisions of act. For the last half of the fiscal year ending June 30, 1922, the sum of two million, five hundred thousand ($2,500,000.00) dollars, or so much thereof as may be necessary, is hereby appropriated out of the General Highway Fund for the purpose of carrying out the provisions of this act. For the fiscal year ending June 30, 1923, the sum of five million ($5,000,000.00) dollars, or so much thereof as may be necessary, is hereby appropriated out of the General Highway Fund for the purpose of carrying out the provisions of this act. Any portion of the General Highway Fund not expended at the expiration of any fiscal year shall remain in said fund and be available for expenditure during the succeeding fiscal year or years. Section 35. That all expenditures authorized to be made from the General Highway Fund, except the salaries of Commission members, shall be paid by the State Treasurer upon warrants issued in the name of the Louisiana Highway Commission and signed by the chairman and secretary thereof. Section 36. That as soon as practicable after the taking effect of this act the Supervisor of Public Accounts, in cooperation with the Commission, shall formulate and prescribe a uniform system of road accounting for the several parishes. The Commission shall have prepared and issued all necessary forms, rules, and regulations for the installation and operation of such system of accounting and thereafter it shall be the duty of all parish, or other local officials, having charge of road and bridge funds and expenditures, to keep all accounts in accordance with the system of accounting prescribed. The Com- mission may, at such times as it may deem advisable, call upon such parish, or other local officials, having charge of road and bridge expenditures for a full and complete statement of all acts and expenditures for road and bridge purposes during the period for which such report is requested. Failure or refusal on the part of such parish, or other local officials, to comply with the provisions of this section shall be a misdemeanor punishable by a fine of not less than $10.00 nor more than $100.00 for each such failure or refusal. Section 37. That it shall be unlawful for any contractors, material dealers, individuals, or corporations, to enter into collusion, private agreement, or secret understanding to raise prices either in construction work or in supplying materials for any State highway work. Any contractor, material dealer, indi- vidual, or officer of any corporation convicted of this offense shall be guilty of a misdemeanor and shall be fined not exceeding one thousand ($1,000.00) dollars or imprisoned for a period not exceeding twelve months, or suffer both, such fine and imprisonment in the discretion of the court. Section 38. That for the purpose of this act, necessary bridges, culverts, and appertaining structures on any State Highway shall be considered a part of such highway. Section 39. That the Commission shall establish and make public procla- mation of such rules and regulations, not inconsistent with the provisions of this Act, as it may deem necessary for the conduct of the work of the Commission. Section 40. That the State Highway Engineer is hereby commissioned a peace officer, and is clothed with full authority as such to report any violations of the Act licensing motor and other vehicles as well as violations of the Act regulating traffic on State Highways, and to make proper affidavits before the duly constituted authorities against any persons violating any of the provisions of said Acts. He may also, for the purpose above mentioned, deputize and commission such employees of the Louisiana Highway Commission as he sees fit. Section 41. The terms “construction”, or “maintenance” as used in this act shall be construed to include “resurfacing.” The term “Commission” where used 581 Vol. IV : Legal Materials in this act shall be construed to mean the “Louisiana Highway Commission” created by this act. Section 42. That should any provisions of this act be declared by the Courts to be unconstitutional, it shall not have the effect of invalidating or making inoperative any other provisions of this act. Section 43. That all laws or parts of laws in conflict with, or contrary to, the provisions of this act, be and the same are hereby repealed. ACT |09 OF 1921 E.S. AN ACT To provide an annual revenue for the State of Louisiana, by the levying of annual taxes upon all property not exempted from taxation; fixing the rates; and setting forth the purposes for which said levy is made; and prescribing the method of assessing and collecting the same; and enforcing the payment thereof. Section 1. Be it enacted by the Legislature of Louisiana, That for the calendar year one thousand nine hundred and twenty-two (1922), A. D., and each succeeding calendar year, there are hereby levied for State purposes, annual taxes amounting in the aggregate to five and one-quarter mills (.005%) on the dollar of the assessed value of all property situated within the State of Louisiana, except such as is especially exempted from taxation by law, and all property subject to taxation shall be assessed for State purposes, as herein provided, at actual cash value. Section 2. That the term “property” as herein used shall embrace and include every form, character and kind of property, real, personal, and mixed, tangible and intangible, corporeal and incorporeal, and every share right, title or interest therein or thereto, and every right, privilege, franchise, patent, copy- right, trade-mark, certificate, or other evidence of ownership or interest; bonds, notes, judgments, credits, accounts, or other evidence of indebtedness, and every other thing of value, in possession, on hand, or under the control, at any time during the calendar year for which taxes are levied, within the State of Loui- siana, of any person, firm, partnership, association of persons, or corporation, foreign or domestic, whether the same be held, possessed, or controlled, as owner, agent, pledgee, mortgagee, or legal representative, or as president, cashier, treas- urer, liquidator, assignee, master, superintendent, manager, sequestrator, receiver, trustee, stake-holder, depository, warehouseman, keeper, curator, executor, ad- ministrator, legatee, heir, beneficiary, parent, attorney, usufructuary, mandatory, fiduciary, or other capacity, whether the owner be known or unknown. Section 3. That there shall be exempt from taxes levied by this act all property which is declared to be exempt from taxation by Section 4 of Article X of the constitution of 1921, and no other; but all real estate, exempt as well as taxable, shall be valued at actual cash value, listed on the assessment rolls and submitted to the Louisiana Tax Commission. Section 4. That the said annual taxes hereby levied for the calendar year one thousand nine hundred and twenty-two (1922), and each succeeding calendar year, are for the following purposes, to-wit: First. One and fifteen hundredths (1.15) mills on the dollar, to be known as the “State Bond and Interest Tax Fund,” for the following purposes: a. To pay the interest on the new serial gold bonds of the State of Loui- siana, authorized by Article 324 of the constitution of 1913, and by Article XXII, Section 1, paragraph 5, of the constitution of 1921, and the gradual retirement of said bonds, in accordance with the afore-mentioned articles. b. To pay the interest on the “Free School Fund,” as provided by Article XII, Section 19, of the constitution of 1921. 582 Vol. IV Acts of the Legislature *::: c. To pay the interest on the “Seminary Fund,” as provided by Article XII, Section 20, of the constitution of 1921. d. To pay the interest on the “Agricultural and Mechanical College Fund,” as provided by Article XII, Section 21, of the constitution of 1921. Provided, That when the revenue collected from the foregoing levy shall exceed the sum of seven hundred thousand dollars ($700,000), in any one year, the State Auditor and the State Treasurer are hereby authorized and directed to transfer the excess over said amount to the “General Fund.” Second. Two and fifty hundredths (2.50) mills on the dollar authorized by Section 14 of Article XII of the constitution of 1921, to be known as the “Public School Fund,” and to be used for the support of the public schools of the State: Provided, that out of the portion of said taxes collected in the city of New Orleans, fifty thousand dollars ($50,000) shall be paid annually to the Isaac Delgado Trade School. Third. Seventy-five hundredths (0.75) of one mill on the dollarſs] author- ized by Section 3 of Article XVIII of the constitution of 1921, to be known as the “Confederate Veteran Fund,” to provide pensions for Confederate Veterans and their widows; Provided, that should the revenues collected from this levy in any one year exceed the amount necessary to provide such pensions as may be allowed by law to Confederate Veterans and their widows under the authority of the aforementioned article, the excess over such amount shall be transferred to the “General Fund.” Provided, further, that this tax shall be assessed and collected without charge. Fourth. Thirty-two hundredths (0.32) of one mill on the dollar to be known as the “General Engineer Fund,” for the maintenance and repair of levees. Fifth. Fifty-three hundredths (0.53) of one mill on the dollar, to be known as the “General Fund,” for the following purposes: a. To carry on and maintain the government of the state and the public institutions thereof. b. To suppress insurrection, repel invasion or defend the state in time of W3T. c. To preserve the public health. d. To establish markers or monuments commemorative of the services of Louisiana soldiers. e. To maintain a memorial hall in New Orleans for the collection and preservation of relics and memorials of wars. Section 5. That in addition to the taxes levied in the amount and for the purposes designated in the foregoing sections of this act there is hereby levied for the calendar year one thousand nine hundred and twenty-two (1922), A. D., and each succeeding calendar year, for State purposes, to be paid into the General Fund, an annual tax of twenty-five mills (.025) on the dollar of the assessed valued of all rolling stock of non-resident persons, firms, partnerships, com- panies, associations or corporations, having no domicile in the State of Louisiana, operated over any railroad in the State of Louisiana within or during any year for which such tax is levied; and the term “rolling stock” as used herein shall include any kind of locomotive, car or sleeping car used for freight or passenger purposes that may be so operated over any railroad within the State. Section 6. That the rolling stock of persons, firms, partnerships, companies, associations or corporations subject to the additional tax levied by the foregoing section shall be assessed at actual cash value by the Louisiana Tax Commission upon an assessment roll to be prepared by it, and the taxes levied by Section 1 and Section 5 of this act shall be extended upon such roll by the said Louisiana Tax Commission. Such roll shall be made in triplicate, and it shall be the duty of the Louisiana Tax Commission, on or before the first day of October of each year, to file one copy thereof with the Auditor of Public Accounts of the State of Louisiana and one copy with the Sheriff and Ex-Officio Tax Collector of the 583 Vol. IV *::: Legal Materials Parish of East Baton Rouge, retaining one copy in its office. The correctness of the several copies of such roll shall be duly certified by the Louisiana Tax Commission. Section 7. That it shall be the duty of the Sheriff and Ex-Officio [sic.] Tax Collector of the Parish of East Baton Rouge to collect the taxes extended upon the roll so made and filed in his office by the Louisiana Tax Commission, and make setttlement with the State Auditor and State Treasurer as provided by law for other State taxes collected by him. Section 8. That all of the provisions of Act No. 9 of the Extra Session of the General Assembly of 1917 relating to the assessment and taxation of rolling stock of persons, firms, partnerships, companies, associations or corporations, whether domiciled within or without the State of Louisiana, in so far as they may be applicable hereto and not inconsistent herewith, shall be and remain in full force and effect. Section 9. That all existing laws and parts of laws relating to the assess- ment, levy, review, equalization and collection of taxes, and procedure for the enforcement of the same, not inconsistent herewith, are hereby declared to be and shall remain in full force and effect; and all laws or parts of laws in conflict herewith are hereby repealed. ACT 106 OF 1922 A JOINT RESOLUTION Proposing an amendment to Article XVI, Section 7, of the Constitution of the State of Louisiana relative to the construction and maintenance of levees and embankments along, over, and in the bed of Lake Pontchartrain, etc., by the Board of Levee Commissioners of the Orleans Levee District. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of all the members elected to each House concurring, That the following amendment to Section 7 of Article XVI of the Constitu- tion of the State of Louisiana be submitted to the electors of the State at the next Congressional Election to be held on the first Tuesday after the first Mon- day in November, 1922, to-wit: (a) The Board of Levee Commissioners of the Orleans Levee District shall, except as otherwise herein changed and amended, have and exercise all the powers now conferred by the Constitution or Statutes upon them. Said Board shall have full power to construct, maintain, extend, and improve levees, em- bankments, seawalls, jetties, and other works along, over, and in the bed of Lake Pontchartrain at such distances, not to exceed 2500 feet, from the present shore line as the said Board may determine, and along and on the shores ad- jacent to said lake, and along the canals connection therewith, and such other places in the Parish of Orleans, and the adjacent parishes as said Board may determine, said levees, embankments, seawalls and other works to be of such character and extent and of such height, width, slope, design and material as said Board may decide, with power and authority to improve and to protect said levees, embankments, and other works with such buildings, revetments, seawalls and retaining walls and all other structures as may be deemed neces- sary and proper; (b) To enable said Board to perform such work, and to assist in defraying the expenses thereof, the State of Louisiana hereby grants and releases to the said Board the title of the State to all lands within any levees, embankments, retaining walls, and seawalls constructed hereunder, and hereby releases said lands from any public trust and authorizes the said Board to reclaim, sell, lease, or otherwise dispose of such portions of said lands and any other property acquired for the purposes of said improvements as the said Board may deem proper, provided none of such lands shall be sold by said Board at a price less than Thirty cents for each square foot. The said Board is hereby granted the right of way over, and use of any public lands and property necessary for the 584 Vol. IV Acts of the Legislature º: purposes hereof; provided, however, that there shall be reserved and dedicated forever for public park and for beach purposes a space of not less than 1000 feet in depth along the entire lake front of said improvements. (c) Said Board may also acquire by donation, purchase, expropriation or appropriation without further legislative authority all private lands or other property in the Parish of Orleans and adjoining parishes as may be necessary for any of the purposes of said Board, or of the said improvements, and to improve, or cause the same to be improved, and may pay therefor in the same manner as the said Board now pays for property taken by it on the Mississippi river front in the Parish of Orleans. Section 2. Be it further resolved, etc., That on the official ballot to be used at said election shall be placed the words “For the proposed amendment of Section 7, Article XVI, of the Constitution of the State of Louisiana” and the words, “Against the proposed amendment of Section 7, of Article XVI of the Constitution of the State of Louisiana” and each elector shall indicate his vote on the proposed amendment as provided in the general election laws of the State. ACT 67 OF 1924 [This act was incorporated into the Revised Statutes of 1950, 34:201-34:212. Act 389 of 1950 amended R.S. 34:209.-Ed.] Section 1. Be it enacted by the Legislature of Louisiana, That the Lake Charles Harbor and Terminal District is hereby created as a political subdivi- sion of the State of Louisiana and its territorial limits are hereby fixed as follows: Beginning in Calcasieu Parish, State of Louisiana, at the corner common to sections thirteen (13), fourteen (14), twenty-three (23), and twenty-four (24) in township nine (9) south, range eight (8) West, thence west ten (10) miles on the section line between sections fourteen (14) and twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) and twenty-one (21), seventeen (17) and twenty (20), and eighteen (18) and nineteen (19) in said township nine (9) south, range eight (8) West, and on the line between sections thirteen (13) and twenty-four (24), fourteen (14) and twenty-three (23), fifteen (15) and twenty-two (22), sixteen (16) and twenty-one (21) and seventeen (17) and twenty (20) in township nine (9) south, range nine (9) West to the corner common to sections seventeen (17), eighteen (18), nineteen (19) and twenty (20) in township nine (9) south, range nine (9) West; thence south five (5) miles on the section line between sections nineteen (19) and twenty (20), twenty-nine (29) and thirty (30) and thirty-one (31) and thirty-two (32) in said township nine (9) south, range nine (9) west, and on the line between sections five (5), six (6), seven (7), and eight (8), to the corner common to sections seven (7), eight (8), seventeen (17) and eighteen (18) in township ten (10) south, range nine (9) West; thence west one (1) mile; thence south one (1) mile; thence west one (1) mile to the corner common to sections thirteen (13), fourteen (14), twenty-three (23) and twenty- four (24) in township ten (10) south, range ten (10) West; thence south nine (9) miles on the section line between sections twenty-three (23) and twenty-four (24), twenty-five (25) and twenty-six (26), thirty-five (35) and thirty-six (36) in said township ten (10) south, range ten (10) West, and on the line between sections one (1) and two (2), eleven (11) and twelve (12), thirteen (13) and fourteen (14), twenty-three (23) and twenty-four (24), twenty-five (25) and twenty-six (26) and thirty-five (35) and thirty- six (36) in township eleven (11) south, range ten (10) west, to corner com- mon to sections thirty-five (35) and thirty-six (36) in township eleven (11) south, range ten (10) West, and sections one (1) and two (2) of township twelve (12) south, range ten (10) West; thence east along the south boundary line of the Parish of Calcasieu three miles to a point in Calcasieu Lake, thence north eight (8) miles, between sections thirty-two (32) and thirty-three (33), twenty-eight (28) and twenty-nine (29), twenty (20) and twenty-one (21), sixteen (16) and seventeen (17), eight (8) and nine (9), four (4) and five 585 Vol. IV ſ: Legal Materials (5), in township eleven (11) south, range nine (9) West, and on the line between sections thirty-two (32) and thirty-three (33), twenty-eight (28) and twenty-nine (29), in township ten (10) south, range nine (9) West, to the corner common to sections twenty (20), twenty-one (21), twenty-eight (28) and twenty-nine (29) in township ten (10) south, range nine (9) West; thence east seven (7) miles on the section line between sections twenty-one (21) and twenty-eight (28), twenty-two (22) and twenty-seven (27), twenty-three (23) and twenty-six (26), twenty-four (24) and twenty-five (25), in township ten (10) south, range nine (9) West, and on the line between sections nineteen (19) and thirty (30), twenty (20) and twenty-nine (29), twenty-one (21) and twenty-eight (28), to the corner common to sections twenty-one (21), twenty- two (22), twenty-seven (27) and twenty-eight (28), in township ten (10) south, range eight (8) West; thence north two (2) miles on the section line between sections twenty-one (21) and twenty-two (22) and fifteen (15) and sixteen (16) to the corner common to sections nine (9), ten (10), fifteen (15) and sixteen (16) in township ten (10) south, range eight (8) West, thence east two (2) miles on the line between sections ten (10) and fifteen (15), eleven (11) and fourteen (14) to the corner common to sections eleven (11), twelve (12), thirteen (13) and fourteen (14); thence north five (5) miles on the line between sections eleven (11) and twelve (12), one (1) and two (2) in township ten (10) south, range eight (8) west, on the line between sec- tions thirty-five (35) and thirty-six (36), twenty-five (25) and twenty-six (26), twenty-three (23) and twenty-four (24) in township nine (9) south, range eight (8) West, to the point of beginning at the corner common to sections thirteen (13), fourteen (14), twenty-three (23) and twenty-four (24) in township nine (9) south, range eight (8) West. Section 2. That the governing authority of said district is hereby declared to be a Board of Commissioners to be appointed by the Governor of the State of Louisiana to be known as the “Board of Commissioners of Lake Charles Harbor and Terminal District.” Said board shall consist of five members who shall be citizens of the United States, and qualified voters and taxpayers within the limits of said district during their term of office. One of said commissioners shall be appointed for a term of two years, two for four years and two for six years. At the expiration of their respective terms of office their successors shall be appointed by the Governor for a period of six years each. All vacancies shall be filled by appointment by the Governor. Any commissioner may be removed by the Governor but only for cause and on charges preferred against him in writing and after public hearing and proof of the sufficiency of such charges; provided that any commissioner so removed shall have the right to test in the courts the sufficiency of said charges and of the evidence tendered in support thereof. The commissioners shall serve without compensation and shall have the power to organize and reorganize legal, executive, engineering, clerical and other departments and forces of said board and to fix the duties, powers and compensation of all officers, agents and employees under said board. Section 3. The said board shall have the power to regulate the commerce and traffic of said harbor and terminal district in such manner as may in their judgment be best for the public interest; they shall have and enjoy all the rights, privileges and immunities granted to corporations in Louisiana; they shall be empowered to own and have charge of, to administer, contract, operate and maintain wharves, warehouses, landings, docks, sheds, belt and connecting railroads, canals, basins, locks, elevators, and other structures and facilities necessary or proper for the use and development of the business of such district, including buildings and equipment for the accommodation of passengers and in the handling, storage, transportation and delivery of freight, express and mail; to maintain proper depths of water to accommodate the business of said district; to provide mechanical facilities and equipment for use in connection with such wharves, sheds, docks, elevators, warehouses and other structures; to provide light, water and police protection for said district and for all harbor and terminal facilities situated therein; to make reasonable charges and collect the same for the use of all structures, works and facilities administered by said board and for any and all services rendered by said board; 586 Vol. IV Acts of the Legislature º: to regulate reasonably the fees and charges to be made by privately owned wharves, docks, warehouses, elevators and other facilities within the limits of said district when the same are offered for the use of the public. All buildings, railroads, wharves, elevators and other structures, equipment and facilities herein referred to are hereby declared to be works of public im- provement and title thereto shall vest in the public. Section 4. Said board shall elect from among its own members a Presi- dent, Vice-President, a Secretary and a Treasurer, whose duties shall be those usual to said offices. At the option of the board, the offices of Secretary and Treasurer may be held by one person. The board shall meet in regular session once each month and shall also meet in special session as often as the Presi- dent of the board shall convene them or on written request of three members. Three members of the board shall constitute a quorum. The board shall pre- scribe rules to govern its meetings, shall maintain suitable offices in the City of Lake Charles and may contract with and employ attorneys, clerks, engi- neers, deputy commissioners, superintendents, stevedores and other agents and employees and shall fix their compensation and term of employment. Section 5. It shall be the duty of said board of commissioners to examine and investigate all questions relating to the interest and welfare of said dis- trict; to control and regulate the same, subject to the provisions of this Act and annually to make a report to the Governor of the State of Louisiana show- ing all receipts and disbursements of said board, the number of arrivals and departures of vessels and crafts and their tonnage, the exports and imports passing through said port district and setting forth the general condition of said district and its buildings, structures, facilities and other properties and making such recommendations for the development and welfare of the dis- trict and its management as to said board may seem advisable. A copy of said ë. shall be promptly published in a newspaper printed in the City of Lake 8PIeS. Section 6. Said board is hereby authorized to acquire by purchase, do- nation, expropriation or otherwise any and all lands in said district needed for railways, warehouses, docks, wharves, sheds, buildings and other facilities of said district owned and operated by said board and to provide for the pay- ment of such land out of the funds under their control not otherwise specially appropriated. Section 7. Said board is hereby authorized to make or construct any of the works of public improvement in said district and anything in connection therewith that may be necessary or useful for the business of said board; to purchase machinery or materials and equipment for performing such work and to supervise the making of the same, or to make and construct such works through contracts with others and generally to do all other acts necessary or proper to carry out the powers hereby vested in them with regard to such works of public improvements. Section 8. That whenever any work is to be let by contract under the provisions of this Act the price of which shall exceed one thousand dollars the board of Commissioners shall proceed to provide through its engineering depart- ment proper specifications for said work and thereafter said board shall adver- tise for bids for the performance of such work according to the plans and specifications as prepared. Such advertisements shall appear not less than three times during a period of fifteen days in a newspaper published in the City of Lake Charles and in any other paper, or papers, that may be selected by said board. Such advertisements shall state the place where the bids will be re- ceived, the time and place where they will be opened and a general outline of the work to be performed. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five per cent. of the amount of the bid, which check shall be forfeited to the board of commissioners should the bidder to whom such contract is awarded fail to enter into such contract within ten days after written notice so to do is given by said board. The checks of all unsuccessful bidders shall be returned after the contract is awarded. All bids so submitted shall be sealed and addressed to the Board of Commissioners of 587 Vol. IV A e fl. Legal Materials said district and shall be publicly opened and read at the time stated in the advertisements. The board shall have the right to reject any and all bids, but whenever a contract is awarded, unless for cause, it shall be awarded to the lowest responsible bidder. The said board may also proceed to execute said work within its own force and its own equipment and under its own supervision. Where contracts are let to others, however, the bidders shall be required to furnish bond of a surety company authorized to do business in Louisiana or other good and solvent surety to the satisfaction of said board in an amount equal to one-half of the amount of the contract, conditioned that such work shall be performed in accordance with the plans and specifications and the terms of such contract and containing such other stipulations, provisions and covenants as may be required by said board. The awarding of a contract by the board to a successful bidder shall be binding upon both even though for some cause the actual contract could not be signed. Section 9. Said board of commissioners is hereby authorized and empowered to charge a reasonable fee to each vessel arriving in ballast or carrying cargo of any kind. They may also charge for each copy of any certificate issued by such board or their deputies for inspecting hatches, surveying cargoes and the like. The master of each vessel shall, however, be furnished free one copy of all surveys upon his vessel or cargo. Said board shall have the right when necessary to levy annually an ad valorem tax not to exceed two and one-half mills on the Dollar on the property situated in said district and subject to taxation. All funds derived under this section shall be used to defray the administrative, operative and maintenance expenses of said board. Said board shall likewise have the right to borrow money for said purposes from time to time and to issue certificates of indebtedness therefor to be secured by any fees authorized under this Act and by any taxes authorized under this section, provided that such loans shall in no year exceed the estimated revenues for such year. Section 10. Said board is hereby authorized to incur debt and issue nego- tiable bonds for acquiring lands for the uses of said district and provide funds for the making and construction of the public works and improvements title to all of which shall be in the public and for public purposes outlined in this Act when authorized so to do by a vote of a majority in number and value of the property tax payers of said district qualified to vote under the Constitu- tion and laws of Louisiana who vote at an election held for the purpose in accordance with law. Said board is hereby authorizd upon its own initiative to call a special election and submit to the qualified tax paying voters of said district the question of incurring such debt and issuing such negotiable bonds. Said board shall call such special election when requested so to do by petition in writing signed by one-fourth of the property tax payers in number eligible to vote at such election. All such elections shall be called and held in accordance with the laws of the State authorizing and governing elections for such purposes for other political subdivisions of the State which are authorized to incur debt and issue bonds of like character. The provisions of such laws shall govern and control all elections held hereunder in so far as the same may be applicable thereto. All proceedings for the issuance and sale of said bonds shall likewise be conducted in accordance with the laws of the State authorizing the issuance and sale of bonds of other political subdivisions of the State and particularly in accordance with the provisions of Act No. 46 of the Legislature for the extra session of 1921, as it now exists or as it may hereafter be, amended. - Section 11. Said board shall levy annually on all property situated within said district subject to taxation such special taxes as may be necessary to provide for the payment of principal and interest on the bonds authorized to be issued under this Act. 588 Acts Acts of the Legislature Vºl. Such special taxes shall be levied, assessed and collected on the property within the district under the same methods, terms and conditions and at the same time as state and parish taxes are levied, assessed and collected; such taxes shall be secured by the same liens upon the property subject to taxation within the district as taxes for state and parish purposes; the property subject to any taxes within said district shall be sold for failure to pay the same in the same manner as property is sold for delinqunt state, parish and other taxes under the laws of the State. Section 12. That all the articles and provisions of the Constitution of Louisiana and all laws in force or that may hereafter be enacted regulating and relating to the collection of taxes and the creating of tax liens and mort- gages and tax penalties and tax sales shall also apply to and regulate the col- lection of all taxes authorized by this Act and the sheriff and ex-officio tax collector for the Parish of Calcasieu shall make a monthly settlement with the treasurer of said board of commissioners and receive from him a receipt for the amount of such taxes paid over in the same manner as tax collectors are required to settle with the Auditor of the State of Louisiana. The said tax collector shall receive from said Treasurer the same quietus for a full settlement of taxes due and exigible in any given year and account for the delinquents or deductions in the same manner as though accounting to the Auditor of the State of Louisiana for state taxes. The sheriff and ex-officio tax collector shall retain from all taxes collected by him for said district the commission thereon allowed him by law on special taxes and shall deposit such commission with the parish treasurer to the credit of the sheriff's salary fund. Upon failure of such tax collector to comply with the provisions of this Act the said board of commissioners shall have authority, and it shall be their duty, to proceed against the said sheriff and tax collector and the sureties on his official bonds as such for the collection of whatever money may be owing to said board of commissioners for such special taxes. Section 13. This Act shall go into effect and become operative when the amendment to the Constitution of Louisiana proposed by the Legislature of 1924, empowering the Legislature to create port, harbor and terminal districts as political subdivisions of the state possessing full corporate powers, shall have been ratified. Section 14. That if any section, part of section, clause or provision of this Act shall be held unconstitutional or for any reason shall be held void, or if more than one section, clause or provision of this Act shall be held void or unconstitutional by the courts of the State such holdings shall not have the effect of nullifying any of the remaining provisions of this Act, but the parts hereof not so held to be void or unconstitutional shall remain in full force and effect. Section 15. That all laws and parts of laws in conflict or inconsistent here- with be and the same are hereby repealed. ACT 244 OF 1924 (See New Orleans Studies, Volume Four. p. 411.) ACT 45 OF 1926 AN ACT To empower the Board of Commissioners for the Pontchartrain Levee District to issue Certificates of indebtedness under certain conditions. Section 1. Be it enacted by the Legislature of Louisiana, That the Board of Commissioners for the Pontchartrain Levee District shall have authority for the purpose of meeting its contractual obligations for any levee work heretofore or hereafter undertaken by it, and whether completed or in process of construc- 589 Vol. IV ſ: Legal Materials tion, when so undertaken under and with the approval of the Board of State Engineers, to anticipate in advance of their availability through the existing process of law their annual revenues, and to issue, based upon said anticipated revenues, certificates of indebtedness or warrants, with or without attached coupons, which certificates shall bear interest at the rate of not more than six per centum (6 per cent) per annum from the date of issue to the date of payment, and shall mature not longer than ten years from the date of their issue. Section 2. That the said Board of Commissioners shall have the authority to issue Certificates of Indebtedness, in the manner provided in Section 1 for new works in levee construction when such work will have been approved by the Board of State Engineers; provided, the proportion of the annual revenues which are to be dedicated to the retirement of said certificates of indebtedness or warrants provided for in this section shall be set forth in each issuance allotted to any special undertaking; and provided, further, that no certificates of indebted- ness or warrants shall issue in any one year payable out of the revenues or estimated revenues of any specified year, which, with principal and interest payable in such year, be in excess of eighty per centum (80%) of the annual revenues or estimated revenues, of the year preceding that in which the certifi- cates shall be issued. Section 3. That the Certificates of Indebtedness or warrants which may be issued under Sections 1 and 2 shall be negotiable and payable at the option of the Board of Commissioners, and shall not be liable for any equities on the contracts for which said certificates are issued. Section 4. That all laws or parts of laws in conflict herewith are hereby repealed. ACT 3 OF 1927 E.S. A JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana to authorize the City of New Orleans to issue bonds for the purpose of con- structing and extending its sewerage, water and drainage systems; to provide for the payment of principal and interest of said bonds, prescribing the duties and functions of the Sewerage and Water Board, the Board of Liquidation, City Debt, and of the Commission Council of the City of New Orleans with reference to said bonds, and providing for the submission of said amendment to the electors of the State for their approval or rejection. Be it enacted by the Legislature of Louisiana, two-thirds of all members elected to each house concurring, that subject to the ratification and approval of the electors of the State, the Constitution of the State be amended by incor- porating therein the following provisions, to-wit; Section 1. The City of New Orleans by a vote of three-fourths of all members of the Sewerage and Water Board of New Orleans, approved by a vote of three-fourths of all the members of the Board of Liquidation, City Debt, and approved by resolution of the Commission Council, or its successor as the governing body of said municipality, adopted by a vote of two-thirds of all the members of said Council, or governing body, shall have power and is hereby authorized to issue bonds to the amount of Nine Million Dollars ($9,000,000.00) of said City, to be styled “City of New Orleans, Sewerage, Water and Drainage Serial Gold Bonds”, and to bear such rate of interest as the Board of Liquidation, City Debt, may fix from time to time as said bonds are offered for sale, as hereinafter provided, for the purpose of constructing and extending the sewerage, water and drainage system of said City. Section 2. At the request of the Sewerage and Water Board made by resolution adopted by the vote of three-fourths of all the members of said Board, the City of New Orleans may also issue and negotiate similar bonds when authorized by a vote of a majority in number and amount of the property taxpayers who shall have been assessed for property in said City as shown by 590 Vol. IV Acts of the Legislature º: the last assessment made prior to the submission of the proposition to said property taxpayers, and who are otherwise qualified to vote under the Consti- tution and laws of this State, voting at an election called by ordinance adopted by a vote of two-thirds of all the members of the Commission Council or its successor as the governing body of said City of New Orleans, which ordinance, before such election is ordered, shall also be adopted by a vote of three-fourths of all the members of the Board of Liquidation, City Debt. Said election shall be called, held and conducted in such manner as said ordinance shall prescribe; provided, however, that due notice of said election shall be published for thirty days in the official journal of said City (four weekly insertions of said notice constituting a publication for thirty days, provided thirty days intervene between the date of the first insertion and the date of said election). No bonds shall be issued under the provisions of this section except for sewerage, water and drainage purposes in the City of New Orleans, nor in any greater amount than that stated in the submission of the proposition to said taxpayers. The bonds issued under the provisions of this amendment together with all bonds then outstanding issued under Act 6 of 1899 and Act 19 of 1906, as amended by Act 116 of 1908, shall never exceed five per centum of the assessed valuation of the taxable property of the City of New Orleans according to the last com- pleted assessment for city taxation, and all bonds issued under this amendment shall be included in the limitation of outstanding bonds of the City of New Orleans for all purposes as prescribed by Section 13 of Act No. 4 of the Legis- lature of Louisiana of the year 1916. Section 3. The full faith and credit of the City of New Orleans are pledged for the payment of the principal and interest of all bonds issued under this amendment. There shall be applied in payment of the principal and interest of the bonds issued under this amendment, unless and until by constitutional au- thority same shall be devoted to other purposes, all that surplus in each year, up to the year 1942, of the Public Improvement Fund, as established by Act No. 6 of the Legislature of Louisiana of the year 1899, which shall accrue and be payable to the Sewerage and Water Board of New Orleans under and in accordance with paragraph (b) of Section 8 of Act No. 4 of 1916 (Section 24 of Article XIV of the Constitution of Louisiana), as amended by Act No. 182 of the Legislature of Louisiana for the year 1924, adopted as an amendment to the Constitution of Louisiana at the General Election held November 4, 1924; being that surplus, or amount, remaining in each year in said Public Improve- ment Fund and, consisting of the proceeds of the one-half of the surplus of the one per cent. debt tax, levied under Act No. 110 of the Legislature of Loui- siana for the year 1890, and the two mill special tax, levied under said Act No. 6 of 1899, after providing or paying, in each year, the interest on the Public Improvements Bonds, authorized by Act No. 19 of the Legislature of Louisiana for the year 1906 as amended by Act 116 of 1908; provided, however, that nothing herein contained shall authorize said two mills special tax to be levied after January 1, 1942; and provided, further, that nothing herein contained shall affect the levy of said one per cent. debt tax in accordance with existing laws. After providing for the principal and interest of the bonds issued under the provisions of this amendment and after such reservation as may be made by the Board of Liquidation, City Debt, in its discretion, to insure the prompt and regular payment of interest and installments of principal on the bonds issued under this amendment, the residue shall be used by the Sewerage and Water Board for construction purposes in constructing and extending the public system of sewerage, water and drainage. Section 4. If the funds derived from the sources aforesaid shall prove insufficient in any year to pay the interest of the bonds issued under this amendment and then outstanding and the installment of principal then due, or if, for any cause, there shall not be funds appropriated to or available for such purposes, the City of New Orleans shall levy a tax on all taxable property in said City sufficient to provide for such deficiency. If the aforesaid revenues shall be diverted to other purposes, in the manner herein provided, and, in any event when the aforesaid one per cent, debt tax shall wholly cease to be available because of prior dedication, or when said one per cent, debt tax and 591 Vol. IV ; Legal Materials said two mill tax shall cease to be levied, the City of New Orleans shall levy a tax on all taxable property in said City sufficient to pay the principal and interest of said bonds as they respectively become due. Section 5. The principal and interest of all bonds authorized by this amendment shall be payable in gold coin of the United States of America, or its equivalent, of the standard of weight and fineness at the time of issuance of each installment of said bonds. Said bonds shall be exempt from all taxation for state, parish, municipal or other local purposes. Savings banks, tutors of minors, curators of interdicts, trustees and other fiduciaries may invest the funds in their hands in said bonds. Said bonds may be used for deposit with any officer, board, municipality or other political subdivision of the State of Louisiana in any case where, by present or future laws, deposit or security is required. Said bonds may be registered and released from registry under such rules as the Board of Liquidation, City Debt, may prescribe. Section 6. All bonds issued under this amendment shall bear such rate of interest, or, from time to time different rates of interest, and shall, except as herein otherwise especially provided, be in such form, terms and denomina- tions, and payable at such times and places within a period of not exceeding fifty years from the date thereof, as the Board of Liquidation, City Debt, shall determine. Said bonds shall be issued in serial form and shall be payable in annual installments commencing not more than two years from their respective dates, and the installments payable in each year shall be so fixed that when the annual interest is added thereto the several annual total amounts of prin- cipal and interest to be paid, shall be as nearly equal as practicable; provided said installments may be fixed at $5,000.00 or the nearest multiple, and pro- vided that the last installment may, at the option of the Board of Liquidation, City Debt, be any amount less than the next preceding installment. Said bonds shall be signed by the Mayor and Commissioner of Public Finance of the City of New Orleans or persons exercising similar functions, and countersigned by the President or Vice-President and the Secretary or Assistant Secretary of the Board of Liquidation, City Debt, and the coupons attached to said bonds shall bear the facsimile signatures of said Commissioner of Public Finance and said Secretary or Assistant Secretary. In case any such officer whose signature or countersignature appears upon such a bond or coupon, shall cease to be such officer before delivery of said bond or coupon to the purchaser, such signature or countersignature shall, nevertheless, be valid for all purposes. The cost of preparing and selling said bonds shall be paid by the Board of Liquidation, City Debt. Section 7. All bonds issued under this amendment shall be sold by the Board of Liquidation, City Debt, to the highest bidder or bidders on sealed proposals, after due advertisement of not less than five insertions in the official journal of the City of New Orleans (the first insertion to be at least fifteen days prior to the date of sale), and such other advertisements in said City or else- where, as said Board of Liquidation, City Debt, may in its discretion direct, provided said Board of Liquidation, City Debt, may reject any and all bids. Section 8. The proceeds of all sales of bonds under the provisions of this amendment shall be held by the Board of Liquidation, City Debt, and paid over on the warrant of the Sewerage and Water Board in the manner and under the conditions provided in said Act No. 6 of the Extra Session of 1899 and the amendments thereof, and shall be used exclusively for construction and exten- sion of the sewerage, water and drainage system of the City of New Orleans in such proportions as the Sewerage and Water Board may determine, free from the limitations fixed in said Act. Section 9. The Board of Liquidation, City Debt, as now organized and created, and with the powers, duties and functions prescribed by existing laws and by this amendment, shall be continued while any bonds authorized by this amendment are outstanding and unpaid, and all taxes which may be levied for the payment of said bonds, shall day by day as collected, be paid over to said Board and shall by it be applied in payment of the principal and interest. of said bonds; and said Board shall with respect to all bonds authorized by 592 Vol. IV Acts of the Legislature *; this amendment, be entitled to exercise all the rights and enforce the performance of all the obligations, the same as it is authorized to do under laws existing at the time of the adoption of this amendment with respect to any of the presently outstanding bonds of said City of New Orleans. Section 10. The provisions hereof are self-operative and the City of New Orleans and the several boards and bodies herein referred to, shall carry the same into effect. Be it further enacted, etc. that the amendment proposed by this Act shall be submitted to the electors of the State for their approval or rejection, at the General State Election to be held on the Tuesday next following the Third Monday in the month of April, 1928; that there shall be printed on the official ballots to be used at said election, the words “For the proposed amendment to the Constitution of the State of Louisiana authorizing the issuance of bonds by the City of New Orleans for the purpose of constructing and extending its sewerage, water and drainage system.” and the words “Against the proposed amendment to the Constitution of the State of Louisiana authorizing the issu- ance of bonds by the City of New Orleans for the purpose of constructing and extending its sewerage, water and drainage system.” and that each elector shall indicate on the ballot cast by him, as provided by the General Election Laws of the State, whether he votes for or against the proposed amendment. ACT 6 OF 1927 E.S. AN ACT To authorize the State Board of Liquidation to incur debt, providing for the payment thereof and authorizing loans to be made to the governing authori- ties of parishes in certain cases under certain conditions. Section 1. Be it enacted by the Legislature of Louisiana, That the State Board of Liquidation is hereby authorized to borrow money and incur debt upon the faith and credit of the State to an amount not exceeding the surplus, funded for ten years, of the one and fifteen hundredths (1.15) mill tax, known as “State Bond and Interest Fund,” levied by Act 109 of 1921 for the payment of the bonded indebtedness of the State and the interest thereon, after the amount annually required to pay the interest and principal due on said bonded indebted- ness has been deducted, for the purpose of creating a fund from which loans may be made to governing authorities of the parishes of Louisiana as hereinafter provided. Section 2. That the State Board of Liquidation shall make loans to the governing authorities of the parishes that have sustained damage from flood, general conflagration, general destruction of crops, or other public calamity, to be applied to and not to exceed the deficiency in the revenue of the parish, or any political sub-division therein (not including reclamation districts) or of which such Parish is a part, resulting from the postponement of the payment of taxes in such parish as authorized and provided by law; provided, that the said governing authority shall distribute and prorate the amount so received to the Parish and all political sub-divisions therein (except reclamation districts) or of which the Parish is a part, in the proportion that the deficiency in revenue of each bears to the total deficiency of all. Section 3. That the repayment of the money borrowed and the debt incurred as herein provided shall be secured by pledge of such part as may be necessary of the remaining annual surplus of One and Fifteenth Hundredths (1.15) mill tax, known as “State Bond and Interest Tax Fund,” after payment has been made of the annual maturing principal and interest of the bonded indebtedness of the State secured by said “State Bond and Interest Tax Fund.” After the payment of the annual maturing obligations and interest issued there- under by the said Board of Liquidation, the remainder of the said annual surplus shall be released from said dedication and be available for appropriation by the Legislature. 593 Vol. IV ſº Legal Materials Section 4. The State Board of Liquidation shall have authority and is hereby authorized to create the fund and incur the debt as herein provided, and, to that end, to cause to be issued, negotiated and sold, bonds, notes or certificates of indebtedness of the State of Louisiana, so signed and on such terms and conditions as to the said board may seem appropriate; provided, that the terms of the loan and the debt incurred by the State shall not extend beyond ten years, the bonds, notes, or certificates of indebtedness shall be sold at not less than par, the annual interest shall not exceed five per cent, and the annual payments shall be equalized as far as may be; provided, further, that the fund to be loaned shall be pro rated to the respective parishes in the proportions of the deficiencies in revenue of said parishes. Section 5. Where the governing authority of any parish shall make appli- cation to the State Board of Liquidation under existing laws for a loan to apply to the deficiency of its revenues, it shall make to the State Board of Liquidation a separate return of the amount of such deficiency of revenue of the parish, or any political subdivision thereof, or of which the parish is a part, in such form as the State Board of Liquidation may require, in order that it may be determined what the deficiency of each of said subdivisions is, and the loan made by the State Board of Liquidation shall be applied and distributed by the said governing authority to supply the deficiency in the revenues of the said parish, or the political subdivisions thereof, or of which it is a part. Section 6. Whenever any political subdivision thereof, shall make demand on the governing authority of any parish to borrow from the State Board of Liquidation to cover any such deficiency, it shall be the duty of the governing authority of such parish to make such application for such loan. Section 7. That this act shall become operative if and when Act No. . . . . of the extraordinary session of the Legislature of Louisiana of 1927, being a joint resolution proposing an amendment to Section 11 of Article X by adding a new paragraph to said Section relative to postponement of collection of taxes, is ratified. ACT ||25 OF 1928 [See Revised Statutes of 1950, 38:1751-38:1802, especially 38:1765 and 38:1766.-Ed.] AN ACT To amend and re-enact Section 9 of Act No. 238 of the Legislature of Louisiana for the year 1924, as amended and re-enacted by Act 334 of 1926, entitled “An Act to carry into effect Section 14 (a), (d) and (f) of Article XIV of the Constitution of the State of Louisiana, and any other sections relative to the creation of Gravity Drainage Districts and Gravity subdrainage Districts; provided for the creation of such districts, the appointment of commissioners thereof, defining the powers of such districts and the powers and duties of the commissioners appointed; authorizing said commissioners acting for said Gravity Drainage or Subdrainage districts to levy an acreage tax or forced contribution; to order special elections for the purpose of incurring debt and issuing negotiable bonds, and funding the avails of acreage taxes or forced contributions into bonds, and to define the method of procedure in the holding of elections for such purposes; authorizing the incurring of debt and the levying of taxes and the issuing of bonds secured by forced contributions or acreage taxes, when authorized by an election; providing for the assessment and collection of taxes and forced contributions or acreage taxes; providing for the reorganization of existing drainage and subdrainage districts hereunder; declaring this to be a general law governing Gravity Drainage and Gravity Subdrainage Districts, and repealing all laws affecting Gravity Drainage or Gravity Subdrainage districts organized or reorganized hereunder.” Section 1. Be it enacted by the Legislature of Louisiana, That Section 9 of Act No. 238 of the Legislature of Louisiana for the year 1924, as amended and re-enacted by Act No. 334 of 1926, be amended and re-enacted so as to read as follows: 594 Vol. IV Acts of the Legislature º: Section 9. The police juries creating gravity drainage districts as aforesaid, with corporate powers, shall designate the domicile of such corporation, at which domicile it shall be sued and service of citation made on its President, either in person or on some person in charge of the office. The domicile of a subdrainage district shall be the domicile of the parent district. The domicile of the drainage district when once established by the police jury may thereafter be changed and a new domicile fixed by a resolution of the drainage commissioners, and notice to that effect, signed by the president of the Commission, shall be published for thirty days in a newspaper published in the Parish in which the Gravity Drainage District is situated. When any gravity drainage district is created hereunder, the police jury shall designate the time and place for the first meeting of the commission, and immediately upon such meeting the said commissioners shall proceed to organize by electing officers as follows: They shall elect from among their members a President and a Vice President. It shall be the duty of the President to preside over all meetings of the Board and to perform such other duties as are usually required of Presidents of corporate bodies. It shall be the duty of the Vice President to perform the duties of the president in case of his absence or disability. They shall also elect a treasurer who shall also serve as secretary, who shall receive a salary of not less than Fifteen ($15.00) Dollars per month and not more than Fifty ($50.00) Dollars per month, to be fixed by said commissioners. Said secretary-treasurer shall maintain an office at the parish seat of each parish and shall keep said office open during business hours for the purpose of transacting the business of said district and for the convenience of the taxpayers thereof. The said treasurer shall furnish bond for amounts and in the manner now provided for by law for the faithful accounting of all monies turned over to him for the account of the district. Said Board shall also elect one of the solvent chartered banks of the State of Louisiana, and other things being equal, a bank situated in the drainage district or Parish or Parishes in which the district is situated, in which all monies shall be deposited, which bank shall pay interest at not less than three (3%) per annum, on daily balances; provided a fiscal agent may be chosen, who will materially aid the sale of the bonds of any drainage or subdrainage district, in which event, the said fiscal agent may pay a less rate of interest or no interest at all. Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. ACT 219 OF 1928 A JOINT RESOLUTION Proposing an amendment to Section 22, Article VI, of the Constitution of Louisiana, relative to the General Highway Fund. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of all the members elected to each house concurring, that the following amendment to the Constitution of Louisiana be, and the same is hereby, proposed to be submitted to the electors of the State of Louisiana, for adoption or rejection, to-wit: “Article VI. Section 22. The General Highway Fund shall be derived from the following sources: (a) The Legislature shall impose an annual graded license tax upon all motor vehicles used on the public highways of this State, as follows: On automobiles for private use, an annual minimum license tax of Fifteen Dollars ($15.00), to be graded up from this amount based upon weight and horse power, either or both. On trucks or automobiles used in the transportation of passengers or freight, or for the delivery of or carrying of goods or mer- chandise, an annual minimum license tax of Twenty-five Dollars ($25.00), to be graded up from this amount based upon horse power and carrying capacity or weight, any or all; provided, that such trucks as are used exclusively by farmers in carrying farm produce raised on their own farms to the market, 595 Vol. IV £: Legal Materials and carrying goods and merchandise back to their farms, are hereby exempt from this license tax, and are to be taxed in the sum of fifteen dollars ($15.00), for each truck of one and one half ton capacity or under. On all motorcycles, an annual minimum license tax of five dollars ($5.00), to be graded up from this amount based upon horse power and carrying capacity, either or both. All licenses collected as above provided in the parishes covered by the provisions of Act No. 18 of the Special Session of the Legislature of 1918, to an amount therein authorized, shall be dedicated and set aside as provided in said act. On all other vehicles using the public roads the Legislature is authorized to impose an annual graded license tax, based upon carrying capacity and tonnage, either or both. The vehicular license tax levied under this Constitution for the General Highway Fund, or imposed thereunder by the Legislature, shall be collected by the Secretary of State (unless and until otherwise provided by law), and the Legislature shall provide such additional compensation and office expenses as may be necessary to carry the provisions of this constitutional provision into effect. On gasoline, benzine, naphtha and other motor fuels, as defined by law, when sold, used or consumed in the State of Louisiana, there shall be levied a tax not to exceed four cents (4c) per gallon, to be collected as prescribed by law. On all kerosene or other explosives used in the generation of motive power, the Legislature may impose a tax to be collectd as may be prescribed by law. The Legislature shall have the authority to pass to the General Highway Fund any monies derived from any other source. Hereafter the parishes of the State shall be relieved of all further costs and charges for the construction and maintenance of State Highways, and the same shall be wholly supported out of the highway funds raised in accordance herewith. (b) All funds for the acocunt of the General Highway Fund shall be paid into the State Treasury. (c) Except as otherwise provided in this amendment, or until other- wise provided by Constitutional amendment, no debt shall be created or cer- tificates of indebtedness or bonds issued, to be paid in the future out of the proceeds realized from any State tax or license to be collected under and by virtue of this section, or imposed thereunder by the Legislature, but the said licenses and taxes shall be collected from year to year and expended for the purpose of the construction and maintenance of the system of State highways and bridges. (d) That in order to provide ready funds for the payment of the deficit of the Louisiana Highway Commission growing out of valid contractual and other obligations entered into or incurred by said Commission prior to May 21, 1928, and in order to construct paved State highways and necessary bridges in connection therewith, the Board of Liquidation of the State Debt of Louisiana shall have authority to fund, from time to time, such proportion of said tax as is represented by one cent (1c) per gallon on gasoline, benzine, naphtha or other motor fuel, as hereinabove provided, to run for a period not exceeding twenty (20) years. Said bonds shall be serial and shall have such maturities as may be determined and fixed by said Board, and shall be issued in such sums and denominations as said Board may determine, for not less than Five Hundred Dollars ($500.00) each, and may be registered or payable to bearer, in the discretion of said Board. Such bonds shall be designated, and may contain such provisions as may be by said Board deemed expedient for registration in the name of the holder or for the release thereof from registra- tion, shall bear interest at a rate not exceeding five per centum (5%) per annum, shall be payable in principal and interest in such time or times as the Board may prescribe, not to exceed twenty (20) years from date of issu- ance, for the payment of the entire principal and interest, and the place or places of payment of the principal and interst shall be fixed by said Board. Said bonds shall be sold to the highest bidder at public sale for not less than par 596 Vol. IV Acts of the Legislature º: and accrued interest, after advertisement at least once a week for not less than thirty (30) days by said Board in New Orleans, Chicago, New York and such other places as said Board may determine, reserving to said Board the right to reject any and all bids, and readvertise. The money arising from the sale of said bonds shall be paid to the State Treasurer for the account of the Louisiana Highway Commission, and the avails thereof shall be first devoted to the repayment of all sums borrowed or to be borrowed to apply on said deficit and to cover the balance, if any, of said deficit not met by said loan, and all other proceeds of said bonds, as the same are isued from time to time, shall be devoted exclusively to con- structing paved State highways and necessary bridges in connection therewith. All contracts for the construction of such paved State highways and necessary bridges shall be subject to the approval of the Board of Liquidation of the State Debt and shall not become operative until such approval is obtained. Said bonds shall be signed by the Governor, the Auditor, and the Treasurer of the State of Louisiana. Any coupons attached thereto shall bear the fac- simile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the issue of any such bonds shall be necessary, except such as are contemplated by this amendment, which, upon its adoption, shall be self-operative, and no further or other legislation shall be required to effect the same. All the proceeds of said one cent (1c) per gallon tax shall be paid into the State Treasury, as collected in accordance with existing or hereafter enacted laws in respect to the collection of taxes on gasoline, benzine, naphtha or other motor fuels as defined by law, and shall be devoted primarily to the payment and retirement of the principal and interest of all bonds to be issued hereunder, and the excess, if any, shall be paid into the General Highway Fund of the Louisiana Highway Commission, to be used exclusively for the construction of paved State Highways and necessary bridges in connection therewith.” So long as any of the bonds authorized by this section may remain out- standing and unpaid, it is expressly required that said one cent per gallon tax on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be levied. Section 2. That this proposed amendment shall be submitted to the quali- fied electors of the State at the next Congressional election, to be held on the first Tuesday after the first Monday in November, 1928. Section 3. That the Secretary of State shall cause this proposed amend- ment to be published according to law. On the official ballot to be used at the said election there shall be placed the words: ... “For the proposed amendment to Section 22 of Article VI of the Con- stitution of Louisiana of 1921, relative to the General Highway Fund.” and the words: “Against the proposed amendment to Section 22 of Article VI of the Con- stitution of Louisiana of 1921, relative to the General Highway Fund.” and each elector shall indicate, as provided by the general election laws of the State, whether he votes for or against this proposed amendment. ACT 26 | OF 1928 [This act was expressly repealed by Act 387 of 1940, a constitutional amendment.—Ed.] AN ACT To rearrange the Eighth Judicial District, to provide for an additional district judge and assistant district attorney therein, and to provide for the selec- tion, tenure of office, and salary of said officers. 597 Vol. IV ſ: Legal Materials Section 1. Be it enacted by the Legislature of Louisiana, two-thirds of the membership of each House voting in favor thereof, That the Parishes of Caldwell, Winn, LaSalle and Grant shall compose the Eighth Judicial District of Louisiana. Section 2. That in said district there shall be one additional District Judge who shall receive the same emoluments and possess all of the qualifications pre- scribed by the Constitution of this State for district judges, and shall be paid in the manner now provided by law. Section 3. That said additional District Judge shall be appointed by the Governor of this State as soon as this Act becomes law to serve for a term ending with the term of the present District Judge of said District; and thereafter there shall be two District Judges elected in said Eighth Judicial District for each succeeding term. Section 4. That in the Eighth Judicial District there shall be one assistant District Attorney, to be selected and appointed by the District Attorney, of said District, who shall be subject to removal by him, and who shall possess all the qualifications prescribed by the Constitution and shall have all the powers of district attorneys under the Constitution and laws of the State. Section 5. That the said Assistant District Attorney shall receive a salary of Fifteen Hundred Dollars ($1500.00) per annum, one-half of which shall be paid by the State monthly on his own warrant, and the other half shall be prorated by the police juries of the parishes of the Eighth Judicial District. ACT 266 OF 1928 [This act was incorporated into the Revised Statutes of 1950, 48:491– 48:952.-Ed.] AN ACT To provide for and authorize the construction by the Louisiana Highway Com- mission, by and with the approval of the Board of Liquidation of the State Debt of the State of Louisiana, of bridges and the approaches thereto for public use over navigable waters on or connecting highways in this State; to provide for the raising of necessary funds for such purpose and to authorize the issuance of bonds, to cover the cost of constructing said bridges and approaches thereto; to provide for the operation of said bridges for toll until all outstanding bonds, have been retired and the cost of construction and maintenance shall have been paid; to provide for the payment of principal and interest on said bonds, and An Act whereas it is intended to have this Act ratified by an amendment to the Constitution of the State. Section 1. Be it enacted by the Legislature of Louisiana, That the Louisiana Highway Commission, by and with the approval of the Board of Liquidation of the State Debt of the State of Louisiana, be and it is hereby authorized to construct bridges, and approaches thereto, over navigable waters for public use on or connecting highways in this State. Section 2. The said Louisiana Highway Commissison Shall have full power to maintain and operate said bridges; to exercise the right of eminent domain; to provide for the raising of necessary funds for the carrying out of the provisions of this Act; to issue bonds, to cover the cost of constructing said bridges and approaches thereto; to operate such bridges for toll until all outstanding bonds, have been retired and the cost of construction and main- tenance shall have been paid. Section 3. That for the purpose of providing funds for the building of bridges herein authorized, the Louisiana Highway Commission, by and with the approval of the Board of Liquidation of the State Debt of the State of Loui- siana, is hereby authorized to fund the revenues from each bridge constructed 598 Vol. IV Acts of the Legislature º: under the provisions of the act into bonds. The tolls collected from said bridges, as hereinafter provided, shall be kept in a separate fund by the State Treas- urer and are hereby specially pledgå for the payment and retirement of the bonds, (principal and interest) as the same become due until the whole of them shall be paid. The bonds, herein authorized shall be payable in lawful monies of the United States and shall be in such form and denomination and be payable at such times and places as said Louisiana Highway Commission may determine, but shall not be for a longer period than twenty (20) years and shall be free from taxes of all kind in the State of Louisiana. Such bonds, shall be negotiated on the best terms obtainable at not less than par, and shall bear interest not to exceed five (5%) per cent per annum, payable semi- annually, and shall be made to mature at such times and in such amounts as they may conveniently be retired out of the funds hereinabove specially pledged for their payment. All bonds, issued under the provisions of this Act shall be considered the obligations of the State of Louisiana, but in no event shall any of the General Highway fund, including the Federal Aid Fund, be used in discharging any bonded indebtedness, either in principal or interest issued hereunder. Section 4. The proceeds of such bonds shall be turned into the State Treasury and shall be carried on a Special Bridge Account and shall be subject to be drawn on by the Commission, but solely for the purpose of building, constructing and maintaing the bridges and approaches thereto for which said bonds were issued. As soon as any bridge or bridges herein authorized are put in operation, the Commission shall arrange for and supervise the collection of tolls for the use of said bridge or bridges which shall be at such rate as the Commission by and with the approval of the Board of Liquidation of the State Debt of the State of Louisiana may determine, but the rates so fixed shall be such as to anticipate the retirement of the bonds, issued for the construction of said bridge in not more than twenty (20) years. The toll rates shall be posted in a con- spicuous place at each end of the bridge or its approaches and at the places of collecting the tolls. Commuters’ tickets for those making frequent use of a particular bridge may be sold at reduced rates upon such terms and subject to such restrictions as may be approved by the Louisiana Highway Commission and the Board of Liquidation of the State Debt of the State of Louisiana. All toll keepers shall be appointed and may be removed by the Louisiana Highway Commission at its pleasure and they shall execute bond for the faithful perform- ance of their duies and for the due and proper accounting of all the monies received by them, such bonds to be made to the State of Louisiana in such amounts and with such surety companies authorized to do business in the State of Louisiana. The toll keepers shall keep such records and make accounting in settlement at such time and in such manner as the Louisiana Highway Com- mission may prescribe and a statistical record showing the number of tolls paid at such bridge or bridges and the source of them shall be kept by said Louisiana Highway Commission, and the Louisiana Highway Commission shall report and pay into the Treasury of the State, all of the funds so derived by it at such bridge or bridges, and the State Treasurer shall keep such aggregate funds in separate Bridge Accounts. The funds in the Toll Bridge Account shall be avail- able to the Louisiana Highway Commission for the maintenance of the bridge or bridges constructed by it and the residue shall from time to time be applied and paid out by the Louisiana Highway Commission for the retirement of the bonds, issued by it, and when the cost of said bridge or bridges built by said Louisiana Highway Commission has been repaid, said bridge or bridges shall be immediately opened as free bridges to the traveling public and shall thereafter be maintained as part of the Louisiana Highway System. Section 5. That the Louisiana Highway Commisison is to acquire by dona- tion or in its own name to condemn by eminent domain, such property as may be necessary to carry out the purpose of this Act and for that purpose to bring and prosecute all necessary condemnation suits, and the Attorney General shall not act as Attorney for the Louisiana Highway Commission and any judgment rendered or allowance agreed upon by the Louisiana Highway Commission shall 599 Vol. IV ſ: Legal Materials be paid as a part of the expense of building such bridges. The Louisiana Highway Commisison shall have the right to take possession of any such property immedi- ately upon filing petition for its condemnation and the procedure shall be in other respect as now provided by law for the condemnation by the State of Louisiana. All bridges constructed by said Louisiana Highway Commission shall be by public contract let to the lowest responsible bidder after advertising for not less than thirty (30) days in New Orleans, New York and Chicago papers, the letting of said contract. All contracts entered into by the Louisiana Highway Commission in connection with the building of these bridges shall be in writing and in con- formity with the requirements of the Louisiana Highway Commission. Section 6. The Louisiana Highway Commission shall have full power and authority to make and enforce all such reasonable rules and regulations not inconsistent with the terms of this Act as may in its opinion be proper and suitable for the protection of said bridge or bridges, approaches and appur- tenances thereto and for the safety of the traveling public. Section 7. That the maximum amount of bonds, isued by the Louisiana Highway Commission under the provisions of this Act outstanding at any one time shall not exceed fifteen million dollars and no bridge shall be constructed by the Louisiana Highway Commission under the provisions of this Act that shall exceed in the cost of construction, including approaches, the sum of three million dollars. Section 8. All tolls and revenues collected under the provisions of this Act shall be kept by the State Treasurer in separate accounts for each bridge, and the tolls and revenues derived from each bridge shall be used exclusively for its maintenance, operation and retirement of the bonds, issued for its construc- tion; provided, however, whenever it is necessary in the opinion of the Louisiana Highway Commission to construct more than one bridge and approaches on a through or main highway, bonds may be issued to cover the cost of constructing said bridges and approaches and the tolls and revenues shall be kept in a sep- arate account for the maintenance and operation of said bridges and the retirement of said bonds, and said bridges shall remain toll bridges until the retirement in full of all bonds, issued for their completion. Section 9. The Louisiana Highway Commission, by and with the approval of the Board of Liquidation of the State Debt of the State of Louisiana, may, in connection with the erection of any bridge, construct a combination railroad and/or street railway and vehicle traffic bridge, and authority is hereby granted to the Louisiana Highway Commission, by and with the approval of the Board of Liquidation of the State Debt of the State of Louisiana, to lease to such persons, firms, associations or corporations as may apply for the same, the right or privilege to use the bridge for railroad and for street railway purposes, and for the placing and maintaining on any bridge, transmission cables and/or wires for telephone, telegraph and/or electric power, pipe lines for the transportation of artificial or natural gas or oil, tracks, wires and/or other equipment for the operation of steam and/or electric railways, and/or appliances or equipment for any other purposes. Section 10. The Louisiana Highway Commission shall not grant to any railroad or other public utility company an exclusive lease or franchise for the use of any bridge or bridges constructed under the provisions of this Act, and equal rights and privileges are hereby granted to all railroads and public utility companies to the use of said bridge or bridges, upon complying with the terms and conditions and the rules and regulations of the Commission. The Louisiana Highway Commission shall adopt uniform terms and conditions, rules and regulations for carrying out the provisions of this Section. Section 11. That the Louisiana Highway Commission and the Board of Liquidation of the State Debt of the State of Louisiana are hereby authorized to issue the necessary bonds, to provide for the construction of bridges at or near the following locations: (1) Monroe, over Ouachita River in Ouachita Parish. (2) Coushatta, over the Red River in Red River Parish. 600 Vol. IV Acts of the Legislature º: (3) Moncla, over the Red River in Avoyelles Parish. (4) Morgan City, over the Atchafalaya River in St. Mary Parish. (5) Sterlington, over the Ouachita River between Ouachita and Union Parishes. (6) Jonesville, over the Black River in Catahoula and Concordia Parishes. (7) Harrisonburg, over the Ouachita River in Catahoula Parish. (8) Melville, over the Atchafalaya River in St. Landry and Pointe Coupee Parishes. Provided, that nothing in this Act to the contrary notwithstanding shall prevent the Louisiana Highway Commission from constructing any of the above named bridges out of the General Highway Fund. Section 12. That all laws or parts of laws inconsistent with or in conflict with the provisions of this Act are hereby repealed. Section 13. That at the next Congressional Election to be held in this State on the first Tuesday after the first Monday of the month of November, 1928, there shall be submitted to the electors of the State, the following amendment to the Constitution, to be known as Section 25 of Article VI. “Section 25: The Louisiana Highway Commission shall provide for the construction and maintenance of bridges throughout the State of Louisiana, and all provisions of the Constitution in conflict are to this extent repealed, and Act No. . . . . . . . . . . of the Legislature of Louisiana for the year 1928 entitled “An Act to provide For and Authorize the Louisiana Highway Commission to Construct Bridges throughout the State of Louisiana, Etc.,’ is ratified and approved.” Section 14. That on the official ballots to be used at said election shall be placed the words “For the Amendment Providing for the Construction and Maintenance of Bridges Throughout the State of Louisiana,” and the words “Against the Amendment Providing for the Construction and Maintenance of Bridges Throughout the State of Louisiana,” and each elector shall indicate his vote on the proposed amendment as provided by the Legislature of this State. ACT 6 OF 1928 E.S. [All statutes levying gasoline taxes, including this act, were combined in Revised Statutes of 1950, 47:711–47:727. Note, however, all administrative provisions were omitted. The Revised Statutes provisions for the gasoline tax were amended by Act 5 of 1952.-Ed.] AN ACT “To provide revenues for the public highways of the State of Louisiana by levying a tax of four cents per gallon on all gasoline or motor fuel sold, used or consumed in the State of Louisiana for domestic consumption, as authorized by paragraph A, Section 22, Article VI, of the Constitution of Louisiana, of 1921, as amended, defining motor fuel, fixing the time of collecting such tax and providing for the expense thereof, prescribing the manner and methods of enforcing payment, and fixing penalties for failure to make same, requiring all those engaged in the handling, selling, or dis- tribution of gasoline or motor fuel to make such reports of their business as may be necessary for the proper enforcement of this Act, providing that all said taxes collected under the provisions of this Act shall be credited to the General Highway Fund and expended for the purpose of the construction and maintenance of the system of State Highways and bridges, and for such other purposes as provided for in paragraph (a), Section 22 of Article VI, of the said Constitution of Louisiana, and repealing all laws or parts of laws in conflict therewith.” “Section 1. Be it enacted by the Legislature of Louisiana, That there is hereby levied a tax of four cents (4c) per gallon on all gasoline, or motor fuel, 601 Vol. IV ſ: Legal Materials sold, used or consumed in the State of Louisiana for domestic consumption, to be collected as hereinafter set forth. “The term ‘motor fuel' is defined as meaning all volatile gas-generating liquids having a flash point below 110 degrees F., commonly used to propel motor vehicles or motors. “For the purposes of this Act, the product commonly known as casinghead and absorption gasoline shall be excepted from the operation of the tax levied, when sold to be blended or compounded with other less volatile liquids in the manufacture of commercial gasoline or motor fuel. When, however, such casing- head and absorption gasoline is sold for use in motors direct, or sold to those who blend for their own use, the tax of four (4) cents per gallon shall be paid. Reports of all such sales shall be furnished to the Supervisor of Public Accounts, with the report required in Section 4 of this Act, and shall show whether the sales were made for blending purposes or for use in motors. “Provided that an allowance of three per cent of the total gallonage received during every calendar month shall be made and deducted by the dealer to cover his or their losses in handling such motor vehicle fuel and that a refund shall be made to said dealer for the tax paid on all motor vehicle fuel which after such payment shall be lost or destroyed by fire, lightning, flood, tornado, windstorm, explosion or other accidental or providential cause. “Provided further that the said refund shall be paid by the Supervisor of Public Accounts upon proper showing and authentic proof of destruction and shall be paid from the funds in the hands of the Supervisor of Public Accounts, which have been collected under this Act, and which have not been paid by the said Supervisor of Public Accounts to the State Treasurer. “Section 2. The aforesaid tax of four cents per gallon shall be collectible from all persons, firms, corporations or associations of persons, engaged as deal- ers in the handling, sale or distribution of such products within the State of Louisiana, the method of collection to be as prescribed in Section 4 of this Act. The term ‘dealer' as used in this Act is defined to mean any person, firm, cor- poration or association of persons, who produces, refines, manufactures, blends or compounds gasoline or motor fuel for sale to the jobber or consumer, or to the persons, firms, corporations, or association of persons who, in turn, sell to the jobber or consumer. The term ‘dealer' is further defined to mean the person, firm, corporation or association of persons who imports such gasoline or motor fuel from any other State or foreign country for distribution, sale, or use in the State of Louisiana. On all gasoline or motor fuel imported from other States and used by him, the ‘dealer' as thus defined shall pay the tax on the amount so imported and used, the same as if it has been sold for domestic consumption. “Section 3. All persons, firms, corporations or associations of persons im- porting such gasoline or motor fuel from other States shall, within ten days after the close of each calendar month, report to the Supervisor of Public Accounts, on blanks furnished by him, a list of persons, firms, corporations or associa- tion of persons, with their post office addresses, from whom such shipments were received, the dates shipped, the dates received, and the gallonage of each of the classes of such gasoline or motor fuels received; and such report shall state whether such fuels are to be retailed or used in the State of Louisiana or exported to another State or foreign country. The statements rendered to the Supervisor of Public Accounts shall be supported by affidavits, properly sworn to before an officer of the State empowered to accept affidavits; and in order that the Supervisor of Public Accounts may have additional means of check- ing the accuracy of such statements, the records, books and other documnts of those making them, as well as those of common carriers relative to such ship- ments are hereby declared to be accessible to the Supervisor of Public Accounts. “Section 4. That every person, firm, corporation or association of persons engaged as a dealer in the handling, sale or distribution of gasoline or motor fuel for consumption within the State, shall, within twenty days after the expiration of each monthly period, (monthly period to be computed from the first day of the month to the last day thereof) file with the Supervisor of Public Accounts a statement, under oath, on forms prescribed and furnished by him, of the business conducted by such person, firm, corporation or association 602 Vol. IV Acts of the Legislature º: of persons during the last preceding monthly period, which statement shall show the number of gallons of each of the classes of fuels enumerated in this Act that was sold to persons, firms, corporations or associations of persons within the State, or used by the dealer importing same, and every such person, firm, corporation or association of persons reporting to the Supervisor of Public Ac- counts, shall, concurrently, remit to the Supervisor a tax of four cents per gallon on all gasoline or motor fuel sold by him or them or used as aforesaid, during the month for which said reports, as above provided have been made. “Section 5. The Supervisor of Public Accounts shall, within the first five days of each calendar month after the receipt of such taxes from the taxpayer, forward the full amount collected by him during the preceding calendar month to the State Treasurer, to be placed to the credit of the General Highway Fund, created by Section 22 of Article VI of the Constitution; and the State Treasurer shall, on the first day of each and every month, notify in writing the Louisiana Highway Commission of the State of Louisiana, of the total amount received from the Supervisor to be placd to the credit of the General Highway Fund from the source so specified. All such taxes, when so placed to the credit of the General Highway Fund, shall be allotted and disbursed by the said Louisiana Highway Commisison for the purpose of the construction and maintenance of the system of State highways and bridges, and for such other purposes as provided for in paragraph (a), Section 22 of Article VI, of the said Constitution of Louisiana. “Section 6. It is the purpose of this Act to centralize the collection of the tax herein authorized in the hands of those who originally dispose of gaso- line or motor fuel for distribution and consumption within the State. But in no case shall there be a duplication of the collection of the tax authorized; pro- vided, that any gasoline or motor fuel sold by a dealer within this State to a jobber therein, which is later exported beyond the borders of this State shall not be liable to the tax named in Section One of this Act; and provided further, that such tax having been collected from the jobber by the dealers at the time of the shipment, the jobber may file with the dealer, monthly, a statement showing the quantity exported beyond the borders of this State, properly sup- ported by ocean bills of lading or other authentic evidence, and the dealer shall be authorized to refund the amount of such tax to the jobber and to deduct the amount thereof in making the next monthly returns to the Supervisor of Public Accounts; provided, that the provisions of this Section shall not apply to shipments moving from dealers in this State to export stations handling gasoline exclusively for export. * “Section 7. The Supervisor of Public Accounts shall have the power to require any person, firm corporation or association of persons engaged in the handling, sale or distribution of gasoline or motor fuel, as described herein, to furnish any additional information by him deemed to be necessary for the pur- pose of collecting said tax, and for said purpose shall have the authority to examine the books, records and files of such persons, firms, corporations or associations of persons, and, to that end, shall have the power to examine witnesses, and if any such witnesses shall fail or refuse to appear at the request of the Supervisor of Public Accounts, or refuse access to the books, records, or files, said Supervisor of Public Accounts shall certify the facts and the names of the witnesses so failing and refusing to appear, or refusing access to the books or papers, to the District Court having jurisdiction of the party, a copy of which shall be sent to the Governor; and said Court shall thereupon issue a summons to the said party to appear before the said Supervisor, or his assistant, at a place designated within the jurisdiction of said Court, on a day to be fixed, to be continued as occasion may require, and give such evidence and open for inspection such books and papers as may be required for the purpose of ascertaining whether or not the return so made is a true and correct return as herein required; and whenever it shall appear to the Supervisor that any such person, firm, corporation or association of persons engaged in the handling, sale or distribution of gasoline or motor fuels, within the meaning of this Act, has unlawfully made an untrue or incorrect return as herein provided, the Supervisor shall correct the return and shall compute the said tax on same and so certify same to his department as being the amount actually due and owing, and the Supervisor shall concurrently notify such person, firm, corporation or associa- 603 Vol. IV ſ: Legal Materials tion of persons of such facts; and in the event that such person, firm, corpora- tion or association of persons shall not within five days after such notification, make a correct return and pay the full amount due, the Supervisor of Public Accounts, shall, in the name of the State, without deposit or advance costs, enter suit against such person, firm, corporation or association of persons for the amount due, together with such penalties as are provided in this Act. Such suits shall be by rule to show cause within five days why payments should not be made, and shall be tried by preference, and may be tried out of term time and in chambers. “Section 8. The tax provided for by this Act shall beome delinquent on the twentieth day of the month following the month for which said tax is due, and from such time, as a penalty for delinquency, the tax debtor shall be subject to penalties as follows: “Two (2%) per cent per month on the amount of the tax, and ten per cent (10%) attorney's fees on both the tax and penalties in all cases wherein the attorney is called on to assist in the collection. “Section 9. If any person, firm, corporation or association of persons shall fail to make a report of the sales upon which the tax herein is levied, within the time and in the manner hereinabove prescribed for such report, it shall be the duty of the Supervisor of Public Accounts to examine the books, records, and files of such person, firm, corporation or association of persons to ascertain the amount of such sales and compute the tax thereon as provided herein and according to the procedure hereinabove provided where witnesses refuse to testify and access to books and papers is refused; and shall add thereto the cost of examination. “Section 10. That any person, firm, corporation or association of persons who shall intentionally make false oath to any report required by the provisions of this Act shall be guilty of perjury and be subject to all penalties prescribed for such crime. “It is hereby made the duty of the Supervisor of Public Accounts to collect, supervise and enforce the collection of all taxes that may be due under the pro- visions of this Act, and to that end, the said Supervisor is hereby vested with all of the power and authority conferred by this Act. The Supervisor of Public Accounts shall give bond in favor of the Governor of the State, or his succes- sor in office, in the sum of Ten Thousand ($10,000.00) Dollars conditioned on the faithful performance of the duties imposed on him by this Act. The premium on said bond shall be paid out of the appropriation made for expenses of his office. The bond shall be approved by the Governor, and shall be filed in the office of the State Auditor. “Section 11. The costs assessed against delinquent persons for the examina- tion of their books, records and files by the Supervisor of Public Accounts, as provided in Section 9 of this Act, shall be collected by the Supervisor and remitted to the State Treasurer in the same manner and at the same time that other collections are remitted, and shall be credited to the General High- way Fund. “The only legal evidence showing payment of the tax herein levied shall be by appropriate form of receipts issued by the Supervisor of Public Accounts similar to that issued by the tax collectors throughout the different parishes, as provided for in the general revenue laws of the State, which receipt shall be signed by the Supervisor of Public Accounts, or by an assistant for him. “Section 12. For the purpose of meeting the expenses necessary for the proper enforcement of this Act, the Legislature shall appropriate from the Gen- eral Highway Fund a sum not exceeding Fifteen Thousand ($15,000.00) Dollars annually, or as much threof as may be necessary. The amount appropriated shall be drawn from the State Treasury by the Supervisor of Public Accounts on warrants approved and countersigned by the Louisiana Highway Commission, in monthly installments and used by him to pay salaries of assistants and stenog- raphers and necessary office expenses and traveling expenses of himself and 604 Vol. IV Acts of the Legislature º: assistants when away from the office on official business connected with the collection of the tax herein provided for. “Section 13. This Act shall go into effect according to the Constitution, and the first return to be made under the provisions of said Act, shall be made not later than the 20th day of February, 1929; provided, however, that all taxes which shall be due on sales of gasoline or motor fuels, prior to the effective date of this Act, by all persons, firms, corporations, or associations of persons under the law prior to the effective date of this Act, shall be due and collectible not later than the 20th day of January, 1929, and the right of the State to collect all of said taxes levied under the provisions in force until the effective date of this Act shall not be impaired. “Section 14. The tax herein levied shall not apply to sales to the United States Government or any agency or department thereof, and when such tax is paid by the said United States Government or any agency or department thereof it shall be refunded by the Supervisor of Public Accounts upon proper showing and authentic proof thereof and shall be paid from the funds in the hands of the said Supervisor of Public Accounts which have been collected under this Act and which have not been paid by the said Supervisor of Public Accounts to the State Treasurer as provided herein.” Section 15. All laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. ACT | OF 1930 E.S. JOINT RESOLUTION Proposing an amendment to the Constitution of the State of Louisiana for the year 1921, as amended, to provide revenues for the benefit of the public schools of the State of Louisiana to be distributed through the State Board of Education, to the Board of Commissioners of the Port of New Orleans and the Board of Commissioners, Lake Charles Harbor & Terminal District, by levying a tax of one cent per gallon on gasoline, benzine, naphtha or other motor fuel, as herein defined, when sold, used or consumed in the State of Louisiana for domestic consumption, defining gasoline, benzine, naphtha or other motor fuel, fixing the time of collecting said tax and providing for the expenses thereof, prescribing the manner and methods of enforcing payment, and fixing penalties for failure to make same, requiring all those engaged in the handling, selling or distribution of gasoline, benzine, naphtha or other motor fuel to make such reports of their business as may be necessary for the proper enforcement of this Article, providing that all said taxes collected under the provisions of this Article shall be paid to the Treasurer of the State of Louisiana, to be credited by him to the State Board of Education, the Board of Commissioners of the Port of New Or- leans and the Board of Commissioners, Lake Charles Harbor & Terminal District, as hereinafter directed, authorizing the State Board of Education, the Board of Commissioners of the Port of New Orleans and the Board of Commissioners, Lake Charles Harbor & Terminal District to expend the sums realized from the tax levied under this Article as hereinafter pro- vided, providing that those who violate the provisions of this Article shall be punished by certain penalties prescribed. Be it resolved by the Legislature of Louisiana, two-thirds of all members elected to the Senate and House of Representatives concurring, That, at the next election for representatives in Congress to be held throughout the State in November, 1930, there shall be submitted to the qualified electors for adop- tion or rejection in the manner provided by law, a proposition to amend the Constitution of Louisiana of 1921, as amended, by adding thereto an additional article as follows: ARTICLE e Section 1. That in addition to the tax of four cents per gallon levied by Act 6 of the Special Session of the Legislature of Louisiana of the year 1928 605 Vol. IV § Legal Materials under authority of Article VI, Section 22 of the Constitution of Louisiana on gasoline or motor fuel, a tax of one cent per gallon is hereby levied on all gasoline, benzine, naphtha or other motor fuel, as herein defined, when sold, used or consumed in the State of Louisiana for domestic consumption, to be collected as hereinafter set forth. The term “gasoline, benzine, naphtha or other motor fuel” as defined as meaning all volatile gas-generating liquids having a flash point below 110 degrees F., commonly used to propel motor vehicles or motors. For the purpose of this Article, the product commonly known as casing- head and absorption gasoline shall be excepted from the operation of the tax levied, when sold to be blended or compounded with other less volatile liquids in the manufacture of commercial gasoline or motor fuel. When, however, such casinghead and absorption gasoline is sold for use in motors direct, or sold to those who blend for their own use, the tax of one cent (1c) per gallon shall be paid. Reports of all such sales shall be furnished to the Supervisor of Public Accounts, with the report required in Section 4 of this Article, and shall show whether the sales were made for blending purposes or for use in motors. Provided, that an allowance of three per cent of the total gallonage re- ceived during every calendar month shall be made and deducted by the dealer to cover his or their losses in handling such motor vehicle fuel and that a refund shall be made to said dealer for the tax paid on all motor vehicle fuel which after such payment shall be lost or destroyed by fire, lightning, flood, tornado, windstorm, explosion or other accidental or providential cause. Provided further that the said refund shall be paid by the Supervisor of Public Accounts upon proper showing and authentic proof of destruction and shall be paid from the funds in the hands of the Supervisor of Public Accounts, which have been collected under this Article, and which have not been paid by the said Supervisor of Public Accounts to the State Treasurer. Section 2. The aforesaid tax of one cent per gallon shall be collectible from all persons, firms or corporations or associations of persons, engaged as dealers in the handling, sale or distribution of such products within the State of Louisiana, the method of collection to be as prescribed in Section 4 of this Article. The term “dealer” as used in this Article is defined to mean any per- son, firm, corporation or association of persons who produces, refines, manu- factures, blends or compounds gasoline, benzine, naphtha or other motor fuel for sale to the jobber or consumer, or to the persons, firms or corporations, or associations of persons, who, in turn, sell to the jobber or consumer. The term “dealer” is further defined to mean the person, firm, corporation or association of persons who imports such gasoline, benzine, naphtha or other motor fuel from any other State or foreign country for distribution, sale or use in the State of Louisiana. On all gasoline, benzine, naphtha or other motor fuel imported from other states and used by him, the “dealer” as thus defined shall pay the tax on the amount so imported and used, the same as if it had been sold for domestic consumption. Section 3. All persons, firms, corporations or associations of persons im- porting such gasoline, benzine, naphtha or other motor fuel from other States shall, within ten days after the close of each calendar month, report to the Supervisor of Public Accounts, on blanks furnished by him, a list of persons, firms, corporations or associations of persons, with their post office addresses, from whom such shipments were received, the dates shipped, the dates received, and the gallonage of each of the classes of such gasoline, benzine, naphtha or other motor fuel received; and such report shall state whether such fuels are to be retailed or used in the State of Louisiana or exported to another State or foreign country. The statements rendered to the Supervisor of Public Accounts shall be supported by affidavits, properly sworn to before an officer of the State empowered to accept affidavits; and in order that the Supervisor of Public Accounts may have additional means of checking the accuracy of such statements, the records, books and other documents of those making them, as well as those of common carriers relative to such shipments are hereby declared to be accessible to the Supervisor of Public Accounts. 606 Vol. IV Acts of the Legislature § Section 4. That every person, firm, corporation or association of persons engaged as a dealer in the handling or distribution of gasoline, benzine, naphtha or other motor fuel for sale, use or consumption within the State shall immedi- ately upon the producing, refining, manufacturing, blending or compounding of any gasoline, benzine, naphtha or other motor fuel pay to the Supervisor of Public Accounts the tax levied herein, which is hereby made due and payable immediately upon said producing, refining, manufacturing, blending or com- pounding; provided further that any dealer bringing gasoline, benzine, naphtha or other motor fuel into the State of Louisiana for sale, use or consumption therein shall immediately pay to the said Supervisor of Public Accounts the tax levied herein which is hereby made due and payable immediately upon same coming within the boundaries of this State. Said payments shall be made by remitting or paying to the Supervisor of Public Accounts by bank draft, post office or express money order, certified check or cash. Provided further that it shall be the duty of each dealer, within twenty (20) days after the expiration of each monthly period (to be computed from the first day of each month to the last day of each month) to file with the Supervisor of Public Accounts a statement, under oath, on forms prescribed and furnished by him, of the business conducted by such person, firm, corporation or association of persons during the last preceding monthly period, whether the tax has been paid or not, which statement shall show the number of gallons of gasoline, benzine, naphtha or other motor fuel that was sold to persons, firms, corpora- tions or associations of persons within the State, used or consumed by the dealer importing same. Provided further that any dealer preferring to pay any tax due hereunder at the time that the monthly reports provided for in this Section are filed will be permitted to do so provided that the said dealer shall have previously furnished the Supervisor of Public Accounts a bond guarantee- ing the payment of any tax, penalties or costs accrued or accruing under this Article. Said bond having been furnished and accepted, as provided herein, the dealer furnishing same shall be required to pay the tax at the time of making the reports to the Supervisor of Public Accounts, as herein required, only on such gasoline, benzine, naphtha or other motor fuel actually sold, used or consumed in this State, during the period for which said reports are made and in which event the tax herein levied shall become delinquent the day after the date herein fixed for the filing of said reports. Provided further that the said bond shall be in an amount and of tenor and solvency satisfactory to the said Supervisor of Public Accounts and shall have been accepted by him. Pro- vided further that the said bond shall not exceed in amount the total tax, penalty or costs, of the particular dealer for the last preceding three calendar months, or, if the dealer has had no tax, penalties or costs for the period mentioned, the initial bond shall not exceed the amount of Ten Thousand ($10,000.00) Dollars. Provided further that any dealer who produces, manufac- tures, blends, compounds or imports into the State of Louisiana, any gasoline, benzine, naphtha or other motor fuel for sale, use or consumption in the State of Louisiana in any amount, the tax on which will be in excess of the amount of bond furnished by the said dealer to the Supervisor of Public Accounts, said dealer is hereby required to immediately furnish additional bond, as provided herein, to the said Supervisor of Public Accounts, to guarantee the payment of the tax which exceeds the amount of the bond previously furnished. This does not apply to gasoline, benzine, naphtha or other motor fuel on which the tax herein levied has been paid, but in no case shall a dealer sell, use or consume gasoline, benzine, naphtha or other motor fuel unless the tax on same, as levied herein, has been paid or said tax has been guaranteed by bond furnished the Supervisor of Public Accounts, as provided herein. Provided further that any bond previously furnished the Supervisor of Public Accounts by any dealer, and accepted by said Supervisor of Public Accounts which later becomes unsatis- factory to him, either as to amount or solvency, or both, the said Supervisor of Public Accounts shall call upon the said dealer to promptly furnish another and/or larger bond, with the same or other sureties satisfactory to the said Supervisor of Public Accounts, as provided herein, and failing to do so, after five days (5) written notice to the said dealer, shall ipso facto cause all taxes levied under this Article against the said dealer to become delinquent and the Supervisor of Public Accounts shall forthwith proceed to collect the said taxes in the same manner as if no bond had ever been furnished and accepted, with- 607 Vol. IV ſ: Legal Materials out, however, prejudicing or waiving any rights under any bond held by him to guarantee the payment of any tax, penalties or costs under this Article. Provided further that failure to pay any tax, penalties or costs accruing under this Article or failing to furnish bonds as provided in this Article, shall ipso facto make the said tax, penalties and costs delinquent and shall be construed as an attempt to avoid the payment of same which will be sufficient grounds for attachment of gasoline, benzine, naphtha or other motor fuel wherever the same may be located or found, whether said delinquent taxpayer be a resident or non-resident of this State, and whether said gasoline, benzine, naphtha or other motor fuel is in the possession of said delinquent taxpayer or in the possession of other persons, firms, corporations or associations of per- sons; provided that it is the intention of this Article to make the gasoline, benzine, naphtha or other motor fuel responsible for the payment of this tax, together with penalties and costs, and authority to attach is hereby specifically authorized and granted to the said Supervisor of Public Accounts. The pro- cedure prescribed by law shall be followed except that no bond shall be required of the State. Provided further that failure to pay said tax and failure to furnish said bond as provided in this section shall ipso facto, without demand or putting in default, cause said tax, penalties and costs to become immediately delinquent, and the Supervisor of Public Accounts is hereby vested with authority, on motion in a court of competent jurisdiction, to take a rule on the said dealer, to show cause in not less than two nor more than ten days, exclusive of holi- days, after the service thereof, which may be tried out of term and in chambers, and shall always be tried by preference, why said dealer should not be ordered to cease from further pursuit of business as a dealer; and in case said rule is made absolute, the order thereon rendered shall be considered a judgment in favor of the State prohibiting such dealer from the further pursuit of said business until such time as he has paid the said delinquent tax, or until he has furnished said bond, as herein provided, and every violation of the injunc- tion shall be considered as a contempt of court, and punished according to law. Section 5. The Supervisor of Public Accounts shall, within the first five days of each calendar month after the receipt of such taxes, forward the full amount collected by him, less expenses withheld, during the preceding calendar month, to the Treasurer of the State of Louisiana to be placed to the credit of the following Boards, in the proportions as shown, viz., State Board of Education, ten-twentieths; Board of Commissioners of the Port of New Orleans, nine-twentieths; Board of Commissioners Lake Charles Harbor & Terminal District, one-twentieth; and said Treasurer shall on the first day of each and every month notify in writing said State Board of Education, Board of Com- missioners of the Port of New Orleans and Board of Commissioners Lake Charles Harbor & Terminal District, of the total amount received from the Supervisor of Public Accounts of Louisiana to be placed to the credit of said Boards from the source so specified, all such taxes when so placed to the credit of said boards to be used and disposed of by them as follows: the State Board of Education shall use said funds and distribute the same in and for financing public schools in such parishes and wards and school districts thereof as may most equitably equalize revenues for the educable school children of the State— this provision being in recognition that parishes and districts with small assess- ments are in need of State assistance so as to provide funds for the educables of the public schools thereof; and for the purpose of making said distribution of funds by said Board of Education for said public schools most in need of such aid, the said Board is vested with the discretion to make such alloca- tions according to the rules and standards which it prescribes; the Board of Commissioners of the Port of New Orleans and the Board of Commissioners Lake Charles Harbor & Terminal District shall first use the amounts received hereunder to be applied to the payment of principal and/or interest of any bonds heretofore or hereafter issued by said boards which may be due and payable and any amount not needed for the aforesaid purpose shall go into the current revenues of said boards. All such taxes as are placed to the credit of said Board of Commissioners of the Port of New Orleans and said Board of Commissioners Lake Charles Harbor & Terminal District shall be deemed to be revenues of said Boards of Commissioners within the meaning of any statute or provision of this Constitution regulating the management, use and 608 Vol. IV Acts of the Legislature º; accounting for said revenues or the borrowing of money and the issuance of bonds or other obligations by said Boards of Commissioners to the same extent as if said revenues had been raised by tolls or charges for the use of port facilities under the jurisdiction of the Board of Commissioners of the Port of New Orleans or the Board of Commissioners Lake Charles Harbor & Terminal District. This section shall not be given a construction which will impair the rights of any holder of any bonds heretofore issued by the Board of Com- missioners of the Port of New Orleans or the Board of Commissioners Lake Charles Harbor & Terminal District, as restricting the existing right of Legis- lature of the State of Louisiana to provide such other or additional sources of revenues as may be necessary for the payment of the current expenses and debts of the Board of Commissioners of the Port of New Orleans or the Board of Commissioners Lake Charles Harbor & Terminal District contracted or to be contracted in the establishment of management of port facilities. Provided further that if the amendment to Article VI, Section 22 of the Constitution of Louisiana be adopted at the election to be held in November, 1930, no additional bonds shall be issued by said port boards, except with the approval of the State Advisory Board of Louisiana created by said amendment. Section 6. It is the purpose of this Article to centralize the collection of the tax herein authorized in the hands of those who originally dispose of gasoline, benzine, naphtha or other motor fuel for distribution and consumption within this State. It is further the purpose of this Article to require the payment of the tax on any gasoline, benzine, naphtha or other motor fuel to be sold, used or consumed in this State immediately upon the producing, refining, manufacturing, blending, compounding or importing of such gasoline, benzine, naphtha or other motor fuel unless a bond, as provided herein, is furnished to guarantee the payment of said tax. In no case shall there be a duplication of the collection of the tax herein levied. For the purpose of the enforcement of this Article and the collection of the tax levied hereunder, it is presumed that all gasoline, benzine, naphtha or other motor fuel produced, refined, manufactured, blended or compounded in this State, imported into this State or held in this State, by any dealer, is to be sold, used or consumed within this State and is subject to the tax herein levied; provided that such presumption shall be prima facie only and subject to proof furnished to Supervisor of Public Accounts. It is not the intention of this Article to levy a tax on gasoline, benzine, naphtha or other motor fuel produced, refined, manufactured, blended, com- pounded or imported in this State for export; it is, however, the intention of this Article in order to safeguard the interest of the State and guarantee the collection of the tax herein levied, to require every dealer producing, refining, manufacturing, blending, compounding or importing or holding any gasoline, benzine, naphtha or other motor fuel within this State for any purpose to immediately pay the tax levied herein on gasoline, benzine, naphtha or other motor fuel unless said dealer shall have furnished the Supervisor of Public Accounts a bond guaranteeing the payment of any tax, penalties or costs as herein provided. It is further the intention of this Article to permit the dealer to either immediately pay the tax as herein provided or furnish bond as herein provided, and it shall be the duty of the Supervisor of Public Accounts to accept a bond of any solvent surety company authorized to operate in the State of Louisiana, as herein provided, in lieu of the immediate payment of the tax. Subject, however, to the provisions made in this Article for exporting gasoline, benzine, naphtha or other motor fuel beyond the borders of this State, and for the repayment to the dealer of the tax previously paid on any gasoline, benzine, naphtha or other motor fuel which is later exported beyond the borders of this State or which is lost or destroyed as herein described. Provided, that any gasoline, benzine, naphtha or other motor fuel sold by a dealer within this State to a jobber therein, which is later exported beyond the borders of this State shall not be liable to the tax named in this Article; and provided further, that such tax having been collected from the jobber by the dealers at the time of the shipment, the jobber may file with the dealer, monthly, a statement showing the quantity exported beyond the borders of this State, properly supported by ocean bills of lading or other authentic evidence, 609 Vol. IV ; Legal Materials and the dealer shall be authorized to refund the amount of such tax to the jobber and to deduct the amount thereof in making the next monthly returns to the Supervisor of Public Accounts; provided further that any gasoline, benzine, naphtha or other motor fuel brought into this State in the reservoir provided by the manufacturer of a motor vehicle as the container for fuel used exclu- sively for propelling said motor vehicle shall not be liable for the tax levied herein, provided further that in no case shall said reservoir have a capacity of more than thirty gallons of gasoline, benzine, nahptha or other motor fuel. For the purpose of enforcing the collection of the tax levied by this Article, the Supervisor of Public Accounts is hereby specifically authorized and em- powered to examine, at all reasonable hours, the books, records and other documents of all transportation companies, agencies, or firms operating in this State, whether said companies, agencies or firms conduct their business by rail, water or otherwise, in order to determine what dealers, as provided in this Article, are importing or otherwise shipping gasoline, benzine, naphtha or other motor fuel which is liable for said tax. In the event said transportation com- pany, agency or firm shall refuse to permit such examination of its books, records and other documents by the Supervisor of Public Accounts as afore- said, the Supervisor of Public Accounts may proceed by rule, in term time or in chambers, in any court of competent jurisdiction in the parish where such refusal occurred, and require said transportation company, agency or firm to show cause why the Supervisor of Public Accounts should not be permitted to examine its books, records or other documents, and in case said rule be made absolute the same shall be considered a judgment of the court and every violation of said judgment shall be considered as a contempt thereof and punished according to law. Section 7. The Supervisor of Public Accounts shall have the power to require any person, firm, corporation or association of persons engaged in the handling, sale or distribution of gasoline, benzine, naphtha or other motor fuel as described herein, to furnish any additional information by him deemed to be necessary for the purpose of collecting said tax, and for said purpose shall have the authority to examine the books, records and files of such persons, firms, corporations, or associations of persons, and, to that end, shall have the power to examine witnesses, and if any such witnesses shall fail or refuse to appear at the request of the Supervisor of Public Accounts, or refuse access to the books, records or files, said Supervisor of Public Accounts shall certify the facts and the names of the witnesses so failing and refusing to appear, or refusing access to the books or papers, to the District Court having jurisdiction of the party, a copy of which shall be sent to the Governor; and said Court shall thereupon issue a summons to the said party to appear before the said Supervisor, or his assistant, at a place designated within the jurisdiction of said Court, on a day to be fixed, to be continued as occasion may require, and give such evidence and open for inspection such books and papers as may be required for the purpose of ascertaining whether or not the return so made is a true and correct return as herein required, and whenever it shall appear to the Supervisor that any such person, firm, corporation or association of persons engaged in the handling, sale or distribution of gasoline, benzine, naph- tha or other motor fuel, within the meaning of this Article, has unlawfully made an untrue and incorrect return as herein provided, the Supervisor shall correct the return and shall compute the said tax on same and so certify same to his department as being the amount actually due and owing, and the Super- visor shall concurrently notify such person, firm, corporation or association of persons of such facts; and in the event that such person, firm, corporation or association shall not within five days after such notification, make a cor- rect return and pay the full amount due, the Supervisor of Public Accounts shall, in the name of the State, without deposit or advance costs, enter suit against such person, firm, corporation or association of persons for the amount due, together with such penalties as are provided in this Article. Such suits shall be by rule to show cause within five days why payments should not be made, and shall be tried by preference and may be tried out of term time and in chambers. Section 8. That the tax provided for by this Article having become de- linquent as provided herein, as a penalty for delinquency, the tax debtor shall be subject to penalties as follows: 610 Vol. IV Acts of the Legislature - º: Twenty percent (20%) on the amount of the tax and ten percent (10%) attorney’s fees on both tax and penalties in all cases wherein an attorney is called on to assist in the collection. As a further penalty, any person, firm, corporation or association of persons who shall import into this State for sale, use or consumption any gasoline, benzine, naphtha or other motor fuel, or shall use or consume, sell, offer for sale, hold in storage for sale, use or consumption within this State any gasoline, benzine, naphtha or other motor fuel without having paid the tax herein levied or furnished a bond guarantee- ing the payment of such tax, or who shall fail to make reports to the Super- visor of Public Accounts as herein provided, shall be guilty of a misdeameanor, and upon conviction be fined not to exceed One Thousand ($1,000) Dollars or imprisonment not to exceed two years, or both at the discretion of the Court. Section 9. If any person, firm, corporation or association of persons shall fail to make a report of the sale upon which the tax herein is levied, within the time and in the manner hereinabove prescribed for such report, it shall be the duty of the Supervisor of Public Accounts to examine the books, records and files of such person, firm, corporation or association of persons to ascertain the amount of such sales and compute the tax thereon as provided herein and according to the procedure hereinabove provided where witnesses refuse to testify and access to books and papers is refused; and shall add thereto the cost of such examination. Section 10. That any person, firm, corporation or association of persons who shall intentionally make false oath to any report required by the provisions of this Article shall be guilty of perjury and be subject to all penalties pre- scribed for such crime. It is hereby made the duty of the Supervisor of Public Accounts to collect, supervise and enforce the collection of all taxes that may be due under the provisions of this Article, and to that end the said Supervisor is hereby vested with all of the power and authority conferred by this Article. The Supervisor of Public Accounts shall give bond in favor of the Governor of the State, or his successor in office, in the sum of Ten Thousand ($10,000.00) Dollars con- ditioned on the faithful performance of the duties imposed by him by this Article. The premium on said bond shall be paid out of the appropriation made for expenses of his office. The bond shall be approved by the Governor, and shall be filed in the office of the State Auditor. Section 11. The costs assessed against delinquent persons for the examina- tion of their books, records and files by the Supervisor of Public Accounts, as provided in Section 9 of this Article, shall be collected by the Supervisor and remitted to the State Treasurer in the same manner and at the same time that other collections are remitted, and shall be credited to the designated Boards in the proportions hereinbefore established. The only legal evidence showing payment of the tax herein levied shall be by appropriate form of receipts issued by the Supervisor of Public Accounts similar to that issued by the tax collectors throughout the different parishes, as provided for in the general revenue laws of the State, which receipt shall be signed by the Supervisor of Public Accounts, or by an assistant for him. Section 12. For the purpose of meeting the expenses necessary for the proper enforcement of this Article, the said Supervisor of Public Accounts shall withhold from the first sums realized on the collection of the tax levied here- under a sum not to exceed Twelve Thousand ($12,000.00) Dollars per annum. Section 13. This Article shall go into effect according to the Constitution, and upon its adoption, shall be self-operative, and no further or other legisla- tion shall be required to make it effective. Section 14. The tax herein levied shall not apply to sales to the United States Government or any agency or department thereof, and when such tax is paid by the said United States Government or any agency or department thereof it shall be refunded by the Supervisor of Public Accounts upon proper showing and authentic proof thereof and shall be paid from the funds in the hands of the said Supervisor of Public Accounts which have been collected 611 Vol. IV § Legal Materials under this Article and which have not been paid by the said Supervisor of Public Accounts to the State Treasurer as provided herein. Section 15. That this proposed amendment be submitted to the qualified electors of Louisiana for adoption or rejection at the Congressional election to be held on the first Tuesday next following the first Monday in November, 1930. That the official ballots to be used at said election shall have printed thereon: “For the Public Schools and Ports Amendment to the Constitution of the State of Louisiana”, and the words “Against the Public Schools and Ports Amendment to the Constitution of the State of Louisiana”, and each elector shall indicate as provided in the General Election Laws of this State, whether he votes for or against the said Amendment. ACT 3 OF 1930 E.S. A JOINT RESOLUTION Proposing an amendment to Article VI, Section 22, of the Constitution of the State of Louisiana for the year 1921, as amended, by adding thereto an additional sub-section; providing for gravelled and/or crushed rock and/or shelled surfaced and paved highways and necessary bridges in connection therewith. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of all members elected to the Senate and House of Representatives concurring, that at the next election for Representatives in Congress to be held throughout the State, in November, 1930, there shall be submitted to the electors for adoption or rejection in the manner provided by law, a proposition to amend Article VI, Section 22, of the Constitution of Louisiana of 1921, as amended, by adding thereto an additional subsection, as follows: ARTICLE VI, SECTION 22 (e) That in order to provide ready funds for the construction of paved state highways, and necessary bridges on highways, except as otherwise provided herein, the cost of which bridges, with the exception of those hereinafter named, and any that may be built across the Mississippi River at or near Baton Rouge, shall not exceed One Hundred Thousand ($100,000.00) Dollars each, including approaches, the Louisiana Highway Commission, by and with the consent and approval of the State Advisory Board, herein provided for, shall have and is hereby granted authority and power to fund into bonds of the State of Louisiana such portion of the tax on gasoline, benzine, naphtha or other motor fuel as now provided for by the Constitution and Statutes of the State, said bonds to be general obligations of the State of Louisiana, to run for a period of not exceeding Twenty-Five (25) years from the date of issuance of such bonds, provided that the total amount of bonds which are hereby authorized to be issued and sold shall not exceed the sum of Sixty-Eight Million ($68,000,000.00) Dollars, issued at the rate of not more than Thirty-Five Million ($35,000,000.00) Dollars in any one year; provided further that an additional sum of Seven Million ($7,000,000.00) Dollars, over and above said Sixty-Eight Million ($68,- 000,000.00) Dollars, or as much thereof as may be necessary, may likewise be issued and funded into bonds as herein provided at any time to provide for paying in whole or in part for the construction of a bridge over the Mississippi River at or near New Orleans as hereinafter provided. Said bonds shall be serial and shall have such maturities as may be determined and fixed by said Louisiana Highway Commission, and shall be issue d in such sums and denomina- tions as said commission may determine, for not less than One Thousand ($1,000.00) Dollars each, and may be registered or payable to bearer, in the discretion of said Commission. Such bonds shall be designated and may contain such provisions as may be by said Commission deemed expedient for registration in the name of the holder or for the release thereof from registration, shall bear interest at a rate not exceeding Five Per Centum (5 per cent) per annum, 612 Vol. IV Acts of the Legislature º: shall be payable in principal and interest at such time or times as the Commis- sion may prescribe, beginning Four Years (4) after the date of said bonds and running for a period not to exceed Twenty-Five (25) Years from date of issuance. The interest on said bonds shall be payable semi-annually. The place or places of payment of the principal and interest shall be fixed by said Commis- sion. Said bonds shall be sold to the highest bidder at public sale for not less than par and accrued interest, after advertisement at least once a week for not less than Thirty (30) days by said Commission in New Orleans, Chicago, New York and such other places as said Commission may determine, reserving to said Commission the right to reject any and all bids and re-advertise. The tax now levied under the Constitution and Statutes of the State, on gasoline, benzine, naphtha and other motor fuels in the amount of Four Cents (4%) per gallon shall continue so long as any of the bonds issued hereunder are outstanding and shall primarily be dedicated to the retirement of said bonds and interest thereon. The money arising from the sale of said bonds shall be paid to the State Treasurer for the account of the Louisiana Highway Commission, and shall be devoted exclusively to constructing pave State highways and necessary bridges in connection therewith, except as otherwise provided herein. That the surplus revenue, if any, for each year, over and above the amount necessary to pay the interest and principal for that year shall go into the General Highway Fund to be disbursed according to law. If, by reason of any emergency or exigency, the funds herein specifically pledged for the retirement of bonds to be issued should prove insufficient, then the Louisiana Highway Commission, subject to the approval of the State Advis- ory Board, shall use such other revenues of the Commission as may be neces- sary to meet such principal and interest. Said bonds shall be signed by the Governor, the Auditor, and the Treasurer of the State of Louisiana. Any coupons attached thereto shall bear the fac- simile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of nego- tiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the issue of any such bonds shall be necessary except such as are contemplated by this amendment, which, upon its adoption shall be self-operative, and no further or other legislation shall be required to effect the same. All the proceeds of said Four Cents (4%) per gallon tax shall be paid into the State Treasury, as collected in accordance with existing or hereafter enacted laws in respect to the collection of taxes on gasoline, benzine, naphtha or other motor fuels, as defined by law, and shall be devoted primarily to the payment and retirement of the principal and interest of all bonds to be issued hereunder, and the excess, if any, shall be paid into the General Highway Fund of the Louisiana Highway Commisison, to be used exclusively for the construction and maintenance of State Highways and necessary bridges in connection there- with, except as hereinafter provided; provided, as long as any of the bonds authorized and issued under the provisions of Act 219 of the Legislature of 1928, adopted as an amendment to the Constitution of Louisiana, as afore- said, remain issued and outstanding, it is hereby expressly required that One Cent (1c) per gallon of the tax collected on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be levied, dedicated and set aside primarily for the payment of principal and interest of said outstanding bonds, and all surplus, if any, over and above the amount necessary to pay said outstanding bonds and interest thereon shall be dedicated to the retirement of bonds issued hereunder, subject to the provision that all the surplus at the end of each year not required for principal and interest on said bonds shall be placed to the account of the General Highway Fund. So long as any of the bonds authorized by this Section may remain out- standing and unpaid, it is expressly required that said Four Cents (4c) per gallon tax on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be levied. 613 Vol. IV ſº Legal Materials Should science or invention reduce the use and consumption of gasoline, benzine, naphtha or other motor fuels to such an extent that the tax on such commodities be not sufficient to retire bonds issued hereunder, then the Legisla- ture shall have the authority to levy a tax upon any commodity, substance, appliance or paraphernalia, or said Legislature may impose a license upon the right to sell or make use of such commodity, substance, appliance or parapher- malia, which may be sold or used to generate or supply motor fuel or other power for transportation, to levy such tax or license, or both, as may be neces- sary to retire said bonds issued hereunder and interest thereon, this authority to in no wise affect the tax hereby levied on gasoline, benzine, naphtha or other motor fuels. In the expenditure of the highway funds available for State highways and bridge construction and maintenance not less than Seven Million ($7,000,000.00) Dollars of the total funds available for such purposes, shall be set aside for each of the years 1931, 1932, 1933 and 1934, and used exclusively for the con- struction of gravelled and/or crushed rock and/or shell surfaced highways and necessary bridges, and should there for any reason not be such sum available for the years 1931 and 1932, then the funds realized from the sale of bonds shall be used to such amount as may be necessary to realize the Seven Million ($7,- 000,000.00) Dollars per year for each of said two years. And out of said annual revenues of the said Louisiana Highway Commission the said Commission shall pay over to the City of New Orleans annually the sum of Seven Hundred Thousand ($700,000.00) Dollars payable in four quarterly payments on March 31st, June 30th, September 30th and December 31st, to be used by said city for the maintenance and construction of streets that are either part of or are incidental to the streets which are used as State highways, and by reason of this provision the said City of New Orleans may use an equal amount of such other sums which it may receive under other law for similar purposes en other public works, causes and purposes of said City, and may ievy tax therefor. Provided that all such funds available for construction of gravelled and/or crushed rock and/or shell surfaced highways, as hereinabove provided for and necessary bridges in connection therewith, shall be apportioned among the parishes of the State on the percentage basis, which the total incompleted mileage of each of said parishes on December 31st of the previous year bears to the total incompleted mileage of the entire state. In the construction of said gravelled and/or crushed rock and/or shell surfaced highways and before locating or constructing such highways in the respective parishes, said Highway Commis- sion shall call upon the Police Juries of the respective parishes for their advice as to the location and routes of said gravelled and/or crushed rock, and/or shell surfaced highways, within said parishes. Out of the said bond issue provided herein the said Highway Commission shall construct bridges over the Red River at or near the following locations; Shreveport, Coushatta, Alexandria and Moncla; and bridges over the Atchafalaya, at or near Morgan City and Krotz Springs, and bridges over the Ouachita River, at Monroe, and at or near Sterlington and Harrisonburg, and over the Black River at Jonesville; provided that the said bridges at or near Shreveport and Alexandria shall be in addition to any bridge heretofore constructed at said points; all of which bridges shall be maintained by said Commission and opened to traffic and operated free of all toll charges; provided, that the total cost of all the said bridges shall not exceed the sum of Eight Million ($8,000,000.00) Dol- lars; provided further that in order to secure the construction of a bridge free to travel for vehicles and pedestrians, the said Louisiana Highway Commission shall issue and sell the sum of Seven Million ($7,000,000.00) Dollars, or as much thereof as may be necessary, in bonds, as aforesaid, whenever ordered so to do by the said State Advisory Board and transfer the sum so realized from said sale to the account and credit of said State Advisory Board to be disbursed by said Board in such manner as it deems fit and proper to secure the construction of a bridge over the Mississippi River at or near New Orleans, in conjunction with the New Orleans Public Belt Railroad Commission or anyone else, subject to such terms, conditions and stipulations as the said State Advisorv Board may see fit to make, it being understood that said sum of Seven Million ($7,000,000.00) Dollars is not sufficient to pay the entire cost of such bridge, and that, therefore, said State Advisory Board is vested with the discretion of negotiating for said bridge to be built under such terms and requirements as it is compelled to make, 614 Vol. IV © Act Acts of the Legislature †: the only requirement being that said bridge shall be built according to standards and specifications as the said Louisiana Highway Commission may approve and that the same shall be toll free to all motor cars, automobiles and other vehicles and pedestrians, but railroad traffic is not to be included as free under this requirement. That the paved highway routes to be constructed, and to which the pro- ceeds of the funds herein provided, are available for such construction shall be and are hereby specifically dedicated, shall be those routes or roads laid out upon the accompany map, which map is hereto attached and made a part of this act or amendment. [Map part of act but not included here.] There is hereby created a State Advisory Board composed of nineteen mem- bers, to-wit: The Governor, Lieutenant-Governor, Speaker of the House of Representatives, Secretary of State, Auditor, Treasurer, Attorney General, and President of the Police Jury Association of Louisiana, and of eleven other members to-wit: John Legier of Orleans Parish. E. R. Bernstein of Caddo Parish. Sam Polmer of Terrebonne Parish. W. D. Hill of Rapides Parish. P. M. Atkins of Ouachita Parish. Charles O. Noble of Calcasieu Parish. P. M. Milner of St. Tammany Parish. J. D. O'Keefe of Orleans Parish. . William Pfaff of Orleans Parish. 10. Alfred D. Danziger of Orleans Parish. 11. Charles H. Hamilton of Orleans Parish. The said State Advisory Board, and the members thereof, shall continue in existence and serve during good behavior, and in case of vacancy by death, resignation or otherwise on said State Advisory Board by any member thereof other than the elected officials, the same shall be filled by appointment of the Governor; subject to the approval of a majority of the remaining members thereof including the elected officials. All contracts for the construction of paved highways and necessary bridges in connection therewith, out of said sums realized from the sale of bonds provided for herein, shall be subject to the approval of the State Advisory Board before they shall become effective, and no work shall be done to be paid for out of said funds realized from bonds provided for herein except by contract. Upon the adoption of this amendment to the Constitution of Louisiana the authority to issue and sell bonds as granted by Act 219 of the Legislature of 1928 adopted as an amendment to the Constitution in November, 1928, shall cease and no further bonds shall be issued and sold under said amendment. Section 2. That this proposed amendment be submitted to the qualified electors of Louisiana for adoption or rejection at the Congressional election to be held on the first Tuesday next following the first Monday in November, 1930. That the official ballots to be used at said election shall have printed thereon: “For the Good Roads Amendment to the Constitution of the State of Louisiana”, and the words “Against the Good Roads Amendment to the Con- stitution of the State of Louisiana”, and each elector shall indicate, as provided in the General Election laws of the State, whether he votes for or against the said amendment. ACT |64 OF 1932 [This act was combined with others and incorporated into the Revised Statutes of 1950, 39:661-39:670. All provisions not incorporated were re- pealed.—Ed.] AN ACT To authorize any parish to assume the outstanding bonded debt of road district, or drainage district, or irrigation district, or levee district, or school district, wholly within such parish, and regulating and prescribing the procedure therefor. 615 Vol. IV º: Legal Materials Section 1. Be it enacted by the Legislature of Louisiana, That in order to carry into effect the provisions of subdivision (k) of Section 14 of Article XIV of the Constitution, any parish of the State may assume the outstanding bonded debt of any road district, or drainage district, or irrigation district, or levee district, or school district, wholly within such parish, in the manner and subject to the limitations herein contained. Section 2. ELECTION. No debt of any road district, or drainage district, or irrigation district, or levee district, or school district, shall be assumed here- under until such step shall have been authorized by a vote of a majority in number and amount of the property taxpayers of the parish qualified to vote under the Constitution and laws of this State, who vote at an election held hereunder. The Police Jury of any parish may call a special election and submit to the qualified taxpaying voters the question of assuming the bonded debt of any one, or more, road districts, or drainage districts, or irrigation districts, or levee districts, or school districts, wholly within the parish. The Police Jury shall call a special election for said purpose when requested so to do by a peti- . in writing of one-fourth of the property taxpayers eligible to vote at said election. Section 3. RESOLUTION CALLING ELECTION. Such election shall be ordered by resolution which shall state the amount of debt to be assumed and shall designate one or more of the above mentioned districts whose debt or debts is, or are, to be assumed. Section 4. NOTICE OF ELECTION. Notice of such election shall be given, embracing substantially all matters required to be set forth in the resolution ordering the election, and such notice shall set forth further that the Police Jury ordering the election will, in open session, at an hour, date and place named, proceed to open the ballot boxes, canvass the returns and declare the result. Such notice shall be published for thirty (30) days in a newspaper published in the parish; or, if there be no newspaper published in the parish, such publi- cation shall be made in a newspaper published in an adjourning parish and by posting in three public places in the parish. Four publications in a newspaper once a week shall constitute a publication for thirty (30) days, providing thirty (30) days intervene between the date of the first publication and the date of the election. Section 5. POLLING PLACES; BALLOTS. The Police Jury ordering the election shall designate the polling places, shall provide the ballot boxes, ballots, valuation of property and compiled statement of voters in number and amount, and shall fix the compensation of the election officers. It shall appoint, for each polling place, three commissioners and one clerk of election (all of whom shall be registered voters). Section 6. QUALIFICATIONS OF WOTERS. Only property taxpayers qualified as electors under the Constitution and Laws of this State shall be entitled to vote at any election hereunder. The qualifications of such taxpayers as voters shall be those of age, residence, poll tax payment, and registration as voters, as prescribed by the Constitution and statutes, without regard to sex. There shall be no voting by proxy. Section 7. LIST OF WOTERS. The registrar of voters shall furnish to the election commissioners appointed to hold such elections a list of the taxpayers entitled to vote, together with the valuation of each taxpayer's property, as shown by the assessment roll last made and filed prior to such election, provided that, when any taxpayer's name and valuation of property has been omitted from such list or erroneously entered thereon, the commissioners of election shall have authority to receive affidavits of such taxpayer's right to vote and the proper assessed valuation of his property, which affidavits shall be attached to taxpayer's ballot. No defect or irregularity in, or omission from, the list of voters furnished by the registrar of voters hereunder, shall affect the validity of the election, unless it be established that voters were thereby deprived of : sufficient in number and amount to have changed the result of the election. 616 Vol. IV Acts of the Legislature º: Section 8. CHALLENGING WOTES. If the vote of any taxpayer be chal- lenged, the commissioners of election shall permit him to vote and shall receive in writing the grounds of challenge, signed by the challenger, together with the challenged taxpayer's statement of his asserted right to vote, and shall attach such challenge and statement to his ballot. Section 9. FORM OF BALLOT. The ballots to be used at a special election hereunder shall be in substantially the following form, viz: Shall. . . . . . . . . . . . . . • e e s s e e e s e e º e º e º 'º e º e e º 'º e s is e s e s e e º e s e e (Name of Parish) assume the outstanding bonded indebtedness Yes of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * c e º ºs e º is e º ºs e s is a tº e º is e º 'º e º e º ºs e s tº e º e º e * * * * * * * * * * * * * * * * * c e º e º e º e º e e º e º e s e s e e s e e s e e s e e º e s e (Signature of Voter.) NOTICE TO WOTERS: To vote in favor of the proposition submitted on this ballot, place a cross (X) mark in the square opposite the word “YES”; to vote against it, place a similar mark opposite the word “NO”. -- Section 10. ELECTION OF OFFICERS: SUBSTITUTES. If any com- missioner or clerk of election be unable, or fails or neglects to attend or serve at the polling-place designated at the hour fixed for opening, or within one hour thereafter, the commissioners present shall appoint, or, in the absence of all commissioners, the voters present shall elect the necessary number of com- missioners and clerks, who shall have the same powers, compensation and duties, as other commissioners and clerks and shall serve in the place and stead of the absentee or delinquent appointees. Section 11. ELECTION OFFICERS: OATHS. Commissioners and clerks of such elections, before opening the polls, shall be sworn to perform all the duties incumbent on them as such, the oath to be taken before any officer authorized to administer oaths, or by the clerk and each commissioner before any other commissioner, such commissioners of election being authorized to administer any oath and to receive any affidavit provided for in this Act. Section 12. WOTING. Each voter's name shall be written on his ballot. The commissioners of election shall receive the ballot of each voter, check his name on the list of voters furnished by the registrar as having voted, enter and number his name on the list of taxpayers voting, and immediately deposit his ballot in the ballot box, reserving to each voter the right to so fold his ballot that it shall not be known at the time of voting whether he voted for or against the proposition or propositions submitted. Section 13. OPENING AND CLOSING POLLS. The polls shall open, on the day appointed, at seven o'clock A. M. and shall remain open until and not later than six o'clock P. M. No election shall be vitiated by a failure to open the polls at the time prescribed, or by closing before the time prescribed, unless, on a contest, it be established that voters were thereby deprived of votes suffi- cient in number and amount to have changed the result of the election. Section 14. COUNTING BALLOTS. Immediately after the closing of the polls, the commissioners shall, in the presence of the bystanders open the ballot boxes, count the ballots found therein, check the same with the list of voters kept, proceed to count the votes in number and amount, keep in duplicate tally sheets showing the votes in number in favor of and against the proposition or propositions submitted and showing the valuation of property in favor of and against same, make in duplicate a compiled statement of the vote in num- ber and amount, both in favor and against each proposition or propositions. 617 Vol. IV ; Legal Materials After swearing to the correctness of the numbered list of voters, the duplicate tally sheets and duplicate compiled statements, they shall deposit the ballots, the registrar's list of voters, the numbered list of taxpayers voting, one duplicate tally sheet and one duplicate compiled statements, in the ballot box, immediately seal the said ballot box and within forty-eight hours after the closing of the polls, deliver said sealed ballot box with its contents to the Police Jury ordering such election, and shall, within the said period, deliver the duplicate tally sheet and the duplicate compiled statement to the Clerk of the District Court of the parish in which such election has been held, who shall file the same in his office. If the election commissioners, on counting the ballots, find that they do not correspond with the list of voters, they shall before examining and counting the ballots, examine the same for the purpose of finding the discrepancy and if it should be found that any ballots have been duplicated the same shall be destroyed, or if it be found that the name of a voter has been omitted from the list of persons voting, the same shall be added to said list. Section 15. CANVASS OF RETURNS. On the day and hour and at the place named in the notice of election, the Police Jury ordering the election shall, in public session, open the ballot boxes, examine and count the ballots in number and amount, examine and canvass the returns and declare the result of such election. The result shall be promulgated by publication in one issue of a newspaper published in the parish, or in an adjoining parish where no newspaper is published in the parish. Section 16. PROCESS VERBAL. The Police Jury ordering the election shall keep a process verbal of the canvass and shall forward a certified copy thereof to the Secretary of State, who shall record the same, another certified copy to the Clerk of the District Court, who shall also record said copy in the Mortgage Records, and the remaining copy shall be retained in the archives of the office of the Police Jury ordering the election. Section 17. PRESERVATION OF BALLOTS. The custodian of the archives or records of the Police Jury ordering such election shall preserve, for a period of three months from the date of the promulgation of such election, the ballots and other returns thereof. Section 18. RESOLUTION ASSUMING DISTRICTS’ DEBT. If a majority in number and amount of the qualified property taxpayers voting at such election shall vote in favor of the proposition for the parish to assume the outstanding bonded debt of any road district, or drainage district, or irrigation district, or levee district, or school district, wholly within such parish, the Police Jury, after promulgation of the result of such election shall by resolution, on behalf of such parish, assume such outstanding bonded debt, which shall be fully set forth in the resolution as to the amount, rate of interest, maturity, numbers, denominations and places of payment. Section 19. LIABILITIES CHARGED AND RIGHTS WESTED: DISTRICT OBLIGATION NOT AFFECTED. Upon the adoption of the resolution provided for in the preceeding section, such parish shall succeed to and become charged with all the liabilities and duties with respect to the assumption of said bonded indebtedness, and shall succeed to and be vested with all the rights, revenues, resources, jurisdiction, authority and powers, with respect to the bonded debt assumed, of the district or districts whose debt shall have been assumed, under and by authority of this Act. The Police Jury is empowered and obligated to apply such revenues and resources of the District or Districts whose bonded indebtedness have been assumed to the payment, in principal and interest, of the entire debt assumed. Nothing herein contained however shall operate to extinguish the corporate existence of any road district, or drainage district, or irrigation district, or levee district, or school district whose debt shall have been assumed as herein provided, and such districts shall continue to exist as a corporate entity until all debts and obligations have been paid. Section 20. LEVY OF TAXES. It shall be the duty of the Police Jury of any parish assuming the outstanding bonded debt of any road or drainage district, or irrigation district, or levee district, or school district hereunder, to 618 Vol. IV Acts of the Legislature *::: impose and collect annually, in excess of all other taxes, a tax on all the property subject to taxation by the parish under the Constitution and Laws of Louisiana, sufficient in amount to pay the interest annually or semi-annually, and the principal falling due each year. Such tax shall be levied and collected by the same officers, at the same time and in the same manner as the general taxes of the parish. Should any parish neglect or fail for any reason to impose or collect sufficient taxes for the payment of the principal or interest of any bonded indebtedness assumed hereunder, any person in interest may enforce imposition and collection thereof in any court having jurisdiction of the subject matter, and any suit, action or proceeding brought by such person, in interest shall be a preferred cause, and shall be heard and disposed of without delay. In the event of any default in the imposition and collection of taxes required for the payment of the principal and interest on any bonded debt assumed hereunder, the taxation officers of the State are hereby authorized and directed to impose and collect said taxes and shall certify the same, and cause the same to be imposed and collected at the same time and in the same manner as the taxes for state purposes are imposed and collected in the parish assuming the debt. All the articles and provisions of the Constitution of 1921, and all the laws in force or that may be hereafter enacted, regulating and relating to the collection of said taxes and tax sales, shall also apply to and regulate the collection of the special taxes imposed under the provisions of this Act, through the officers whose duty it shall be to collect the taxes and moneys due the parish imposing such special taxes. Section 21. SAVING CLAUSE AFFECTING PROCEEDINGS. Any pro- ceedings heretofore had for the purpose of authorizing any parish to assume the outstanding bonded debt of any road district, or drainage district, or irrigation district, or levee district, or school district, including any election heretofore held, are hereby validated and confirmed, and nothing contained in this Act shall affect any proceedings heretofore begun by the Police Jury of any parish to assume the debt of any road, or drainage district, or irrigation district, or levee district, or school district, but said proceedings may be completed under this Act so far as the same can be made applicable thereto. Section 22. NO OTHER STATUTES APPLICABLE. This Act, without reference to any other Act of the Legislature of Louisiana, shall be full authority for the assumption of the outstanding bonded debt of road districts, or drainage districts, or irrigation districts, or levee districts, or school districts, by the parish in this Act authorized. No ordinance, resolution or proceeding in respect to the assumption of any outstanding bonded debt of any road district, or drainage district, or irrigation district, or levee district, or school district, shall be neces- sary, except such as are required by this Act. No promulgation or publication of any resolution, ordinance or proceeding relating to the assumption of said debt shall be necessary, except such as is required by this Act. Any publication prescribed hereby may be made in any newspaper conforming to the terms of this Act, without regard to designation thereof as the official journal of the parish. Section 23. CONTEST, TIME LIMITED. For a period of sixty (60) days from the date of the promulgation of the result of any election held under the provisions of this Act, any person in interest shall have the right to contest the legality thereof, the assumption of debt provided hereunder, or the tax authorized, for any cause; after which time, no one shall have any cause or right of action to contest the legality, formality or regularity of said election, debt assumption, or tax levy, for any cause whatsoever. If the validity of any election, debt assumption or tax levy authorized or provided for under the provisions of this Act be not raised within the sixty (60) days herein prescribed, the authority to assume such debt, the regularity thereof and of the taxes necessary to pay the same shall be conclusively presumed and no court shall have authority to inquire into such matters. If any resolution be adopted or proceeding had more than thirty (30) days after the promulgation of the result of the election, no contest, action or proceeding to question the authoriy or legaliy of such resolution or proceeding so adopted shall be begun in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the date when the resolution was adopted or proceeding had. 619 Vol. IV ſ: Legal Materials Section 24. PENALTY FOR VIOLATIONS. The commissioners and clerks of election held under the provisions of this Act shall have the powers and duties in conducting said election, and in preserving order at the polls, as are conferred and imposed upon similar officers under the general election laws of this State. Whatever is declared in the general election laws to be a felony, other crime or misdemeanor, shall be such for any election held under the provision of this Act and shall be punished in the same manner. Section 25. TERM DEFINED. The term “road district” or “road dis- tricts,” as used herein shall include any road district, sub-road district or con- solidated road district now existing or hereafter formed as subdivisions of this State. Section 26. OTHER ELECTIONS. It shall be permissible for the Police Jury of any parish to submit the question of the assumption of road district, or drainage district, or irrigation district, or levee district, or school district debt to the qualified taxpaying voters at the same time that an election shall be ordered for the purpose of incurring debt and issuing bonds authorized by existing law or laws to be hereafter enacted; provided, if more than one propo- sition be submitted at the same special election, each proposition shall be so submitted on the ballot and shall be so stated in the notice of election so as to enable the voter to vote thereon separately. Section 27. REPEALING CLAUSE. All laws or parts of laws in confict herewith, insofar only as they are in conflict herewith, are hereby repealed. Section 28. This Act shall become operative if and when Act No. . . . . of the Legislature of Louisiana for the year 1932, a joint resolution proposing an amendment to subsection (k) of Section 14 of Article XIV of the Consti- tution of Louisiana, relative to any parish assuming the outstanding bonded indebtedness of districts wholly within such parish, has been ratified. ACT NO. 2 OF 1934 A JOINT RESOLUTION Proposing to amend and re-enact Section 22 of Article VI of the Constitution of the State of Louisiana for the year 1921, relative to the General High- way Fund of the State of Louisiana. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of all members elected to the Senate and House of Representatives concurring, that at the next election for Representatives in Congress to be held through- out the State, in November, 1934, there shall be submitted to the electors for adoption or rejection in the manner provided by law, a proposition to amend and re-enact Section 22, Article VI, of the Constitution of Louisiana of 1921. as follows: ARTICLE VI, SECTION 22 The General Highway Fund shall be derived from the following sources: (a) The Legislature shall impose an annual graded license tax upon all motor vehicles used on the public highways of this State, as follows: On automobiles for private use, an annual minimum license tax of Seven Dollars and Fifty Cents ($7.50), to be graded up from this amount based upon weight and horse power, either or both. On trucks or automobiles used in the transportation of passengers or freight, or for the delivery of or carrying of goods or merchandise, an annual minimum license tax of Twenty ($20.00) Dol- lars, to be graded up from this amount based upon horse power and carrying capacity or weight, any or all; provided, that such trucks as are used exclusive- ly by farmers in carrying farm produce raised on their own farms to the mar- ket, and carrying goods and merchandise back to their farms, are hereby ex- empt from this license tax, and are to be taxed in the sum of Three ($3.00) Dollars, for each truck of one and one-half (1 1-2) ton capacity or under. 620 Vol. IV Acts of the Legislature º: On all motorcycles, an annual minimum license tax of Five ($5.00) Dollars, to be graded up from this amount based upon horse power and carrying ca- pacity, either or both. All licenses collected as above provided in the parishes covered by the provisions of Act No. 18 of the Special Session of the Legislature of 1918, to an amount therein authorized, shall be dedicated and set aside as provided in said Act. On all other vehicles using the public roads the Legislature is authorized to impose an annual graded license tax, based upon carrying capacity and ton- nage, either or both. The vehicular license tax levied under this Constitution for the General Highway Fund, or imposed thereunder by the Legislature, shall be collected by the Secretary of State (unless and until otherwise provided by law), and the Legislature shall provide such additional compensation and office expenses as . be necesary to carry the provisions of this constitutional provision into effect. On gasoline, benzine, naphtha and other motor fuels, as defined by law, when sold, used or consumed in the State of Louisiana, there shall be levied a tax not to exceed four (4c) cents per gallon, to be collected as prescribed by law. On all kerosene the Legislature may impose a tax to be collected and the proceeds used for such purposes as may be prescribed by law. On all other explosives used in the generation of motive power, the Legis- lature may impose a tax to be collected as may be prescribed by law. The Legislature shall have the authority to pass to the General Highway Fund any monies derived from any other source. Hereafter the parishes of the State shall be relieved of all further costs and charges for the construction and maintenance of State Highways, and the º shall be wholly supported out of the highway funds raised in accordance erewith. (b) All funds for the account of the General Highway Fund shall be paid into the State Treasury. (c) Except as otherwise provided in this amendment, or until otherwise provided by Constitutional amendment, no debt shall be created or certificates of indebtedness or bonds issued, to be paid in the future out of the proceeds realized from any State tax or license to be collected under and by virtue of this section, or imposed thereunder by the Legislature, but the said licenses and taxes shall be collected from year to year and expended for the purpose of the construction and maintenance of the system of State highways and bridges. (d) That in order to provide ready funds for the payment of the de- ficit of the Louisiana Highway Commission growing out of valid contractual and other obligations entered into or incurred by said Commission prior to May 21, 1928, and in order to construct paved State Highways and necessary bridges in connection therewith, the Board of Liquidation of the State Debt of Louisiana shall have authority to fund, from time to time, such proportion of said tax as is represented by one cent (1c) per gallon on gasoline, benzine, naphtha or other motor fuel, as hereinabove provided, to run for a period not exceeding twenty (20) years. Said bonds shall be serial and shall have such maturities as may be determined and fixed by the said Board, and shall be issued in such sums and denominations as said Board may determine, for not less than Five Hundred ($500.00) Dollars each, and may be registered or pay- able to bearer, in the discretion of said Board. Such bonds shall be designated and may contain such provisions as may be by said Board deemed expedient for registration in the name of the holder or for the release thereof from regis- tration, shall bear interest at the rate not exceeding five per centum (5%) per annum, shall be payable in principal and interest in such time or times as the Board may prescribe, not to exceed twenty (20) years from date of issuance, for the payment of the entire principal and interest, and the place or places of payment of principal and interest shall be fixed by said Board. Said bonds shall be sold to the highest bidder at public sale for not less than par and ac- crued interest, after advertisement at least once a week for not less than thirty 621 Vol. IV º: Legal Materials (30) days by said Board in New Orleans, Chicago, New York and such other places as said Board may determine, reserving to said Board the right to re- ject any and all bids, and readvertise. The money arising from the sale of said bonds shall be paid to the State Treasurer for the account of the Louisiana Highway Commission, and the avails thereof shall be first devoted to the repayment of all sums borrowed or to be borrowed to apply to said deficit and to cover balance, if any, of said deficit not met by said loan, and all other proceeds of said bonds, as the same are issued from time to time shall be devoted exclusively to constructing paved State highways and necessary bridges in connection therewith. All contracts for the construction of such paved State highways and neces- sary bridges shall be subject to the approval of the Board of Liquidation of the State Debt and shall not become operative until such approval is obtained. Said bonds shall be signed by the Governor, the Auditor, and the Treasurer of the State of Louisiana. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the quality of negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or de- fect in the proceedings for the issue and sale thereof and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the issue of any such bonds shall be neces- sary, except such as are contemplated by this amendment, which, upon its adoption, shall be self-operative, and no further or other legislation shall be required to effect the same. All the proceeds of said one (1c) cent per gallon tax shall be paid into the state Treasury, as collected in accordance with existing or hereafter en- acted laws in respect to the collection of taxes on gasoline, benzine, naphtha or other motor fuels as defined by law, and shall be devoted primarily to the pay- ment and retirement of the principal and interest of all bonds to be issued hereunder, and the excess, if any, shall be paid into the General Highway Fund of the Louisiana Highway Commission, to be used exclusively for the construc- tion of paved State highways and necessary bridges in connection therewith. So long as any of the bonds authorized by this Section may remain out- standing and unpaid, it is expressly required that said one (1c) cent per gallon tax on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be levied. (e) In order to provide ready funds for the construction of paved State highways, and necessary bridges on highways, except as otherwise provided herein, the cost of which bridges, with the execption of those hereinafter named, and any that may be built across the Mississippi River at or near Baton Rouge, shall not exceed One Hunderd Thousand ($100,000.00) Dollars each, including approaches, the Louisiana Highway Commission, by and with the consent and approval of the State Advisory Board, herein provided for, shall have and is hereby granted authority and power to fund into bonds of the State of Loui- siana such portion of the tax on gasoline, benzine, naphtha or other motor fuels as now provided for by the Constitution and Statutes of the State, said bonds to be general obligations of the State of Louisiana, to run for a period of not exceeding Twenty-five (25) years from the date of issuance of such bonds, provided that the total amount of bonds which are hereby authorized to be issued and sold shall not exceed the sum of Sixty-Eight Million ($68,- 000,000.00) Dollars, issued at the rate of not more than Thirty-Five Million ($35,000,000.00) Dollars in any one year; provided further that additional sum of Seven Million ($7,000,000.00) Dollars, over and above said Sixty-Eight Mil- lion ($68,000,000.00) Dollars or as much thereof as may be necessary, may likewise be issued and funded into bonds as herein provided at any time to provide for paying in whole or in part for the construction of a bridge over the Mississippi River at or near New Orleans as hereinafter pro- vided. Said bonds shall be serial and shall have such maturities as may be determined and fixed by said Louisiana Highway Commission, and shall be issued in such sums and denominations as said Commission may determine, for not less than One Thousand ($1,000.00) Dollars each, and may be regis- tered or payable to bearer, in the discretion of said Commission. Such bonds 622 Vol. IV Acts of the Legislature *::: shall be designated, and may contain such provisions as may be by said Com- mission deemed expedient for registration in the name of the holder or for the release thereof from registration, shall bear interest at a rate not exceeding five per centum (5%) per annum, shall be payable in principal and interest at such time or times as the Commission may prescribe, beginning four (4) years after the date of said bonds and running for a period not to exceed twenty-five (25) years from date of issuance. The interest on said bonds shall be payable semi-annually. The place or places of payment of the principal and interest shall be fixed by said Commission. Said bonds shall be sold to the high- est bidder at public sale for not less than par and accrued interest, after ad- vertisement at least once a week for not less than thirty (30) days by said Commission in New Orleans, Chicago, New York and such other places as said Commission may determine, reserving to said Commission the right to reject any and all bids and readvertise. The tax now levied under the Constitution and Statutes of the State, on gasoline, benzine, naphtha and other motor fuels in the amount of four (4c) cents per gallon shall continue so long as any of the bonds issued hereunder are outstanding and shall primarily be dedicated to the retirement of said bonds and interest thereon. The money arising from the sale of said bonds shall be paid to the State Treasurer for the account of the Louisiana Highway Commission, and shall be devoted exclusively to constructing paved State highways and necessary bridges in connection therewith except as otherwise provided herein. That the surplus revenue, if any, for each year, over and above the amount necessary to pay the interest and principal for that year shall go into the Gen- eral Highway Fund to be disbursed according to law. If, by reason of any emergency or exigency, the funds herein specifically pledged for the retirement of bonds to be issued should prove insufficient, then the Louisiana Highway Commission, subject to the approval of the State Ad- visory Board, shall use such other revenues of the Commission as may be necessary to meet such principal and interest. Said bonds shall be signed by the Governor, the Auditor and the Treasurer of the State of Louisiana. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof and shall be incontest- able in the hands of bona fide purchasers or holders thereof No proceedings in respect to the issue of any such bonds shall be necessary except such as are contemplated by this amendment, which, upon its adoption shall be self-operative, and no further or other legislation shall be required to effect the same. All the proceeds of said four (4c) cents per gallon tax shall be paid into the State Treasury, as collected in accordance with existing or hereafter en- acted laws in respect to the collection of taxes on gasoline, benzine, naphtha or other motor fuels, a defined by law, and shall be devoted primarily to the pay- ment and retirement of the principal and interest of all bonds to be issued here- under, and the excess, if any, shall be paid into the General Highway Fund of the Louisiana Highway Commission, to be used exclusively for the con- struction and maintenance of State highways and necessary bridges in con- nection therewith, except as hereinafter provided; provided, as long as any of the bonds authorized and issued under the provisions of Act 219 of the Legis- lature of 1928, adopted as an amendment to the Constitution of Louisiana, as aforesaid, remain issued and outstanding, it is hereby expressly required that one (1c) cent per gallon of the tax collected on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be levied, dedicated and set aside primarily for the payment of principal and interest of said outstanding bonds, and all surplus, if any, over and above the amount necessary to pay said out- standing bonds and interest thereon shall be dedicated to the retirement of bonds issued hereunder, subject to the provision—that all the surplus at the end of each year not required for principal and interest on said bonds shall be placed to the account of the General Highway Fund. 623 Vol. IV *::: Legal Materials So long as any of the bonds authorized by this Section may remain out- standing and unpaid, it is expressly required that said four (4c) cents per gal- lon tax on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be levied. Should science or invention reduce the use and consumption of gasoline, benzine, naphtha or other motor fuels to such an extent that the tax on such commodities be not sufficient to retire bonds issued hereunder, then the Legis- lature shall have the authority to levy a tax upon any commodity, substance, appliance or paraphernalia, or said Legislature may impose a license upon the right to sell or make use of such commodity, substance, appliance or parapher- malia, which may be sold or used to generate or supply motor fuel or other power for transportation to levy such tax or license, or both, as may be necessary to retire said bonds issued hereunder and interest thereon, the authority to in #. º affect the tax hereby levied on gasoline, benzine, naphtha or other U18|S. In the expenditure of the highway funds available for State Highways and bridge construction and maintenance not less than Seven Million ($7,000,000.00) Dollars of the total funds available for such purpose, shall be set aside for each of the years 1931, 1932, 1933 and 1934, and used exclusively for the construc- tion of graveled and/or crushed rock and/or shell surfaced highways and neces- sary bridges, and should there for any reason not be such sum available for the years 1931 and 1932, then the funds realized from the sale of bonds shall be used to such amount as may be necessary to realize the Seven Million ($7,- 000,000.00) Dollars per year for each of said two years; provided that all or any portion of the proceeds of the bonds hereinabove authorized but remaining unsold and in no event, less than Seven Million ($7,000,000.00) Dollars of the proceeds of said authorized and unsold bonds shall be and the same are hereby expressly dedicated to the fund authorized, and set aside for the construction of such graveled and/or crushed rock and/or shell surfaced highways and necessary bridges hereinabove authorized and shall not be used for any other purpose whatsoever. Provided further, that all such funds available for con- struction of graveled and/or crushed rock and/or shell surfaced highways, as hereinabove provided for and necessary bridges in connection therewith, shall be apportioned among the parishes of the State on the percentage basis which the total incompleted mileage of each of said parishes on December 31st of the previous year bears to the total incompleted mileage of the entire State. In the construction of said graveled and/or crushed rock and/or shell surfaced high- ways and before locating or constructing such highways in the respective par- ishes, said Highway Commission shall call upon the Police Juries of the re- spective parishes for their advice as to the location and routes of said graveled and/or crushed rock and/or shell surfaced highways within said parishes. Out of the said bond issue provided herein the said Highway Commision shall construct bridges over the Red River at or near the following locations: Shreveport, Coushatta, Alexandria, and Moncla; and bridges over the Atchafalaya, at or near Morgan City and Krotz Springs, and bridges over the Ouachita River, at Monroe, at or near Sterlington and Harrisonburg, and over the Black River at Jonesville; provided that the said bridges at or near Shreveport and Alex- andria shall be in addition to any bridge heretofore constructed at said point; all of which bridges shall be maintained by said Commission and opened to traffic and operated free of all toll charges; provided that the total cost of all the said bridges shall not exceed the sum of Eight Million ($8,000,000.00) Dol- lars; provided, further, that in order to secure the construction of a bridge free to travel for vehicles and pedestrians, the said Louisiana Highway Com- mission shall issue and sell the sum of Seven Million ($7,000,000.00) Dollars or as much thereof as may be necessary, in bonds, as aforesaid, whenever or- dered so to do by the said State Advisory Board and transfer the sum so realized from said sale to the account and credit of said Advisory Board to be disbursed by said Board in such manner as it deems fit and proper to secure the construction of a bridge over the Mississippi River at or near New Orleans, in conjunction with the New Orleans Public Belt Railroad Commission or any- one else, subject to such terms, conditions and stipulations as the said State Advisory Board may see fit to make, it being understood that said sum of Seven Million ($7,000,000.00) Dollars is not sufficient to pay the entire cost of 624 Vol. IV Acts of the Legislature º: such bridge, and that, therefore, said State Advisory Board is vested with the discretion of negotiating for said bridge to be built under such terms and re- quirements as it is compelled to make, the only requirement being that said bridge shall be built according to standards and specifications as the said Louis- iana Highway Commission may approve and that the same shall be toll free to all motor cars, automobile and other vehicles and pedestrians, but rail- road traffic is not to be included as free under this requirement. The paved highway routes to be constructed, and to which the proceeds of the funds herein provided are available for such construction shall be and are hereby specifically dedicated, shall be those routes or roads laid out upon the accompanying map, which map is hereto attached and made a part of this act or amendment. [Map included in Act but omitted here.] There is hereby created a State Advisory Board composed of nineteen (19) members, to wit: The Governor, Lieutenant Governor, Speaker of the House of Representatives, Secretary of State, Auditor, Treasurer, Attorney General, and the President of the Police Jury Association of Louisiana, and of eleven (11) other members, to wit: John Legier of Orleans Parish E. Bernard Weiss of Caddo Parish Sam Polmer of Terrebonne Parish W. D. Hill of Rapides Parish P. M. Atkins of Ouachita Parish Charles O. Noble of Calcasieu Parish P. M. Milner of St. Tammany Parish William Pfaff of Orleans Parish Alfred D. Danziger of Orleans Parish The said State Advisory Board, and the members thereof, shall continue in existence and serve during good behavior, and in case of vacancy by death, resig- nation or otherwise on said State Advisory Board by any member thereof other than the elected officials, the same shall be filled by appointment of the Governor, subject to the approval of a majority of the remaining members thereof including the elected officials. All contracts for the construction of paved highways and necessary bridges in connection therewith, out of said sums realized from the sale of bonds pro- vided for herein, shall be subject to the approval of the State Advisory Board before they shall become effective, and no work shall be done to be paid for out of said funds realized from bonds provided for herein except by contract. Upon the adoption of this amendment to the Constitution of Louisiana the authority to issue and sell bonds as granted by Act 219 of the Legislature of 1928, adopted as an amendment to the Constitution in November, 1928, shall cease and no further bonds shall be issued and sold under said amendment. Section 2. That this proposed amendment be submitted to the qualified electors of Louisiana for adoption or rejection at the Congressional election to be held on the first Tuesday next following the first Monday in November, 1934. That the official ballots to be used at said election shall have printed thereon: “For the Amendment to the Constitution of the State of Louisiana relative to the General Highway Fund,” and the words “Against the Amendment to the Constitution of the State of Louisiana relative to the General Highway Fund,” and each elector shall indicate, as provided in the General Election Laws of the State, whether he votes for or against the said amendment. ACT 21 OF | 934 [This act was incorporated into the Revised Statutes of 1950, 47:21-47:285. Act 445 of 1950, and Acts 3, 4, and 120 of 1952 amended these sections of the Revised Statutes.—Ed.] To provide for property tax relief by the levying, collecting and paying of taxes on incomes; providing for rules and regulations and prescribing penalties; 625 Vol. IV º: Legal Materials providing for the collection of said tax by the Supervisor of Public Accounts, who shall be the chief administrator of this Act; providing for the creation of a Board of Tax Appeals, and making an appropriation for carrying out this Act. TITLE I–INCOME TAX Subtitle A–Introductory Provisions Section 1. Be it enacted by the Legislature of Louisiana, That there shall be levied, collected and paid, for each taxable year, upon the net income of every person residing within the State, or by his personal representative in the event of death, and by every non-resident of the State, upon such income as is derived from property located, or from business transacted, within the State, except as hereinafter exempted, and upon the net income, in excess of Three Thousand ($3,000.00) Dollars, of every corporation, the taxes hereinafter set out; and every natural person domiciled in the State of Louisiana, and every other natural person who maintains a permanent place of abode within the State or spends, in the aggregate, more than that six months of the income year within the State, shall be presumed to be residing within the State for the purpose of determining liability for income taxes and Surtaxes. As a matter of convenience in the administration of this Act, the following title, subtitles, classifications, etc., are provided as follows, to-wit:— Section 2. Cross References. The cross references in this title to other portions of the title, where the word “see” is used, are made only for conveni- ence, and shall be given no legal effect. Section 3. Classification of Provisions. The provisions of this Act are herein classified and designated as- Subtitle A–Introductory provisions, Subtitle B–General provisions, divided into Parts and Sections, Subtitle C–Supplemental provisions, divided into Supplements and Sections. Section 4. Special Classes of Taxpayers. The application of the general provisions and of Supplements A and B, inclusive, to each of the following special classes of taxpayers, shall be subject to the exceptions and additional provisions found in the supplement applicable to such class, as follows: (a) Estates and trusts and beneficiaries thereof, Supplement C. (b) Members of Partnerships—Supplement D. (c) Insurance companies, Supplement E. (d) Foreign corporations,—Supplement F. (e) Assessment and collection of deficiencies, Supplement G. (f) Interest and Additions to the tax,−Supplement H. (g) Claims against Transferee and Fiduciaries, Supplement I. (h) Overpayments, Supplement J. SUBTITLE B GENERAL PROVISIONS Part I–Rates of Tax Section 5. The normal tax to be assessed, levied, collected and paid upon the taxable income of an individual shall be computed at the following rates: (a) Two per centum (2 per cent) on the first Ten Thousand ($10,000.00) Dollars of net income; (b) Four per centum (4 per cent) on the next Forty Thousand ($40,000.00) Dollars of net income; (c) Six per centum (6 per cent) on any amount of net income in excess of Fifty Thousand ($50,000.00) Dollars of net income. Section 6. The tax to be assessed, levied, collected and paid upon the net income, in excess of Three Thousand ($3,000.00) Dollars, of every corporation shall be computed as follows, viz: 626 Vol. IV Acts of the Legislature º: Four (4 per cent) percentum upon the amount of said net income; pro- vided that the net income of every corporation shall be presumed to be the same as the entire net income on which the corporation pays a tax to the United States, subject to the exemptions and limitations hereinabove or here- inafter set forth. Part II—Computation of Net Income Section 7. “Net Income” means the gross income computed under Sec- tion 6, less the deductions allowed by Section 9. Section 8. Gross Income. (a) General Definition—“Gross income” includes gains, profits, and income derived from salaries, wages, or compensation for personal services, of whatever kind and in whatever form paid, or from professions, vocations, trades, busi- nesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever. (b) The following items shall not be included in gross income and shall be exempt from taxation under this title: (1) Amounts received under life insurance policies and contracts paid by reason of the death of the insured. (2) Amounts received (other than amounts paid by reason of the death of the insured) under life insurance, endowment or annuity contracts, either dur- ing the term or at maturity or upon surrender of the contract, equal to the total amount of premiums paid thereon. In the case of a transfer for a valuable consideration, by assignment or otherwise, of a life insurance, endowment, or annuity contract, or any interest therein, only the actual value of such consideration and the amount of the premiums and other sums subsequently paid by the transferee shall be exempt from taxation under caption (b) of this Section 8; (3) The value of property acquired by gift, bequest, devise, or inheritance (but the income from such property shall be included in gross income); (4) Amounts received through accident or health insurance or under work- men's compensation Acts, as compensation for personal injuries or sickness, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness; (5) The rental value of a dwelling house and appurtenances thereof fur- nished to a minister of the gospel as a part of his compensation; (c) Inventories.—Whenever, in the opinion of the Supervisor of Public Accounts, the use of inventories is necessary in order clearly to determine the income of any taxpayer, inventories shall be taken by such taxpayer upon such basis as the Supervisor may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income. (d) Distribution by Corporations.—Distributions by corporations shall be taxable as provided in Section 32. ... (e) Determination of Gain or Loss–In the case of a sale or other dis- position of property, the gain or loss shall be computed as provided in Sec- tion 28. & (f) Gross Income from Sources Within and Without the State of Louisi- ana.-For computation of gross income from sources within and without the State of Louisiana, see Section 34. Section 9. Deductions from Gross Income.—In computing net income there shall be allowed as deductions: (a) Expenses.—All the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including a rea- sonable allowance for salaries or other compensation for personal services actually rendered; traveling expenses (including the entire amount expended for 627 Vol. IV #: Legal Materials meals and lodging) while away from home in the pursuit of a trade or business; and rentals or other payments required to be made as a condition to the con- tinued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity. (b) Interest.—All interest paid or accrued within the taxable year on indebtedness, except (1) on indebtedness the interest upon which is wholly exempt by law from the taxes imposed by this Act or (2) on indebtedness incurred or continued, or the proceeds of which were used, in connection with the purchasing or carrying of an annuity. (c) Taxes Generally.—Taxes paid within the taxable year, except— (1) Taxes imposed by this Act; (2) Federal income, war-profits, and excess profit taxes; (3) Taxes imposed by the authority of any state, territory, or possession of the United States (except taxes paid to the State of Louisiana and its sub- divisions) nor to any foreign country. (4) Estate, inheritance, legacy, succession, any gift taxes; and (5) Taxes assessed against local benefits of a kind tending to increase the value of the property assessed; but this paragraph shall not exclude the allowances as a deduction of so much of such taxes as is properly allocable to maintenance or interest charges. (d) Taxes of Shareholders Paid by Corporation.—The deduction for taxes allowed by Subsection (c) shall be allowed to a corporation in the case of taxes imposed upon a shareholder of the corporation upon his interest as shareholder which are paid by the corporation without reimbursement from the shareholder, but in such cases no deduction shall be allowed the shareholder for the amount of such taxes. (e) Losses by Individuals.-In the case of an individual, losses sustained during the taxable year and not compensated for by insurance or otherwise— (1) if incurred in trade or business; or (2) if incurred in any transaction entered into for profit, though not con- nected with the trade or business; or (3) of property not connected with the trade or business, if the loss arises from fires, storms, shipwrecks, or other casualty, or from theft. No loss shall be allowed as a deduction under this paragraph if at the time of the filing of the return such loss has been claimed as a deduction for estate tax purposes in the estate tax return. (f) Losses by Corporations.—In the case of a corporation, losses sus- tained during the taxable year and not compensated for by insurance or other- WISE. (g) Wagering Losses.—Losses from wagering transactions shall be allowed only to the extent of gains from such transactions. (h) Basis for Determining Loss.-The basis for determining the amount of deduction for losses sustained, to be allowable under Subsection (e) or (f), shall be the adjusted basis provided in Section 30 (b) for determining the loss from the sale or other disposition of property. (i) Loss on Wash Sales of Stock or Securities.—For disallowance of loss deduction in the case of sales of stock or securities where within ninety days before or after the date of the sale the taxpayer has acquired substantially identical property (see Section 33). (j) Capital Losses.—Losses from the sales or exchanges of capital assets shall be allowed only to the extent of the gain from such sales or exchanges. (k) Bad Debts.-Debts ascertained to be worthless and charged off within the taxable year (or in the discretion of the Supervisor, a reasonable addition to a reserve for bad debts); and when satisfied that a debt is recoverable only in part, the Supervisor may allow such debt, in an amount not in excess of the part charged off within the taxable year, as a deduction. (1) Depreciation.—A reasonable allowance for the exhaustion, wear and tear of property used in the trade or business, including a reasonable allowance 628 Vol. IV Acts of the Legislature º: for obsolescence. In the case of property held by one person for life, with remainder to another person, the deduction shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant. In the case of property held in trust the allowable deduction shall be apportioned between the income beneficiaries and the trustee in accordance with the pertinent provisions of the instrument creating the trust, or, in the absence of such provisions, on the basis of the trust income allowable to each. (m) Depletion.—In the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion and for depreciation of improvements, according to the peculiar conditions in each case; such rea- Sonable allowance in all cases to be made under rules and regulations to be prescribed by the Supervisor. In any case in which it is ascertained, as a result of operations or of development work, that the recoverable units are greater or less than the prior estimate thereof, then such prior estimate (but not the basis for depletion) shall be revised and the allowance under this Subsection for subsequent taxable years shall be based upon such revised estimate. In the case of leases the deductions shall be equitably apportioned between the lessor and lessee. In the case of property held by one person for life, with remainder to another person, the deduction shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant. In the case of property held in trust, the allowable deduction shall be apportioned between the income beneficiaries and the trustee in accordance with the per- tinent provisions of the instrument creating the trust, or, in the absence of such provisions, on the basis of the trust income allocable to each. (For per- centage depletion, see Section 31 (b) (3) and (4). (n) Basis for Depreciation and Depletion.—The basis upon which deple- tion, exhaustion, wear and tear and obsolescence are to be allowed in respect of any property shall be as provided in Section 31. (o) Charitable and Other Contributions.—In the case of an individual, con- tributions or gifts made within the taxable year to or for the use of: (1) The State of Louisiana, or any political subdivision thereof, for exclu- sively public purposes; (2) A corporation, or trust, or community chest fund, or foundation, organized and operated exclusively for religious, charitable, Scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private share- holder or individual; (3) The special fund for vocational rehabilitation authorized by Section 11 of the World War Veterans' Act, 1924; (4) Posts or organizations of war veterans, or auxiliary units or Societies of any such posts or organizations, if such posts, organizations, units, or societies are organized in the United States or any of its possessions, and if no part of their net earnings inures to the benefit of any private shareholders or indi- viduals; or (5) A fraternal society, order, or association, operating under the lodge system, but only if such contributions or gifts are to be used exclusively for religious, charitable, scientific, literary, or educational purposes, or for the pre- vention of cruelty to children or animals; to an amount which, in all of the above cases combined, does not exceed fifteen (15) per centum of the tax- payer's net income as computed without the benefit of this Subsection. Such contributions or gifts shall be allowable as deductions only if verified under rules and regulations prescribed by the Supervisor of Public Accounts. (p) Dividends Received By Corporations.—In the case of a corporation, the amount received as dividends from a corporation organized under the laws of the State of Louisiana, which dividends have been earned within the State of Louisiana and taxed under this Act. (q) Pension Trusts.-An employer establishing or maintaining a pension trust to provide for the payment of reasonable pensions to his employees (if such trust is exempt from tax under Section 46, relating to trusts created for the exclusive benefit of employees) shall be allowed as a deduction (in addition to the contributions to such trust during the taxable year to cover the pension liability accruing during the year, allowed as a deduction under (a) of this 629 Vol. IV *::: Legal Materials Section 9) a reasonable amount transferred or paid into such trust during the taxable year in excess of such contributions, but only if such amount (1) has not theretofore been allowable as a deduction, and (2) is apportioned in equal parts over a period of ten consecutive years beginning with the year in which the transfer of payment is made. Section 10. Items Not Deductible. (a) In computing net income no deduction shall in any case be allowed in respect of- (1) Personal, living, or family expenses; (2) Any amount paid out for new buildings or for permanent improvements or betterments made to increase the value of any property or estate; (3) Any amount expended in restoring property or in making good the exhaustion thereof for which an allowance is or has been made; (4) Premiums paid on any life insurance policy covering the life of any officer or employee, or of any person financially interested in any trade or busi- ness, carried on by the taxpayer, when the taxpayer is directly or indirectly a beneficiary under such policy; (5) Any amount otherwise allowable as a deduction which is allowable to income wholly exempt to the taxpayer from taxes imposed by this Act; or (6) Loss from sales or exchanges of property, directly or indirectly, (A) between members of a family, or (B) except in the case of distributions in liquidation, between an individual and a corporation in which such individual owns, directly or indirectly, more than 50 per centum of the voting stock. For the purpose of this paragraph—(C) an individual shall be considered as owning the stock owned, directly or indirectly, by his family; and (D) the family of an individual shall include only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. (b) Holders of Life or Terminable Interests.-Amounts paid under the laws of any state, territory, District of Columbia, possession of the United States, or a foreign country as income to the holder of a life or terminable interest acquired by a gift, bequest, or inheritance shall not be reduced or diminished by any deduction for shrinkage (by whatever name called) in the value of such interest due to the lapse of time, nor by any deduction allowed by this Act (except the deductions provided for in Subsection (l) and (m) of Section 9) for the purpose of computing the net income of an estate or trust but not allowed under the laws of such state, territory, District of Columbia, possession of the United States, or foreign country for the purpose of com- puting the income to which such holder is entitled. Section 11. Credits of Individual Against Net Income— (a) There shall be allowed for the purpose of the normal tax, but not for the surtax, the following credits against the net income: (1) Personal Exemption.—In the case of a single person, a personal exemp- tion of $1,000.00; or in the case of the head of a family or a married person living with husband or wife, a personal exemption of $2,500.00. A husband and wife living together shall receive but one personal exemption. The amount of such personal exemption shall be $2,500.00. If such husband and wife make separate returns, the personal exemption may be taken by either or divided between them. (2) Credit for Dependents.-$400.00 for each person (other than husband or wife) dependent upon and receiving his chief support from the taxpayer if such dependent person is under eighteen years of age or is incapable of self- support because mentally or physically defective. (b) Change of Status.-If the status of the taxpayer, insofar as it affects the personal exemption or credit for dependents, changes during the taxable year, the personal exemption and credit shall be apportioned, under rules and regulations prescribed by the Supervisor of Public Accounts, in accordance with the number of months before and after such change. For the purpose of such apportionment a fractional part of a month shall be disregarded unless it .* to more than half a month in which case it shall be considered as a Imonth. 630 Vol. IV Acts of the Legislature º: PART III—ACCOUNTING PERIODS AND METHODS OF Accounting Section 12. General Rules.—The net income shall be computed upon the basis of the taxpayers' annual accounting period (fiscal year or calendar year, as the case may be) in accordance with the method of accounting regularly employed in keeping the books of such taxpayer; but if no such method of accounting has been so employed, or if the method employed does not clearly reflect the income, the computation shall be made in accordance with such method as in the opinion of the Supervisor does clearly reflect the income. If the taxpayer's annual accounting period is other than a fiscal year, as defined in Section 19, or if the taxpayer has no annual accounting period or does not keep books, the net income shall be computed on the basis of the calendar year. Section 13. Period in Which Item of Gross Income Included.—The amount of all items of gross income shall be included in the gross income for the tax- able year in which received by the taxpayer, unless, under methods of account- ing permitted under Section 12 any such amounts are to be properly accounted for as of a different period. Section 14. Period For Which Deductions and Credits Taken.—The deduc- tions and credits provided for in this Act shall be taken for the taxable year in which “paid or accrued” or “paid or incurred”, dependent upon the method of accounting upon the basis of which the net income is computed, unless in order to clearly reflect the income the deductions or credits should be taken as of a different period. Section 15. Installment Basis. (a) Under regulations prescribed by the Supervisor, a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year the proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price. (b) Sales of Realty and Casual Sales of Personality.—In the case (1) of a casual sale or other casual disposition of personal property (other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year), for a price exceeding $1,000, or (2) of a sale or other disposition of real property, if in either case the initial payments do not exceed 30 per centum of the selling price, the income may, under regulations prescribed by the Supervisor, be returned on the basis and in the manner above prescribed in this Section. As used in this Section the term “initial payment” means the payments received in cash or property or other than evidences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made. (c) Change From Accrual to Installment Basis.--If a taxpayer entitled to the benefits of Subsection (a) elects for any taxable year to report his net income on the installment basis, then in computing his income for the year of change or any subsequent year, amounts actually received during any such year on account of sales or other dispositions of property made in any prior year shall not be excluded. (d) Gain or Loss Upon Disposition of Installment Obligations.—If an in- stallment obligation is satisfied at other than its face value or distributed, transmitted, Sold, or otherwise disposed of, gain or loss shall result to the extent of the difference between the basis of the obligation and (1) in the case of satisfaction at other than face value or a sale or exchange—the amount realized, or (2) in case of a distribution transmission, or disposition otherwise than by sale or exchange—the fair market value of the obligation at the time of such distribution, transmission, or disposition. The basis of the obligation shall be the excess of the face value of the obligation over an amount equal to the income which would be returnable were the obligation satisfied in full. This Subsection shall not apply to the transmission at death of installment obliga- tions if there is filed with the Supervisor, at such time as he may by regulation prescribe, a bond in such amount and with such securities as he may deem neces- sary, conditioned upon the return as income, by the person receiving any pay- 631 Vol. IV ſ: - Legal Materials ment of such obligations, of the same proportion of such payment as would be returnable as income by the decedent if he had lived and had received such payment. Section 16. Allocation of Income and Deductions.—In any case of two or more organizations, trades, or businesses (whether or not incorporated, whether or not organized in the State of Louisiana, and whether or not affiliated) owned or controlled directly or indirectly by the same interest, the Supervisor is authorized to distribute, apportion or allocate gross income or deductions between or among such organizations, trades, or businesses, if he determines that such distribu- tion, apportionment or allocation is necesary in order to prevent evasion of taxes or clearly to reflect the income of any of such organizations, trades, or businesses. Section 17. Change of Accounting Period.—If a taxpayer changes his accounting period from fiscal year to calendar year, from calendar year to fiscal year, or from one fiscal year to another, the net income shall, with the approval of the Supervisor, be computed on the basis of such new account- ing period, subject to the provisions of Section 18 of this Act. Section 18. Returns for a Period of Less Than Twelve Months.- (a) If a taxpayer, with the approval of the Supervisor, changes the basis of computing net income from fiscal year to calendar year a separate return shall be made for the period between the close of the last fiscal year for which return was made and the following December 31. If the change is from calendar year to fiscal year, a separate return shall be made for the period between the close of the last calendar year for which return was made and the date designated at the close of the fiscal year. If the change is from one fiscal year to another fiscal year a separate return shall be made for the period between the close of the former fiscal year and the date designated as the close of the new fiscal year. (b) Income Computed on Basis of Short Period.—Where a separate return is made under Subsection (a) on account of a change in the accounting period, and in all other cases where a separate return is required or permitted, by regulations prescribed by the Supervisor, to be made for a fractional part of a year, then the income shall be computed on the basis of the period for which separate return is made. (c) Income Placed On Annual Basis.-If a separate return is made under Subsection (a) on account of a change in the accounting period, the net income, computed on the basis of the period for which separate return is made, shall be placed on an annual basis by multiplying the amount thereof by twelve and dividing by the number of months included in the period for which the separate return is made. The tax shall be such part of the tax computed on such annual basis as the number of months in such period is of twelve months. (d) Earned Income.—The Supervisor shall prescribe the method of applying the provisions of Subsections (b) and (c) (relating to computing income on the basis of a short period, and placing such income on an annual basis) to cases where the taxpayer makes a separate return under Subsection (a) on account of a change in the accounting period, and it appears that for the period for which the return is so made he has received earned income. (e) Reduction of Credits Against Net Income.—In the case of a return made for a fractional part of a year, except a return made under Subsection (a) on account of a change in the accounting period, the personal exemption and credit for dependents shall be reduced respectively to amounts which bear the same ratio to the full credits provided as the number of months in the period for which return is made bears to twelve months. Section 19. Definitions—When Used In This Act: (a) Taxable Year.—“Taxable Year” means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the net income is computed under this part. “Taxable Year” includes, in the case of a return made for a fractional part of a year under the provisions of this Act or under regulations prescribed by the Supervisor, the period for which return is made. The first taxable year, to be called the taxable year 1935, shall be the 632 Vol. IV Acts of the Legislature º: calendar year 1935 or any fiscal year ending during the calendar year 1935 and each calendar year or fiscal year thereafter. (b) Fiscal Year.—“Fiscal Year” means an accounting period of twelve months ending on the last day of any month other than December. (c) Paid, Incurred, Accrued.—The terms “paid or incurred” and “paid or accrued” shall be construed to the method of accounting upon the basis of which the net income is computed under this Act. PART IV.- RETURNS AND PAYMENT OF TAX Section 20. Individual Returns: (a) Requirement.—The following individuals shall each make under oath a return stating specifically the items of his gross income and the deductions and credits allowed under this Act, the returns shall be prepared in accordance with regulations as prescribed by the Supervisor. (1) Every individual having a net income for the taxable year of $1,000.00 or over, if single, or if married and not living with husband or wife; (2) Every individual having a net income for the taxable year of $2,500.00 or over, if married and living with husband or wife; and (3) Every individual having a gross income for the taxable year of $5,000.00 or over, regardless of the amount of his net income. (b) Husband and Wife.—If a husband and wife living together having an aggregate net income for the taxable year of $2,500.00 or over, or an aggregate gross income for such year of $5,000.00 or over— - (1) Each shall make such a return, or (2) The income of each shall be included in a single joint return, in which case the tax shall be computed on the aggregate income. (c) Persons Under Disability.—If the taxpayer is unable to make his own return, the return shall be made by a duly authorized agent or by the guardian or other person charged with the care of the person or property of such taxpayer. Section 21. Corporation Returns. (a) Requirement—Every corporation subject to taxation under this Act shall make a return, stating specifically the item of its gross income and the deductions and credits allowed under this Act. The return shall be sworn to by the president, vice-president, or other principal officer and by the treasurer or assistant treasurer. In cases where receivers, trustees in bankruptcy, or assignees are operating the property or business of corporations, such receivers, trustees, or assignees shall make returns for such corporations in the same manner and form as corporations are required to make returns. Any tax due on the basis of such returns made by receivers, trustees, or assignees shall be collected in the same manner as if collected from the corporations of whose business or property they have custody and control. Section 22. Time and Place For Filing Returns. (1) Returns made on the basis of the calendar year shall be made and filed with the Supervisor at Baton Rouge, Louisiana, on or before the 15th day of May, following the close of the calendar year. Returns made on the basis of a fiscal year shall be made on or before the 15th day of the fifth month following the close of the fiscal year with the Supervisor at Baton Rouge, Louisiana. (2) In cases where a taxpayer files a Federal Income Tax return, he shall file as a part of the return required by this Act, a certified copy of such Federal Income Tax return under such rules and regulations as the Supervisor may prescribe. (3) The Supervisor may grant a reasonable extension of time for filing returns, under such rules and regulations as he may prescribed. Section 23. Taxpayer to Keep Records, etc., (a) Every person liable to any tax imposed by this Act or for collection thereof, shall keep such records, render under oath such statements, make such 633 Vol. IV §: Legal Materials returns, and comply with such rules and regulations, as the Supervisor may from time to time prescribe. (b) Whenever, in the judgment of the Supervisor, necesary he may require any person, by notice served upon him, to make a return, render under oath such statements, or keep such records, as the Supervisor deems sufficient to show whether or not such person is liable to a tax under this Act. Section 24. Publicity of Returns.— (a) Returns upon which the tax has been determined by the Supervisor shall constitute public records and shall be open for the inspection of any taxpayer in the State. Section 25. Payment of Tax,− (a) Time of Payment.—The total amount of tax imposed by this Act shall be paid on the fifteenth day of May following the close of the calendar year, or, if the return should be on the basis of a fiscal year, then on the fifteenth day of the fifth month following the close of the fiscal year. (b) Installment Payments.-The taxpayer may elect to pay the tax in four equal installments, in which case the first installment shall be paid on the date prescribed for the payment of the tax by the taxpayer, the second installment shall be paid on the fifteenth day of the third month, the third installment on the fifteenth of the sixth month, the fourth installment on the fifteenth day of the ninth month, after such date. If any installment is not paid on or before the date fixed for its payment, the whole amount of tax unpaid shall be paid upon notice and demand from the Supervisor. (c) Extension of Time for Payment.—At the request of the taxpayer, the Supervisor may extend the time for payment of the amount determined as the tax by the taxpayer, or an installment thereof, for a period not to exceed six months from the date prescribed for the payment of the tax or an install- ment thereof. In such case the amount in respect of which the extension is granted shall be paid, on or before the date of the expiration of the period of the extension. (d) Voluntary Advance Payment.—A tax imposed by this Act, or any installment thereof, may be paid at the election of the taxpayer, prior to the date prescribed for its payment. (e) Fractional Parts of Cent.—In the payment of any tax under this Act a fractional part of a cent shall be disergarded unless it amounts to one- half cent or more, in which case it shall be increased to 1 cent. (f) Receipts.-The Supervisor upon any payment of any tax imposed by this Act shall upon request give to the person making such payment a full written or printed receipt therefor. (g) Form of Payment.—All payments of taxes under this Act shall be made payabe to the Supervisor of Public Accounts; and the amount shall be paid by check, bank draft, post office money-order or express money-order. No cash payments shall be accepted by the Supervisor. Section 26. Examination of Return and Determination of Tax.-As soon as practicable after return is filed the Supervisor shall examine it and shall determine the correct amount of the tax. SUBTITLE C–SUPPLEMENTAL PROVISIONS SUPPLEMENT A– RATES OF TAX (Supplementary to Subtitle B, Part I) Section 27. Exemptions From Tax on Corporations.—The following organizations shall be exempt from taxation under this Act: (1) Labor, agricultural, or horticultural organizations; (2) Mutual savings banks and mutual Building and Loan Associations not having a capital stock represented by shares; (3) Fraternal beneficiary Societies, orders, or associations, (a) operating under the lodge system or for the exclusive benefit of the members of a fra- 634 Vol. IV Acts of the Legislature º: ternity itself operating under the lodge system; and (b) providing for the pay- ment of life, sick, accident, or other benefits to the members of such society, order, or association or their dependents; (4) Cemetery companies owned and operated exclusively for the benefit of their members or which are not operated for profit; and any corporation chartered solely for burial purposes as a cemetery corporation and not permitted by its charter to engage in any business not necessarily incident to that purpose, no part of the net earnings of which inures to the benefit of any private shareholder or individual; (5) Corporations and any community chest, fund, or foundation, or- ganized and operated exclusively for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private share- holder or individual; (6) Business leagues, chambers of commerce, real estate boards, or boards of trade, not organized for profits and no part of the net earnings of which inures to the benefit of any private shareholder or individual; (7) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, or local associations of em- ployees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes; (8) Clubs organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder; (9) Benevolent life insurance associations of a purely local character, mut- ual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations; but only if 85 per centum or more of the income con- sists of amounts collected from members for the sole purpose of meeting losses and expenses; (10) Farmers' or other mutual hail, cyclone, casualty, or fire insurance companies or associations (including interinsurers and reciprocal underwriters) the income of which is used or held for the purpose of paying losses or ex- penses; (11) Farmers', fruit growers', or like associations organized and operated on a cooperative basis (A) for the purpose of marketing the products of mem- bers of other producers, and turning back to them the proceeds of sales, less the necessary marketing expenses, on the basis of either the quantity or the value of the products furnished by them, or (B) for the purpose of purchasing supplies and equipment for the use of members or other persons, and turning over such supplies and equipment to them at actual cost, plus necessary ex- penses. Exemption shall not be denied any such association because it has capi- tal stock, if the dividend rate of such stock is fixed at not to exceed 8 per cen- tum per annum on the value of the consideration for which the stock was is- sued, and if substantially all of such stock (other than non-voting preferred stock, the owners of which are not entitled or permitted to participate, directly or indirectly in the profits of the association, upon dissolution or otherwise beyond the fixed dividends) is owned by producers who market their products or purchase their supplies and equipment through the association; nor shall exemption be denied any such association because there is accumulated and maintained by it a reserve required by state law or a reasonable reserve for any necessary purpose. Such an association may market the products of non- members in an amount the value of which does not exceed the value of the products marketed for members, and may purchase supplies and equipment for non-members in an amount the value of which does not exceed the value of the supplies and equipment purchased for members, provided the value of the purchases made for persons who are neither members nor producers does not exceed 15 per centum of the value of all its purchases; (12) Corporations organized by an association exempt under the provi- sions of paragraph 11, or members thereof, for the purpose of financing the ordinary crop operations of such members of other producers, and operated in 635 Vol. Iv ſ: Legal Materials conjunction with such association. Exemption shall not be denied any such corporation because its capital stock, if the dividend rate of such stock is fixed at not to exceed 8 per centum per annum on the value of the consideration for which the stock was issued, and if substantially all such stock (other than non-voting preferred stock, the owners of which are not entitled or permitted to particpate, directly or indirectly, in the profits of the corporation, upon dissolution, or otherwise, beyond the fixed dividends) is owned by such as- sociation, or members thereof; nor shall exemption be denied any such cor- poration because there is accumulated and maintained by it a reserve required by state law or a reasonable reserve for any necessary purpose; (13) Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom and turning over the entire amount thereof, less expenses, to an organization which itself is exempt from the tax imposed by this Act: (14) Voluntary Employees' beneficiary association providing for the pay- ment of life, sick, accident or other benefits to the members of such associa- tion or their dependants, if (A) no part of their net earnings inures (other than through such payments) to the benefit of any private shareholder or indivi- dual, and (B) 85 per centum or more of the income consists of amounts col- lected from members for the sole purpose of making such payments and meet- ing expenses; (15) Teachers' retirement fund associations of a purely local character, if (A) no part of their net earnings inures (other than through payment of re- tirement benefits) to the benefit of any private shareholder or individual, and (B) the income consists solely of amounts received from public taxation, amounts received from assessments upon the teaching salaries of members, and income in respect of investments. SUPPLEMENT B — COMPUTATION OF NET INCOME (Supplementary to Subtitle B Part II) Section 28. Determination of Amount of, and Recognition of, Gain Or Loss. (a) Computation of Gain or Loss.-The gain from the sale or other dis- position of property shall be the excess of the amount realized therefrom over the adjusted basis provided in Section 29 (b) for determining gain, and the loss shall be the excess of the adjustable basis provided in such Section for de- termining loss over the amount realized. (b) Amount Realized.—The amount realized from the sale or other dis- position of property shall be the sum of any money received plus the fair market value of property (other than money) received. (c) Recognition of Gain or Loss.-In the case of a sale or exchange, the extent to which the gain or loss determined under this Section shall be recog- nized for the purpose of this Act, shall be determined under the provision of Section 29. (d) Installment Sales.—Nothing in this Section shall be construed to pre- vent (in the case of property sold under contract providing for payments in installments) the taxation of that portion of any installment payment repre- senting gain or profit in the year in which such payment is received. Section 29. Recognition of Gain or Loss. (a) General Rule.—Upon the sale or exchange of property the entire amount of the gain or loss, determined under Section 28, shall be recognized, except as hereinafter provided in this Section. (b) Exchanges Solely in Kind. (1) Property held for productive use or investment.—No gain or loss shall be recognized if property held for productive use in trade or business or for investment (not including stock in trade or other property held primarily for sale, nor stocks, bonds, notes, choses in action, certificates of trust or beneficial interest, or other securities or evidences of indebtedness or interest) is exchanged solely for property of a like kind to be held either for productive use in trade or business or for investment. 636 Vol. IV Acts of the Legislature *::: (2) Stock for Stock of Same Corporation.—No gain or loss shall be recog- nized if common stock in a corporation is exchanged solely for common stock in the same corporation, or if preferred stock in a corporation is exchanged solely for preferred stock in the same corporation. (3) Stock or Securities For Stock or Securities on Reorganization.—No gain or loss shall be recognized if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged solely for stock or securities in such corporation or in another corporation a party to the reorganization. (4) Gain of Corporation.—No gain or loss shall be recognized if a cor- poration a party to a reorganization exchanges property, in pursuance of the plan of reorganization, solely for stock or securities in another corporation a party to the reorganization. (5) Transfer to Corporation Controlled by Transferor.—No gain or loss shall be recognized if property is transferred to a corporation by one or more persons solely in exchange for stock or securities in such corporation, and im- mediately after the exchange such person or persons are in control of the cor- poration; but in case of an exchange by two or more persons this paragraph shall apply only if the amount of the stock and securities received by each is ºrially in proportion to his interest in the property prior to the ex- Cnange. (c) Gain from Exchanges not Solely in Kind. (1) If an exchange would be within the provisions of Subsection (B) (1), (2), (3), or (5) of this Section if it were not for the fact that the property received in exchange consists not only of property permitted by such para- graph to be received without the recognition of gain, but also of other prop- erty or money, then the gain, if any, to the recipient shall be recognized, but in amount not in excess of the sum of such money and the fair market value of such other property. (2) If a distribution made in pursuance of a plan of reorganization is within the provisions of paragraph (1) of this Subsection but has the effect of the distribution of a taxable dividend, then there shall be taxed as a dividend to each distributee such an amount of the gain recognized under paragraph (1) as is not in excess of his ratable share of the undistributed earnings and profits of the corporation accumulated after January 1, 1935. The remainder, if any, of the gain recognized under paragraph (1) shall be taxed as a gain from the exchange of property. (d) Gain of Corporation.—If an exchange would be within the provisions of Subsection (b) (4) of this Section if it were not for the fact that the prop- erty received in exchange consists not only of stock or securities permitted by such paragraph to be received without recognition of gain, but also of other property or money, then— (1) If the corporation receiving such other property or money distributes it in pursuance of the plan of reorganization, no gain to the corporation shall be recognized from the exchange, but (2) If the corporation receiving such other property or money does not distribute it in pursuance of the plan of reorganization, the gain, if any, to the corporation shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property so received, which is not so distributed. (e) Loss From Exchange Not Solely in Kind.—If an exchange would be within the provisions of Subsection (b) (1) to (5), inclusive, of this Section if it were not for the fact that the property received in exchange consists not only of property permitted by such paragraph to be received without the recog- nition of gain or loss, but also of other property or money, then no loss from the exchange shall be recognized. (f) Involuntary Conversions.—If property (as a result of its destruction in whole or in part, theft or seizure, or an exercise of the power of requisition or condemnation, or the threat of imminence thereof) is compulsorily or in- voluntarily converted into property similar or related in service or use to the property so converted, or into money which is forthwith in good faith, under 637 Vol. IV ; Legal Materials regulations prescribed by the Supervisor, expended in acquisition of other prop- erty similar or related in service or use to the property so converted, or in the acquisition of control of a corporation owning such other property, or in the establishment of a replacement fund, no gain or loss shall be recognized. If any part of the money is not so expended, the gain, if any, shall be recognized, but in an amount not in excess of the money so expended. (g) Definition of Reorganization.—As used in this Section and Section 30. (1) The term “reorganization” means (A) a merger or consolidation, or (B) a transfer by a corporation of all or a part of its assets to another cor- poration if immediately after the transfer the tranferer or its stockholders or both are in control of the corporation to which the assets are transferred, or, (C) a recapitalization, or (D) a mere change in identity, form, or place of organization, however effected. (2) The term “a party to a reorganization” includes a corporation result- ing from a reorganization. (h) Definition of Control.-As used in this Section the term “control” means the ownership of at least 80 per centum of the voting stock and at least 80 per centum of the total number of shares of all other classes of stock of the corporation. (i) Foreign Corporations.—In determining the extent to which gain shall be recognized in the case of any of the exchanges (made after January 1, 1935) described in Subsections (b) (3), (4), or (5), or described in so much of Sub- section (C) as refers to Subsection (b) (3) or (5), or described in Subsection (d), a foreign corporation shall not be considered as a corporation unless, prior to such exchange or distribution, it has been established to the satisfaction of the Supervisor that such exchange is not in pursuance of a plan having as one of its principal purposes the avoidance of taxes under this Act. Section 30. Adjusted Basis For Determining Gain or Loss. (a) Basis (Unadjusted) of Property.—The basis of property shall be the cost of such property; except that— (1) Inventory Value—If the property should have been included in the inventory, the basis shall be the last inventory value thereof. (2) Gifts after January 1, 1935—If the property was acquired by gift after January 1, 1935, the basis shall be the same as it would be in the hands of the donor or the last preceding owner by whom it was not acquired by gift, except that for the purpose of determining loss the basis shall be the basis so deter- mined or the fair market value of the property, at the time of the gift, whichever is lower. If the facts necessary to determine the basis in the hands of the donor or the last preceding owner are unknown to the donee, the Super. visor shall, if possible, obtain such facts from such donor or last preceding owner, or any other person cognizant thereof. If the Supervisor finds it im. possible to obtain such facts, the basis in the hands of such donor or last pre- ceding owner shall be the fair market value of such property as found by the Supervisor as of the date or approximate date at which according to the best information that the Supervisor is able to obtain, such property was acquired by such donor or last preceding owner. (3) Transfer in Trust after January 1, 1935.-If the property be acquired after January 1, 1935, by a transfer in trust (other than by a transfer in trust by a bequest or devise) the basis shall be the same as it would be in the hands of the grantor, increased in the amount of gain or decreased in the amount of loss recognized to the grantor upon such transfer under the law applicable to the year in which the transfer was made. (4) Gift or Transfer in Trust Before January 1, 1935.-If the property was acquired by gift or transfer in trust on or before December 31, 1934, the basis shall be the fair market value of such property at the time of such ac- quisition. (5) Property Transmitted at Death.-If the property was acquired by be- quest, devise, or inheritance, the basis shall be the fair market value of such property at the time of such acquisition. In the case of property transferred in trust to pay the income for life to or upon the order or direction of the grantor, 638 Vol. IV Acts of the Legislature ; with the right reserved to the grantor at all times prior to his death to revoke the trust, the basis of such property in the hands of the persons entitled under the terms of the trust instrument to the property after the grantor's death shall, after such death, be the same as if the instrument had been a will exe- cuted on the day of the grantor's death. For the purpose of this paragraph property passing without full and adequate consideration under a general power of appointment exercised by will shall be deemed to be property passing from the individual exercising such power by bequest or devise. (6) Tax-Free Exchanges Generally.—If the property was acquired after January 1, 1935, upon an exchange described in Section 29 (b) to (e) in- clusive, the basis shall be the same as in the case of property exchange, de- creased in the amount of any money received by the taxpayer and increased in the amount of gain or decreased in the amount of loss to the taxpayer that was recognized upon such exchange under the law applicable to the year in which the exchange was made. If the property so acquired consisted in part of the type of property permitted by Section 28 (b) to be received without the recognition of gain or loss, and in part other property, the basis provided in this paragraph shall be allocated between the properties (other than money) received, and for the purpose of the allocation there shall be assigned to such other property an amount equivalent to its fair market at the date of the ex- change. This paragraph shall not apply to property acquired by a corporation by the issuance of its stock or securities as the consideration in whole or in part for the transfer of the property to it. (7) Transfers to Corporation Where Control of Property Remains in Same Persons.—If the property was acquired after December 31, 1934, by a corporation in connection with a reorganization, and immediately after the transfer an in- terest or control in such property of 50 per centum or more remained in the same persons or any of them, then the basis shall be the same as it would be in the hands of the transferor, increased in the amount of gain or decreased in the amount of loss recognized to the transferor upon such transfer under the law applicable to the year in which the transfer was made. This paragraph shall not apply if the property acquired consists of stock or securities in a corpora- tion a party to the reorganization, unless acquired by the issuance of stock or securities of the transferee as the consideration in whole or in part for the transfer. (8) Property Acquired By Issuance of Stock or as Paid-In Surplus.-If the property was acquired after December 31, 1934, by a corporation— (A) by the issuance of its stock or securities in connection with a trans- action described in Section 29 (b) (5) (including, also, cases where part of the consideration for the transfer of such property to the corporation was prop- erty or money, in addition to such stock or securities), or (B) as paid-in surplus or as a contribution to capital, then the basis shall be the same as it would be in the hands of the transferor, increased in the amount of gain or decreased in the amount of loss recognized to the transferor upon such transfer under the law applicable to the year in which such transfer was made. (9) Involuntary Conversion.—If the property was acquired, after Decem- ber 31, 1934, as the result of a compulsory or involuntary conversion described in Section 29 (f), the basis shall be the same as in the case of the property so converted, decreased in the amount of any money received by the taxpayer which was not expended in accordance with the provisions of law (applicable to the year in which such conversion was made) determining the taxable status of the gain or loss upon such conversion, and increased in the amount of gain or decreased in the amount of loss to the taxpayer recognized upon such con- version under the law applicable to the year in which such conversion was made. (10) Wash Sales of Stock-If the property consists of stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the non-deductibility (under Section 33 of this Act relating to wash sales) of the loss from the sale or other disposition of substantially identical stock or securities, then the basis shall be the basis of stock or securities so sold or dis- 639 Vol. IV ſ: Legal Materials posed of, increased or decreased, as the case may be, by the difference, if any, between the price at which the property was acquired and the price at which such substantially identical stock or securities were sold or otherwise disposed of. (11) Property Acquired During Affiliation.—In the case of property ac- quired by a corporation, during a period of affiliation, from a corporation with which it was affiliated, the basis of such property, after such period of affilia- tion, shall be determined, in accordance with regulations prescribed by the Supervisor, without regard to inter-company transactions in respect of which gain or loss was not recognized. For the purpose of this paragraph, the term “period of affiliation” means the period during which such corporations were affiliated (determined in accordance with the law applicable thereto) but does not include any taxable year beginning on or after January 1, 1935. (12) If the property was acquired by a partnership and the basis is not otherwise determined under any of the paragraphs (1) to (11), inclusive, of this Sub-section, then the basis shall be the same as it would be in the hands of the transferor, increased in the amount of gain or decreased in the amount of loss recognized to the transferor under the law applicable to the year in which the transfer was made. If the property was distributed in kind by a partnership to any partner, the basis of such property in the hands of the part- ner shall be such part of the basis in his hands of his partnership interest as is properly allocable to such property. (13) Property Acquired Before January 1, 1935.-In the case of property acquired before January 1, 1935, if the basis otherwise determined under this Sub-section, adjusted as provided in Subsection (b), is less than the fair market value of the property as of January 1, 1935, then the basis for determining gain shall be such fair market value. In determining the fair market value of stock in a corporation, as of January 1, 1935, due regard shall be given to the fair market value of the assets of the corporation as of that date. (b) Adjusted Basis.-The adjusted basis for determining the gain or loss from the sale or other disposition of property, whenever acquired, shall be the basis determined under Subsection (a), adjusted as hereinafter provided (1) General Rule.—Proper adjustment in respect of the property shall in all cases be made: (A) For expenditures, receipts, losses, or other items, properly chargeable to capital account, including taxes and other carrying charges on unimproved and unproductive real property, but no such adjustment shall be made for taxes or other carrying charges for which deductions have been taken by the taxpayer in determining net income for the taxable year or prior taxable years; (B) In respect of any period after January 1, 1935, for exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent allowed (but not less than the amount allowable) under this Act. Where for any taxable year prior to the taxable year 1935, the depletion allowance was based on discovery value or a percentage of income, then the adjustment for depletion for such year shall be based on the depletion which would have been allowed for such year if computed without reference to discovery value or a percentage of in- come; (C) In respect of any period prior to January 1, 1935, for exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent sus- tained; (D) In the case of stock (to the extent not provided for in the foregoing subparagraphs) for the amount of distributions previously made which, under the law applicable to the year in which the distribution was made, were ap- plicable in reduction of basis. (2) Substituted Basis.-The term “substituted basis”, as used in this Sub- section means a basis determined under any provision of Subsection (a) of this Section providing that the basis shall be determined. (A) by reference to the basis in the hands of the transferor, donor, or grantor, or (B) by reference to other property held at any time by the person for whom the basis is to be determined. 640 Vol. IV Acts of the Legislature º; Whenever it appears that the basis of property in the hands of the tax- payer is a substituted basis, then the adjustments provided in paragraph (1) of this Subsection shall be made after first making in respect of such substituted basis proper adjustments of a similar nature in respect of the period during which the property was held by the transferor, donor, or grantor, or during which the other property was held by the person for whom the basis is to be determined. A similar rule shall be applied in the case of a series of substituted bases. Section 31. Basis For Depreciation And Depletion. (a) Basis For Depreciation.—The basis upon which exhaustion, wear and tear, and obsolescence are to be allowed in respect of any property shall be the adjusted basis provided in Section 30 (b) for the purpose of determining the gain upon the sale or other disposition of such property. (b) Basis for De- pletion.— (1) General Rule.—The basis upon which depletion is to be allowed in respect of any property shall be the adjusted basis provided in Section 30 (b) for the purpose of determining the gain upon the sale or other disposition of such property, except as provided in paragraphs (2), (3), and (4) of this Sub- section. (2) Discovery Value in Case of Mines (other than metal, coal or sulphur mines) discovered by the taxpayer after January 1, 1935.-The basis for de- pletion shall be the fair market value of the property at the date of discovery or within thirty days thereafter, if such mines were not acquired as the result of purchase of a proven tract or lease, and if the fair market value or the propetry is materially disproportionate to the cost. The depletion allowance under Sec. 9 (m) based on discovery value provided in this paragraph shall not exceed 50 per centum of the net income of the taxpayer (computed with- out allowance for depletion) from the property upon which the discovery was made, except that in no case shall the depletion allowance under Section 9 (m) be less than it would be if computed without reference to discovery value. Dis- coveries shall include minerals in commercial quantities contained within a vein or deposit discovered in an existing mine or mining tract by the taxpayer after January 1, 1935, if the vein or deposit thus discovered was not merely the uninterrupted extension of a continuing commercial vein or deposit already known to exist, and if the discovered minerals are of sufficient value and quantity that they could be separately mined and marketed at a profit. (3) Percentage Depletion For Oil and Gas Wells.-In the case of oil and gas wells the allowance for depletion under Section 9 (m) shall be 27% per centum of the gross income from the property during the taxable year, ex- cluding from such gross income an amount equal to any rents or royalties paid or incurred by the taxpayer in respect of the property. Such allowance shall not exceed 50 per centum of the net income of the taxpayer (computed with- out allowance for depletion) from the property, except that in no case shall the depletion allowance under Section 9 (m) be less than it would be if com- puted without reference to this paragraph. (4) Percentage Depletion For Coal and Metal Mines and Sulphur.—The allowance for depletion under Section 10 (m) shall be, in the case of coal mines, 5 per centum, in the case of metal mines, 15 per centum, and, in the case of sulphur mines or deposits, 23 per centum, of the gross income from the property during the taxable year, excluding from such gross income an amount equal to any rents or royalties paid or incurred by the taxpayer in respect of the property. Such allowance shall not exceed 50 per centum of the net income of the taxpayer (computed without allowance for depletion) from the prop- erty. A taxpayer making his first return under this Act in respect of a prop- erty shall state whether he elects to have the depletion allowance for such property for the taxable year for which the return is made computed with or without regard to percentage depletion, and the depletion allowance in respect of such property for such year and all succeeding taxable years shall be com- puted according to the election thus made. If the taxpayer fails to make such statement in the return, the depletion allowance for such property for all tax- able years shall be computed without reference to percentage depletion. 641 Vol. IV Act º ; Legal Materials Section 32. Distributions by Corporations. (a) Definition of Dividend—The term “dividend” when used in this Act (except in Section 57 (a) (4) and Section 60 (c) (1) relating to insurance companies) means any distribution made by a corporation to its shareholders, whether in money or in other property, out of its earnings or profits. (b) Source of Distributions.—For the purpose of this Act every distribu- tion is made out of earnings or profits to the extent thereof, and from the most recently accumulated earnings or profits. (c) Distributions in Liquidations.—Amounts distributed in complete liqui- dation of a corporation shall be treated as in full payment in exchange for the stock, and amounts distributed in partial liquidation of a corporation shall be treated as in part or full payment in exchange for stock. The gain or loss to the distributee resulting from such exchange shall be determined under Section 28, but shall be recognized only to the extent provided in Section 29. In the case of amounts distributed (whether before January 1, 1935, or on or after such date) in partial liquidation, the part of such distribution which is proprely chargeable to capital account shall not be considered a distribution of earnings or profits within the meaning of Subsection (b) of this Section for the purpose of determining the taxability of subsequent distributions by the corporation. (d) Other Distributions from Capital.—If any distribution (not in partial or complete liquidation) made by a corporation to its shareholders is not out of earnings or profits, then the amount of such distribution shall be applied against and reduce the adjusted basis of the stock provided in Section 30, and if in excess of such basis, such excess shall be taxable in the same manner as a gain from the sale or exchange of property. (e) Stock Dividends.-A stock dividend shall not be subject to tax. (f) Redemption of Stock.-If a corporation cancels or redeems its stock (whether or not such stock was issued as a stock dividend) at such time and in such manner as to make the distribution and cancellation or redemption in whole or in part essentially equivalent to the distribution of a taxable divi- dend, the amount so distributed in redemption or cancellation of the stock, to the extent that it represents a distribution of earnings or profits, shall be treated as a taxable dividend. (g) Definition of Partial Liquidation.—As used in this Section the term “amounts distributed in partial liquidation” means a distribution by a corpora- tion in complete cancellation or redemption of a part of its stock, or one of a series of distributions in complete cancellation or redemption of all or a por- tion of its stock. Section 33. Loss From Wash Sales of Stock or Securities. (a) In the case of any loss claimed to have been sustained from any sale or other disposition of shares of stock or securities where it appears that, with- in a period beginning 30 days before the date of such sale or disposition and ending 30 days after such date, the taxpayer has acquired (by purchase or by an exchange upon which the entire amount of gain or loss was recognized by law), or has entered into a contract or option so to acquire, substantially identical stock or securities, then no deduction for the loss shall be allowed under Section 9 (e) (2); nor shall such deduction be allowed under Section 9 (f) unless the claim is made by a corporation, a dealer in stocks or securities, and with respect to transactions made in the ordinary course of its business. (b) If the amount of stock or securities acquired (or covered by the con- tract or option to acquire) is less than the amount of stock or securities sold or otherwise disposed of, then the particular shares of stock or securities the loss from the sale or other disposition of which is not deductible shall be determined under rules and regulations prescribed by the Supervisor. (c) If the amount of stock or securities acquired (or covered by the con- tract or option to acquire) is not less than the amount of stock or securities sold or otherwise disposed of, then the particular shares of stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the nondeductibility of the loss shall be determined under the rules and regulations prescribed by the Supervisor. 642 Vol. IV Acts of the Legislature *::: Section 34. Income From Sources Partly Within and Partly Without the State of Louisiana. (a) Resident Individuals, and Domestic Corporations.—In the case of a resident individual or domestic corporation items of gross income, expenses, losses, and deductions, from whatever source received or incurred, not other- wise exempted by this Act, shall be included in the taxpayers return. (b) Non-Resident Individuals and Foreign Corporations.—In the case of a non-resident individual or foreign corporation, items of gross income, ex- penses, losses, and deductions, from whatever source received or incurred, not otherwise exempted by this Act, shall be included in the taxpayers return; but for the purpose of this Act, the amount of tax shall be computed only upon the net income earned within this state. In arriving at the net income earned with- in the state of Louisiana, items of gross income, expenses, losses and deduc- tions, not otherwise exempted by this Act, shall be allocated or apportioned to Sources within or without the state of Louisiana, under the rules and regula- tions prescribed by the Supervisor. Where items of gross income are separately allocated to sources within the state, there shall be deducted (for the purpose of computing the net income therefrom) the expenses, losses and other deduc- tions properly apportioned or allocated thereto and a ratable part of other ex- penses, losses, or other deductions which can not difinitely be allocated to some item or class of gross income. The remainder, if any, shall be included in full as net income from sources within the state of Louisiana. In the case of gross income derived from sources partly within and partly without the state of Louisiana, the net income may first be computed by deducting the expenses, losses, or other deductions apportioned or allocated thereto and a ratable part of any expenses, losses, or other deductions which cannot definitely be allo- cated to some items or class of gross income; and the portion of such net in- come attributable to sources within the state of Louisiana may be determined by processes or formulas of general apportionment prescribed by the Super- visor. Gains, profits, and income from: (1) transportation or other services rendered partly within and partly without the State of Louisiana shall be treated as derived from sources with- in and partly from sources without the State of Louisiana, or (2) from the sale of personal property produced (in whole or in part) by the taxpayer within and sold without the State of Louisiana, or produced (in whole or in part) by the taxpayer without and sold within the State of Loui- siana, shall be treated as derived from sources within the State of Louisiana. Gains, profits, and income derive from the purchase of personal property with- in and its sale without the State of Louisiana or from the purchase of personal property without and its sale within the State of Louisiana, shall be treated as derived entirely from sources within the State of Louisiana. (c) Definitions.—As used in this Section the words “sale” or “sold” in- clude “exchange” or “exchanged” and the word “produced” includes “created,” “fabricated,” “manufactured,” “extracted,” “processed,” “cured,” or “aged.” “Domestic Corporation” includes all corporations whose principal place of business is located within the State of Louisiana. “Foreign Corporations” in- clude all corporations whose principal place of business and activity is located or carried on without the State of Louisiana. Section 35. Fiduciary Returns. (a) Requirement of Return.-Every fiduciary (except a receiver appoint- ed by authority of law, in possession of part only of the property of an indi- vidual) shall make under oath a return for any of the following individuals, estates, or trusts for which he acts, stating specifically the items of gross in- come thereof and the deductions and credits allowed under this Act.— (1) Every individual having a net income for the taxable year of $1,000 or over, if single or if married and not living with husband or wife; (2) Every individual having a net income for the taxable year of $2,500 or over, if married and living with husband or wife; (3) Every individual having a gross income for the taxable year of $5,000 or over regardless of the amount of his net income; 643 Vol. IV ſ: Legal Materials (4) Every estate or trust the net income of which for the taxable year is $1,000 or over; (5) Every estate or trust the gross income of which for the taxable year is $5,000 or over, regardless of the amount of the net income; and (6) Every estate or trust of which any beneficiary is a non-resident of the State. (b) Joint Fiduciaries.—Under such regulations as the Supervisor may prescribe a return made by one of two or more joint fiduciaries shall be filed with the Supervisor at Baton Rouge, Louisiana, and shall be sufficient com- pliance with the above requirement. Such fiduciary shall make oath (1) that he has sufficient knowledge of the affairs of the individual, estate, or trust for which the return is made, to enable him to make the return, and (2) that the return is to the best of his knowledge and belief, true and correct. (c) Law applicable to Fiduciaries—Any fiduciary required to make a re- turn under this Act shall be subject to all the provisions of law which apply to individuals. Section 36. Penalties. (a) Any persons required under this Act to pay any tax or required by law or regulations made under authority hereof to make a return, keep any records, or supply any information, for the purpose of computation, assessment, or collection of any tax imposed by this Act, who willfully fails to pay such tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law be guilty of a misdemeanor and, upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than one year, or both, together with the cost of prosecution. (b) Any person required under this Act to collect, account for, and pay over any tax imposed by this Act, who wilfully fails to collect or truthfully account for and pay over such tax, and any person who wilfully attempts in any manner to evade or defeat any tax imposed by this Act or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, be fined not more than $10,000 or im- prisoned for not more than five years, or both, together with the costs of prosecution. (c) The term “person” as used in this Section includes an officer or em- ployee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under duty to perform the act in respect of which the violation occurs. Section 37. Closing By Supervisor of Taxable Year. (a) Tax in Jeopardy.-If the Supervisor finds that a taxpayer designs quickly to depart from the State of Louisiana or to remove his property therefrom, or to conceal himself or his property therein, or to do any other act tending to prejudice or to render wholly or party ineffectual proceedings to col- lect the tax for the taxable year then last past the taxable year then current unless such proceedings be brought without delay, the Supervisor shall declare the taxable period for such taxpayer immediately terminated and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable. In any proceeding in court brought to enforce payment of taxes made due and payable by virtue of the provisions of this Section the finding of the Supervisor, made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evi- dence of the taxpayer's design. (b) Security For Payment.—A taxpayer who is not in default in making any return or paying any tax under this Act, may furnish to the State of Louisiana, under regulations to be prescribed by the Supervisor, security ap- proved by the Supervisor that he will duly make the return next thereafter 644 Vol. IV Acts of the Legislature *::: required to be filed and pay the tax next thereafter required to be paid. The Supervisor may approve and accept in like manner security for return and payment of taxes made due and payable by virtue of the provisions of this Section, provided the taxpayer has paid in full all other income taxes. (c) Exemption From Section.—If security is approved and accepted pursuant to the provisions of this Section and such further or other security with respect to the tax or taxes covered thereby is given as the Supervisor shall from time to time find necesary and require, payment of such taxes shall not be enforced by any proceedings under the provisions of this Section prior to the expiration of the time otherwise allowed for paying such respective taxes. (d) Citizens.—In the case of a citizen of the State of Louisiana about to depart from the State of Lousiana the Supervisor may, at his discretion, waive any or all of the requirements placed on the taxpayer by this Section. (e) Departure of Non-Resident.—No non-resident who is liable for any tax under this Act shall leave the state for a period of more than 90 days unless he first procures from the Supervisor a certificate that he has complied with all the obligations imposed upon him by this Act. (f) Addition to Tax,−If a taxpayer violates or attempts to violate this Section there shall, in addition to all other penalties, be added as a part of the tax 25 per centum of the total amount of the tax or deficiency in the tax, together with interest at the rate of 1 per centum per month from the time the tax became due. Section 38. Information at Source. (a) Payments of $1,000 or More.—All persons, in whatever capacity acting, including lessees or mortgagors of real or personal property, fiduciaries, and employers, making payment to another person, or interest, rent, salaries, wages, premiums, annuities, compensation, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments described in Section 39 (a) or 40, of $1,000 or more in any taxable year, or, in the case of such payments made by the State of Louisiana, the officers or employees of the State of Louisiana having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Supervisor, under such regula- tions and in such form and manner and to such extent as may be prescribed by him, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment. (b) Returns Regardless of Amount of Payment.—Such returns may be required, regardless of amount, (1) in case of payments of interest upon bonds, mortgages, deeds of trust, or other similar obligations of corporations, and (2) in the case of collections of items (not payable in Louisiana) of interest upon the bonds of a foreign state or country and interest upon the bonds of and dividends from foreign corporations by persons undertaking the collection of such foreign payments of interest or dividends by means of coupons, checks, or bills of exchange. (c) Recipient To Furnish Name and Address.--When necessary to make effective the provisions of this Section the name and address of the recipient of income shall be furnished upon demand of the persons paying the income. Section 39. Information By Corporations. (a) Dividend Payments.-Every corporation subject to the tax imposed by this Act shall, when required by the Supervisor, render a correct return, duly verified under oath, of its payments of dividends, stating the name and address of each shareholder, the number of shares owned by him, and the amount of dividends paid him. (b) Profits Declared as Dividends.--Every corporation shall, when re- quired by the Supervisor, furnish him a statement of such facts a will enable him to determine the portion of the earnings or profits of the corporation (including gains, profits, and income not taxed) accumulated during each periods as the Supervisor may specify, which have been distributed or ordered to be dis. tributed, respectively, to its shareholders during such taxable year as the Super- visor may specify. 645 Vol. IV fl. Legal Materials (c) Accumulated Gains and Profits.--When requested by the Supervisor, or any collector, every corporation shall forward to him a correct statement of accumulated gains and profits and the names and addresses of the individuals or shareholders who would be entitled to the same if divided or distributed, and of the amounts that would be payable to each. Section 40. Returns of Brokers.-Every person doing business as a broker shall, when required by the Supervisor, render a correct return duly verified under oath, under such rules and regulations as the Supervisor may prescribe, showing the name of customers for whom such persons has transacted any busi- ness, with such details as to the profits, losses, or other information which the Supervisor may require, as to each of such customers, as will enable the Supervisor to determine whether all income tax due on profits or gains of such customers has been paid. Section 41. Collection of Foreign Items.--All persons undertaking as a matter of business or for profit the collection of foreign payments of interest or dividends by means of coupons, checks, or bills of exchange shall obtain a license from the Supervisor and shall be subject to such regulations enabling the state to obtain the information required under this Act as the Supervisor shall prescribe; and whoever knowingly undertakes to collect such payments without having obtained a license therefor, or without complying with such regulations, shall be guilty of a misdemeanor and shall be fined not more than $5,000 or imprisoned for not more than one year, or both. SUPPLEMENT C–ESTATES AND TRUSTS Section 42. Imposition of Tax. (a) Application of Tax.-The taxes imposed by this Act upon individuals shall apply to the income of estates or any kind of property held in trust, in- cluding: (1) Income accumulated in trust for the benefit of unborn or unascer- tained person or persons with continguent interests, and incomes accumulated or held for future distribution under the terms of will or trust; (2) Income which is to be distributed currently by the fiduciary to the beneficiaries, and income collected by a guardian of an infant which is to be held or distributed as the court may direct; (3) Income received by estates of deceased persons during the period of administration or settlement of the estate; and (4) Income which, in the discretion of the fiduciary, may be either dis- tributed to the beneficiaries or accumulated. (b) Computation of Payment.—The tax shall be computed upon the net income of the estate or trust, and shall be paid by the fiduciary, except as pro- vided in Section 47 (relating to revocable trust) and Section 48 (relating to in- come for benefit of the grantor). For return made by beneficiary, see Section 35. Section 43. Net Income.—The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an indi- vidual, except that— (a) There shall be allowed as a deduction, in lieu of the deduction for charitable, etc., contributions authorized by Section 9 (o), any part of the gross income, without limitation, which pursuant to the terms of the will or deed creating the trust, is during the taxable year paid or permanently set aside for the purposes and in the manner specified in Section 9 (o), or is to be used exclusively for religious, charitable, scientific, literary, or educational pur- poses, or for the prevention of cruelty to children or animals, or for the es- tablishment, acquisition, maintenance or operation of a public cemetery not operated for profit; (b) There shall be allowed as an additional deduction in computing the net income of the estate or trust the amount of the income of the estate or trust for its taxable year which is to be distributed currently by the fiduciary to the beneficiaries, and the amount of the income collected by a guardian of 646 Vol. IV Acts of the Legislature *::: an infant which is to be held or distributed as the court may direct, but the amount so allowed as a deduction shall be included in computing the net in- come of the beneficiaries whether distributed to them or not. Any amount al- lowed as a deduction under this paragraph shall not be allowed as a deduction under Subsection (c) of this Section in the same or any succeeding taxable year; (c) In the case of income received by estates of deceased persons during the period of administration or settlement of the estate, and in the case of in- come which, in the discretion of the fiduciary, may be either distributed to the beneficiary or accumulated, there shall be allowed as an additional deduc- tion in computing the net income of the estate or trust the amount of the in- come of the estate or trust for its taxable year, which is properly paid or credited during such year to any legatee, heir, or beneficiary, but the amount so allowed as a deduction shall be included in computing the net income of the legatee, heir, or beneficiary. Section 44. Credits Against Net Income. (a) Credits of Estate or Trust.—For the purpose of the normal tax and the surtax the estate or trust shall be allowed the same personal exemption as is allowed to a single person under Section 11 (a) (1). (b) Credits of Beneficiary.—If any part of the income of an estate or trust is included in computing the net income of any legatee, heir, or bene- ficiary, such legatee, heir, or beneficiary shall, for the purpose of the normal tax, be allowed as credits against net income, in addition to the credits allowed to him under Section 11, his proportionate share of such amounts of dividends and interest specified in Section 8 (a) as are, under this supplement, required to be included in computing his net income. Any remaining portion of such amounts specified in Section 8 (a) shall, for the purpose of the normal tax, be allowed as credits to the estate or trust. Section 45. Different Taxable Years.-If the taxable year of a bene- ficiary is different from that of the estate or trust, the amount which he is required, under Section 43 (b), to include in computing his net income, shall be based upon the income of the estate or trust for any taxable year of the estate or trust (whether beginning on, before, or after January 1, 1935) ending within his taxable year. Section 46. Employees Trusts.-A trust created by an employer as a part of a stock bonus, pension, or profit-sharing plan for the exclusive benefit of some or all of his employees, to which contributions are made by such employer, or employees, or both, for the purpose of distributing to such employees the earnings and principal of the fund accumulated by the trust in accordance with such plan, shall not be taxable under Section 42, but the amount actually distributed or made available to any distributee shall be taxable to him in the year in which so distributed or made available to the extent that it exceeds the amounts paid in by him. Section. 47. Revocable Trust.—Where at any time during the taxable year the power to revest in the grantor title to any part of the corpus of the trust is vested— (1) In the grantor, either alone or in conjunction with any person not having a substantial adverse interest in the disposition of such part of the corpus or the income therefrom, or (2) In any person not having a substantial adverse interest in the disposition of such part of the corpus or the income therefrom, then the income of such part of the trust for such taxable year shall be included in computing the net income of the grantor. Section 48. Income For Benefit of Grantor. (a) Where any part of the income of a trust— (1) Is, or in the discretion of the grantor or of any person not having a substantial adverse interest in the disposition of such part of the income may be, held or accumulated for future distribution to the grantor; or 647 Vol. IV *::: Legal Materials (2) May in the discretion of the grantor or of any person not having, a substantial adverse interest in the disposition of such part of the income, be distributed to the grantor; or (3) Is, or in the discretion of the grantor of any person not having a substantial adverse interest in the disposition of such part of the income may be, applied to the payment of premiums upon policies of insurance on the life of the grantor (except policies of insurance irrevocably payable for the pur- poses and in the manner specified in Section 9 (o), relating to the so-called “charitable contribution” deduction); then such part of the income of the trust shall be included in computing the net income of the grantor. (b) As used in this Section the term “in the discretion of the grantor” means “in the discretion of the grantor, either alone or in conjunction with any person not having a substantial adverse interest in the disposition of the part of the income in question.” SUPPLEMENT D–PARTNERSHIPS Section 49. Partnership Not Taxable.—Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity. Section 50. Tax on Partners.-There shall be included in computing the net income of each partner his distributive share, whether distributed or not, of the net income of the partnership for the taxable year. Section 51. Computation of Partnership Income.—The net income of the partnership shall be computed in the same manner and on the same basis as in the case of an individual. Section 52. Credits Against Net Income.—The partner shall, for the purpose of the normal tax, be allowed as a credit against his net income, such credits as are allowed in Section 11, but this shall not be construed as allowing a credit in excess of the credits allowed in such section. Section 53. Partnership Returns.—Every Partnership shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowed by this Act, and shall include in the return the names and address of the individuals who would be entitled to share in the net income of distributed and the amount of the distributive share of each individual. The return shall be sworn to by any one of the partners. Section 54. Different Taxable Years of Partner and Partnership. (a) If the taxable year of a partner is different from that of the partner- ship, the distributive share of the net income of the partnership to be included in computing the net income of the partner for his taxable year shall be based upon the net income of the partnership for any taxable year of the partnership (whether beginning on, before, or after January 1, 1935) ending within the taxable year of the partner. SUPPLEMENT E–INSURANCE COMPANIES Section 55. Tax on Life Insurance Companies. (a) Definition.—When used in this Act the term “Life Insurance Com- pany” means an insurance company engaged in the business of issuing life insurance and annuity contracts (including contracts of combined life, health, and accident insurance), the reserve funds of which held for the fulfillment of such contracts comprise more than 50 per centum of its total reserve funds. (b) The tax shall be computed as follows: (1) In the case of a domestic life insurance company the tax shall be computed upon its entire net income; (2) In the case of a foreign life insurance company the tax shall be computed upon the net income from sources within the State of Louisiana. Section 56. Gross Income of Life Insurance Companies. (a) In the case of a life insurance company the term “gross income” means the gross amount of income received during the taxable year from interest, dividends and rents. 648 Vol. IV Acts of the Legislature *::: * (b) The term “reserve funds requied by law” includes, in the case of assessment insurance, sums actually deposited by any company or association with state or territorial officers pursuant to law as guaranty or reserve funds, and any funds maintained under the charter or articles of incorporation of the company or association exclusively for the payment of claims arising under certificates of membership or policies issued upon the assessment plan and not subject to any other use. Section 57. Net income of Life Insurance Companies. (a) In the cae of life insurance company the term “net income” means the gross income less— (1) The amount of interest received during the taxable year upon the obligations of a State, Territory, or any political subdivision thereof, or the District of Columbia, or the Federal Government, or any of its possessions, or obligations of a corporation organized under Act of Congress, if such corpora- tion is an instrumentality of the United States. (2) An amount equal to 4 per centum of the mean of the reserve funds required by law and held at the beginning and end of the taxable year, except in the case of any such reserve fund which is computed at a lower interest assumption rate, the rate of 3% per centum shall be substituted for 4 per centum. Life insurance companies issuing policies covering life, health, and accident insurance combined in one policy issued on the weekly premium payment plan, continuing for life and not subject to cancellation, shall be allowed, in addition to the above, a deduction of 3% per centum of the mean of such reserve funds (not required by law) held at the beginning and end of the taxable year, as the Supervisor finds to be necesary for the protection of the holders of such policies only; (3) The amount of dividends from a domestic or foreign corporation which is subject to taxation under this Act; (4) An amount equal to 2 per centum of any sums held at the end of the taxable year as a reserve for dividends (other than dividends payable during the year following the taxable year) the payment of which is deferred for a period of not less than five years from the date of the policy contract: (5) Investment expenses paid during the taxable year; provided, that if any general expenses are in part assigned to or included in the investment expenses, the total deduction under this paragraph shall not exceed one-fourth of 1 per centum of the book value of the mean of the invested assets held at the beginning and end of the taxable year; (6) Taxes and other expenses paid during the taxable year exclusively upon or with respect to the real estate owned by the company, not including taxes assessed against local benefits of a kind tending to increase the value of the property asessed, and not including any amount paid out for new buildings, or for permanent improvements or betterments made to increase the value of any property. The deduction allowed by this paragraph shall be allowed in the case of taxes imposed upon a shareholder of a company upon his interest as a shareholder, which are paid by the company without reimbursement from the shareholder, but in such cases no deduction shall be allowed the shareholder for the amount of such taxes; (7) A reasonable allowance as provided in Section 9 (1) for the ex haustion, wear and tear of property, including a reasonable allowance for ob- solescense; and (8). All interest paid within the taxable year on its indebtedness, except on indebtedness incurred or continued to purchase or carry, or the proceeds of which were used to purchase or carry obligations, the interest upon which is wholly exempt from taxation under this Act. (9) Net additions made within the taxable year to reserve funds, and sums paid within the taxable year on policy and annuity contracts. (b) Rental Value of Real Estate.-The deduction under Subsection (a) (6) or (7) of this Section on account of any real estate owned and occupied in whole or in part by a life insurance company, shall be limited to an amount which bears the same ratio to which deduction (computed without regard to this Subsection) as the rental value of the space not so occupied bears to the rental value of the entire property. 649 Vol. IV ſ: Legal Materials (c) Foreign Life Insurance Companies.—In the case of a foreign life insur- ance company the amount of its net income for any taxable year from sources within the State of Louisiana shall be the same proportion of its net income for the taxable year from sources within and without the State of Louisiana, which the reserve funds required by law and held by it at the end of the taxable year upon business transacted within the State of Louisiana is of the reserve funds held by it at the end of the taxable year upon all business transacted. Section 58. Insurance Companies Other Than Life or Mutual. (a) The tax on insurance companies other than life or mutual, shall be computed as follows: (1) In the case of a domestic insurance company the tax shall be computed upon its entire net income. (2) In the case of a foreign insurance company the tax shall be computed upon the net income from sources within the State of Louisiana. (b) Definition of Income, etc.—In the case of an insurance company sub- ject to the tax imposed by this Section— (1) Gross Income.—“Gross Income” means the sum of (A) the combined gross amount earned during the taxable year, from investment income and from underwriting income as provided in this Subsection, computed on the basis of the underwriting and investment exhibit of the annual statement ap- proved by the National Convention of Insurance Commissioners, and (B) gain during the taxable year from the sale or other disposition of property, and (C) all other items constituting gross income under Section 8; (2) Net Income.—“Net Income” means the gross income as defined in paragraph (1) of this Subsection, less the deductions allowed by Subsection (c) of this Section; (3) Investment Income.—“Investment Income” means the gross amount of income earned during the taxable year from interest, dividends, and rents, computed as follows: To all interest, dividends and rents received during the taxable year, add interest, dividends and rents due and accrued at the end of the taxable year, and deduct all interest, dividends and rents due and accrued at the end of the preceding taxable year; (4) Underwriting Income.—“Underwriting Income” means the premiums earned on insurance contracts during the taxable year less losses incurred and expenses incurred; (5) Premiums Earned.—“Premiums Earned on Insurance Contracts During the Taxable Year” means an amount computed as follows: From the amount of gross premiums written on insurence contracts during the taxable year, deduct return premiums and premiums paid for reinsurance. To the result so obtained add unearned premiums on outstanding business at the end of the preceding taxable year and deduct unearned premiums on outstanding business at the end of the taxable year; (6) Losses Incurred.—“Losses Incurred” means losses incurred during the taxable year on insurance contracts, computed as follows: To the losses paid during the taxable year, add salvage and reinsurance recoverable outstanding at the end of the preceding taxable year, and deduct salvage and reinsurance recoverable outstanding at the end of the taxable year. To the result so ob- tained add all unpaid losses outstanding at the end of the taxable year and deduct unpaid losses outstanding at the end of the preceding taxable year. (7) Expenses Incurred.—“Expenses incurred” means all expenses shown on the annual statement approved by the National Convention of Insurance Com- missioners, and shall be computed as follows: To all expenses paid during the taxable year add expenses unpaid at the end of the taxable year and deduct expenses unpaid at the end of the preceding taxable year. For the purpose of computing the net income subject to the tax imposed by this Section there shall be deducted from expenses incurred as defined in this paragraph all ex- penses incurred which are not allowed as deductions by Subsection (c) of this Section. (c) Deductions Allowed.—In computing the net income of an insurance company subject to the tax imposed by this Section there shall be allowed as deductions: 650 Vol. IV Acts of the Legislature †. 9 ( g All ordinary and necessary expenses incurred, as provided in Section 8) ; (2) All interest as provided in Section 9 (b); (3) Taxes as provided in Section 9 (c); (4) Losses incurred as defined in Subsection (b) (6) of this Section; (5) Losses sustained during the taxable year from the sale or other dis- position of property; (6) Bad debts in the nature of agency balances and bills receivable as- certained to be worthless and charged off within the taxable year; (7) The amount received as dividends from corporations as provided in Section 9 (p); (8) The amount of interest earned during the taxable year upon obligations of a State, Territory, or any poltical subdivision thereof, or the District of Columbia, or the Federal Government, or any of its possessions, or obligations of a corporation organized under Act of Congress, if such corporation is an instrumentality of the United States. (9) A reasonable allowance for the exhaustion, wear and tear of property, as provided in Section 9 (1). (d) Deductions of Foreign Corporation.—In the case of a foreign corpora- tion the deductions allowed in this Section shall be to the extent provided in Supplement F of this Act. (e) Double Deductions.—Nothing in this Section shall be construed to permit the same item to be twice deducted. Section 59. Computation of Gross Income—The gross income of insurance companies subject to the tax imposed by Section 55 or 58 shall not be deter- mined it, the manner provided in Section 34. Section 60. Mutual Insurance Companies Other Than Life. (a) Mutual insurance companies, other than life insurance companies, shall be taxable in the same manner as other corporations, except as hereinafter provided in this Section. (b) Gross Income.—Mutual marine insurance companies shall include in gross income the gross premiums collected and received by them less amounts paid for reinsurance. (c) Deductions.—In addition to the deductions allowed to corporations by Section 9 of the following deductions to insurance companies shall also be allowed, unless otherwise allowed— (1) Mutual Insurance Companies Other Than Life Insurance.—In the case of mutual insurance companies other than life insurance companies— (A) the net addition required by law to be made within the taxable year to reserve funds (including the case of assessment insurance companies the actual deposit of sums with state or territorial officers pursuant to law as additions to guarantee or reserve funds); and (B) The sums other than dividends paid within the taxable year on policy and annunity contracts. (2) Mutual Marine Insurance Companies.—In the case of Mutual Marine Insurance Companies, in addition to the deductions allowed in paragraph (1) of this Subsection, unless otherwise allowed, amounts repaid to policyholders on account of premiums previously paid by them, and interest paid upon such amounts between the ascertainment and the payment thereof; (3) Mutual Insurance Companies Other Than Life and Marine.—In the case of Mutual Insurance Companies (including interinsurers and reciprocal underwriters, but not including mutual life or mutual marine insurance com- panies) requiring their members to make premium deposits to provide for loses and expenses, the amount of premium deposits returned to their policy- holders and the amount of premium deposits retained for the payment of losses, expenses, and reinsurance reserves. Section 61. Offset Against Tax-Every insurance company shall be entitled to an offset against any tax incurred under this Act, in the amount of any 651 Vol. IV ; Legal Materials taxes, based on premiums, paid by it during the preceding twelve months, by virtue of any law of this state. SUPPLEMENT F_FOREIGN CORPORATIONS Section 62. Gross Income.—In the case of a foreign corporation gross income includes only the gross income from sources within the State of Louisiana. Section 63. Deductions.—In the case of a foreign corporation the deduc- tions shall be allowed only if and to the extent that they are connected with income from sources within the State of Louisiana; and the proper apportion- ment and allocation of the deductions with respect to sources within and without the State of Louisiana shall be determined as provided in Section 35, under rules and regulations prescribed by the Supervisor. Section 64. Allowance of Deductions and Credits.-A foreign corporation shall receive the benefit of the deductions and credits allowed to it in this Act only by filing or causing to be filed with the Supervisor a true and accurate return of its total income received from all sources in the United States, in the manner prescribed in this Act; including therein all the information which ºpenior may deem necesary for the calculation of such deductions and credits. Section 65. Credits Against Tax.-Foreign corporations shall not be allowed the credits against the tax for taxes paid other than taxes paid to the State of Louisiana and its subdivisions. Section 66. Returns.—In the case of a foreign corporation not having any office or place of business in the State of Louisiana the return, in lieu of the time prescribed in Section 22 (1), shall be made on or before the fifteenth day of the sixth month following the close of the fiscal year, or, if return is made on the basis of the calendar year, then on or before the fifteenth day of June. If any foreign corporation has no office or place of business in the State of Louisiana but has an agent in the State of Louisiana, the return shall be made by the agent. Section 67. Payment of Tax.-In the case of a foreign corporation not having any office or place of busines in the State of Louisiana, the total amount of tax imposed by this Act shall be paid, in lieu of the time prescribed in Section 25 (a), on the fifteenth day of June following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on the fifteenth day of the sixth month following the close of the fiscal year. Section 68. Foreign Insurance Companies.—For special provisions relating to foreign insurance companies, see Supplement E. SUPPLEMENT G–ASSESSEMENT AND COLLECTION OF DEFICIENCIES Section 69. Definition of Deficiency. As used in this Act in respect to a tax imposed by this Act, “deficiency” means— (a) The amount by which the tax imposed by this Act exceeds the amount shown as the tax by the taxpayer upon his return; but the amount so shown on the return shall first be increased by the amounts previously assessed (or collected without assessment) as a deficiency, and decreased by the amounts previously abated, credited, refunded, or otherwise repaid in respect of such tax; or (b) If no amount is shown as the tax by the taxpayer upon his return, or if no return is made by the taxpayer, then the amount by which the tax exceeds the amounts previously assessed (or collected without assessment) as a deficiency; but such amounts previously assessed, or collected without assessment, shall first be decreased by the amounts previously abated, credited, refunded, or otherwise repaid in respect of such tax. 652 Vol. IV Acts of the Legislature º: Section 70. Boards of Tax Appeals.-The Board of Tax Appeals (hereinafter referred to as the “Board”) is hereby created as an independent agency in the Executive branch of the state government. The Board shall be composed of three members, one of whom shall be a lawyer, one a certified public accountant, and one neither a lawyer nor certified public accountant. Section 71. (a) Members of the Board shall be appointed by the Governor, by and with the advice of the Senate, solely from a panel of three lawyers selected by the Supreme Court of the State of Louisiana; a panel of three certified public accountants selected by the Executive Committee of the Society of Loui- siana Certified Public Accountants; a panel of three who is neither a lawyer nor a certified public accountant selected by the Executive Committee of the Louisiana State Bankers Association. Members of the Board may be removed by the Governor after notice and opportunity for public hearings, for inefficiency, neglect of duty, or malfeasance in office, but for no other cause. Each member shall receive a compensation of twenty-five ($25.00) dollars per day when in session, and ten (10c) cents per mile going to and returning from the seat or domicile of the Board, not to exceed one round trip in each twenty days. (b) The terms of office of the first three members who are to compose the Board shall begin January 1, 1937, and shall expire, as designated by the Governor at the time of appointment, one at the end of the second year, one at the end of the fourth year, and one at the end of the sixth year, after January 1, 1937, thereafter each member shall be appointed for a term of four years; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecesor was appointed shall be ap- pointed only for the unexpired term of his predecessor. A member of the Board removed from office in accordance with Sub- division (a) of this Section shall not be permitted at any time to practice before the Board. Section 72. Organization and Procedure. The Board shall at least biennially designate a member to act as chairman. The Board shall have a seal which shall be judicially noticed. Section 73. The Board is authorized to impose a fee in an amount not in excess of $10.00 to be fixed by the Board for the filing fee of any petition for the redetermination of a deficiency. Section 74. A majority of the members of the Board shall constitute a quorum for the transaction of the business of the Board. A vacancy in the Board shall not impair the powers nor affect the duties of the Board, nor of the remaining members of the Board. (a) If a petition for a redetermination of a deficiency has been filed by the taxpayer, a decision of the Board dismissing the proceeding shall, for the purpose of this Act, be considered as its decision that the deficiency is the amount determined by the Supervisor. An order specifying such amount shall be entered in the records of the Board unless the Board can not determine such amount from the pleadings. (b) A decision of the Board shall be held to be rendered upon the date that an order specifying the amount of the deficiency is entered into the records of the Board. If the Board dismisses a proceeding and is unable from the pleadings to determine the amount of the deficiency determined by the Super- visor, an order to that effect shall be entered in the records of the Board, and the decision of the Board shall be held to be rendered upon the date of such entry. (c) If the assessment or collection of any tax is barred by any statute of limitations, the decision of the Board to that effect shall, for the purpose of this Act be considered as its decision that there is no deficiency in respect of such tax. Section 75. (a) Notice and opportunity to be heard shall be given to the taxpayer and the Supervisor and a decision shall be made as quickly as prac- ticable. Hearings before the Board shall be open to the public and shall be 653 Vol. IV †. - Legal Materials stenographically reported. The Board is authorized to contract for the report- ing of such hearings, and in such contract to fix the terms and conditions under which transcripts will be supplied by the contractor to the Board and to other persons and agencies. The proceedings of the Board shall be conducted in accordance with such rules of practice and procedure (other than rules of evidence) as the Board may prescribe and in accordance with the rules of evidence applicable in Courts of Eduity. The mailing by registered mail of any pleading, order, notice, or process in respect of proceedings before the Board shall be held sufficient service of such pleading, order, notice, or process. (b) It shall be the duty of the Board to make findings of fact and a decision in each case before it, and report thereon in writing; except that the findings of fact and report thereon may be omitted in case of a decision dis- missing any proceedings upon motion either of the taxpayer, the Supervisor, or the Board. Whenever the Board deems it advisable, the report shall contain an opinion in writing in addition to the findings of fact and decision. (c) All reports of the Board and all evidence received by the Board, in- cluding a transcript of the stenographic report of the hearings, shall be public records open to the inspection of the public; except that after the decision of the Board in any proceeding has become final the Board may, upon motion of the taxpayer or the Supervisor, permit the withdrawal by the party entitled thereto of original of books, documents, and records, and models, diagrams, and other exhibits, introduced in evidence before the Board; or the Board may, on its own motion make such other disposition thereof as it deems advisable. (d) The Board shall provide for the publication of its reports in such form and manner as may be best adapted for public information and use, and such authorized publication shall be competent evidence of the reports of the Board therein contained in all courts of the state without any further proof or au- thentication thereof. Such reports shall be subject to sale, the proceeds of which shall be used by the Board to apply on the cost of its publications. (e) The principal office and domicile of the Board shall be in Baton Rouge, but the Board may sit at any place within the State. The times and places of the meetings of the Board shall be prescribed by the chairman with a view to securing reasonable opportunity to taxpayers to appear before the Board, with as little inconvenience and expense to taxpayers as is practicable. (f) The Governor shall provide the Board with suitable rooms in the Capitol. Section 76. For the efficient administration of the function vested in the Board, any member of the Board, or any employee of the Board designated in writing for the purpose by the Chairman, may administer oaths, and any mem- ber of the Board may examine witnesses and require by subpoena ordered by the Board and signed by the members: (1) the attendance and testimony of witnesses, and the production of all necessary returns, books, papers, documents, correspondence, and other evi- dence, from any place at any designated place of hearing, or (2) the taking of a deposition before any designated individual competent to administer oaths under this Act. In the case of a deposition the testimony shall be reduced to writing by the individual taking the deposition or under his direction and shall then be subscribed by the deponent. Section 77. Any witness summoned or whose deposition is taken under Section 76 shall receive the same fees and mileage as witnesses in courts of the State of Louisiana. Such fees and mileage and the expenses of taking any such deposition shall be paid as follows: (1) In the case of witnesses for the Supervisor, such payments shall be made out of any monies appropriated to the Board. (2) In the case of any other witnesses, such payments shall be made, subject to the rules prescribed by the Board, by the party at whose instance the witness appears or deposition is taken. Section 78. The Board is authorized to appoint such employees, and to make such expenditures (including expenditures for personal services and for law books, books of reference and periodicals), as may be necessary efficiently 654 Vol. IV Acts of the Legislature º: to execute the functions vested in the Board. All expenditures of the Board shall be allowed and paid, out of any monies appropriated for the purposes of the Board, upon presentation of itemized vouchers therefore signed by the chairman. All fees received by the Board shall be appropriated to the Board for its use in defraying any expenses necessary to execute the functions vested in the Board. Section 79. Whenever it appears to the Board that proceedings before it have been instituted by the taxpayer merely for delay, damages in an amount not in excess of Five Hundred ($500.00) Dollars shall be awarded to the State of Louisiana by the Board in its decision. Damages so awarded shall be assessed at the same time as the deficiency and shall be paid upon notice and demand from the Supervisor, and shall be collected as a part of the tax. Section 80. Courts Review of Board's Decisions. (a) After a final decision of the Board, the Supervisor or the taxpayer may, within six months after the decision is rendered, file a petition for review by the District Court of proper jurisdiction. (b) Despite the provisions in any other Section of this Act, such review shall not operate as a stay of assessment or collection of any portion of the amount of the deficiency determined by the Board unless a petition for review in respect of such portion is filed by the taxpayer and then only if the taxpayer (1) on or before the time his petition for review is filed (and in any event before the expiration of six months after the decision of the Board is rendered) has filed with the Board a bond in a sum fixed by the Board not exceeding double the amount of the portion of the deficiency in respect of which the petition for review is filed, and with surety approved by the Board, con- ditioned upon the payment of the deficiency as finally determined, together with any interest, additional amounts, or additions to the tax provided for by law, or (2) has filed a jeopardy bond as provided by Section 84 of this Act. (c) In cases where assessment or collection has not been stayed by the filing of a bond, then if the amount of the deficiency determined by the Board is disallowed in whole or in part by the Court, the amount so disallowed shall be credited or refunded to the taxpayer, or if collection has not been made, shall be abated. (d) Nothing in Subdivision (b) shall be construed as relieving the pe- titioner from making or filing such undertakings as the court may require as a condition of or in connection with the review. JURISDICTION Section 81. (a) The District Courts shall have exclusive jurisdiction to review the decisions of the Board, and the judgment of any such court shall be subject to further appeal to the Supreme Court in accordance with law. (b) Upon such review, such courts shall have the power to affirm, or, if the decision of the Board is not in accordance with law, to modify, or to reverse the decision of the Board, with or without remanding the case for a re-hearing, as justice may require. Section 82. (a) The District Courts, and the Supreme Court shall have the power to impose damages in any case where the decision of the Board is affirmed and it appears the petition was filed merely for delay. (b) The Board is authorized to fix a fee, not in excess of the fee fixed by law, to be charged and collected therefor by clerks of District Courts for com- piling, or for preparing and compiling, a transcript of the record. Section 83. Procedure in General. (a) Petition to Board of Tax Appeals.-If in the case of any taxpayer the Supervisor determines that there is a deficiency in , respect of the tax imposed by this Act, the Supervisor is authorized to send notice of such deficiency 655 Vol. IV ſ: Legal Materials to the taxpayer by registered mail. Within 90 days after such notice is mailed (not counting Sunday as the ninetieth day) the taxpayer may file a petition with the Board of Tax Appeals for a redetermination of the deficiency. No assessment of a deficiency in respect of the tax imposed by this Act and no distraint or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90 day period, nor if a petition has been filed with the Board, until the decision of the Board has become final. For exception to the restrictions imposed by this Subsection, see (1) Subsection (d) of this Section, relating to waivers by the taxpayer; (2) Subsection (f) of this Section, relating to nullifications of mathematical errors appearing upon the face of the return; (3) Section 84, relating to jeopardy assessments; and (4) Section 85, relating to bankruptcy, and receiverships. (b) Collection of Deficiency Found by Board.—If the taxpayer files a petition with the Board, the entire amount redetermined as the deficiency by the decision of the Board which has become final shall be assessed and shall be paid upon notice and demand from the Supervisor. No part of the amount determined as a deficiency by the Supervisor, but disallowed as such by the decision of the Board which has become final, shall be assessed or be collected by distraint or by proceedings in court with or without assessment. (c) Failure to File Petition. If the taxpayer does not file a petition with the Board within the time prescribed in Subsection (a) of this section, the deficiency, notice of which has been mailed to the taxpayer, shall be assessed, and shall be paid upon notice and demand from the collector. (d) Waiver of Restrictions. The taxpayer shall at any time have the right, by a signed notice in writing filed with the Supervisor, to waive the restrictions provided in Subsection (a) of this Section on the assessment and collection of the whole or any part of the deficiency. (e) Increase of Deficiency After Notice Mailed. The Board shall have the jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount of the deficiency notice of which has been mailed to the taxpayer, and to determine whether any penalty, additional amount or addition to the tax should be assessed. If claim therefor is asserted by the Supervisor at or before the hearing or rehearing. (f) Further Deficiency Letters Restricted. If the supervisor has mailed to the taxpayer notice of a deficiency as provided in Subsection (a) of this section, and the taxpayer files a petition with the Board within the time prescribed in such Subsection, the Supervisor shall have no right to determine any additional deficiency in respect of the same taxable year, except in the case of fraud, and except as provided in Subsection (e) of this Section, relating to assertion of greater deficiencies before the Board, or in Section 84 (c), relat- ing to the making of jeopardy assessments. If the taxpayer is notified that, on account of a mathematical error appearing upon the face of the return, an amount of tax in excess of that shown upon the return is due, and that an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical error, such notice shall not be considered (for the purpose of this Subsection, or of Subsection (a) of this Section, prohibiting assessment and collection until notice of defi- ciency has been mailed, or if Section 100 (c), prohibiting credits or refunds after petition to the Board of Tax Appeals) as a notice of a deficiency, and the taxpayer shall have no right to file a petition with the Board based on such notice, nor shall such assessment or collection be prohibited by the provisions of Section (a) of this Section. (g) Jurisdiction Over Other Taxable Years. The Board, in redetermining a deficiency in respect of any taxable year, shall consider such facts with rela- tion to the taxes for other taxable years as may be necessary correctly to redetermine the amount of such deficiency, but in so doing shall have no jurisdiction to determine whether or not the tax for any other taxable year has been overpaid or underpaid. (h) Final Decisions of Board. For the purposes of this Act, the date on which a decision of the Board becomes final shall be determined as follows: 656 Vol. IV Acts of the Legislature º: (A) The decision of the Board shall become final— (1) upon the expiration of the time allowed for filing a petition for re- view, if no such petition has been duly filed within such time; or º (2) upon the expiration of the time allowed for filing a petition for appeal, if the decision of the Board has been affirmed or the petition for review dis- missed by the District Court, and no appeal has been taken; or (3) upon dismissal of the appeal, if the decision of the Board has been affirmed or the petition for review dismissed by the District Court; or (4) upon the expiration of 30 days from the date of issuance of the man- date of the Supreme Court, if such court directs that the decision of the Board be affirmed or the petition for review dismissed. (B) If the Supreme Court directs that the decision of the Board be modified or reversed, the decision of the Board rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of 30 days from the time it was rendered, unless within such 30 days either the Supervisor or the taxpayer has instituted proceedings to have such decision corrected to accord with the mandate, in which event the decision of the Board shall become final when so corrected. (C) If the decision of the Board is modified or reversed by the District Court, and if (1) the time allowed for taking an appeal has expired and no such appeal has been taken; or (2) the appeal has been dismissed; or (3) the decision of the court has been affirmed by the Supreme Court, then the decision of the Board rendered in accordance with the mandate of the District Court shall become final on the expiration of 30 days from the time such decision of the Board was rendered, unless within such 30 days either the Supervisor or the taxpayer has instituted proceedings to have such decision corrected so that it will accord with the mandate, in which event the decision of the Board shall become final when so corrected. (D) If the Supreme Court order a re-hearing, or, if the case is remanded by the District Court to the Board for re-hearing, and if (1) the time allowed for taking an appeal has expired, and no such petition has been duly filed; or (2) the appeal has been dismissed; or (3) the decision of the Court has been affirmed by , the Supreme Court, then the decision of the Board rendered upon such re-hearing shall become final in the same manner as though no prior decision of the Board had been rendered. (E) As used in this Section— (1) The term “District Courts” means the District Courts of the State of Louisiana. (2) The term “mandate” in case a mandate has been recalled prior to the expiration of 30 days from the date of issuance thereof, means the final mandate. (F) Pro-rating of Deficiency to Installments.-If the taxpayer has elected to pay the tax in installments and a deficiency has been assessed, the deficiency shall be prorated to the four installments. Except as provided in Section 84 (relating to jeopardy assessments), that part of the deficiency so prorated to any installment, the date for payment of which has not arrived, shall be col- lected at the same time and as a part of such installment. That part of the deficiency so prorated to any installment, the date for payment of which has arrived, shall be paid upon notice and demand from the Supervisor. (G) Extension of Time for Payment of Deficiencies.—Where it is shown to the satisfaction of the Supervisor that the payment of a deficiency upon the date prescribed for the payment thereof will result in undue hardships to the taxpayer the Supervisor, (except where the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax), may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of eighteen months, and, in exceptional cases, for a further period not in excess of twelve months. If an extension is granted, 657 Vol. IV ſ: Legal Materials the supervisor may require the taxpayer to furnish a bond in such amount, not exceeding double the amount of the deficiency, and with such sureties as the Supervisor deems necessary, conditioned upon the payment of the deficiency in accordance with the terms of the extension. (H) Address for Notice of Deficiency.—In the absence of notice to the Supervisor, under Section 98 (a) of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by this Act, if mailed to the taxpayer at his last known address, shall be sufficient for the purposes of this Act even if the taxpayer is deceased, or is under legal disability, or in the case of a corporation, has terminated its existence. Section 84. Jeopardy Assessments. (a) Authority for Making.—If the Supervisor believes that the assess- ment or collection of a deficiency will be jeopardized by delay, he shall im- mediately assess such deficiency (together with all interest, additional amounts, or additions to the tax provided for by law) and notice and demand shall be made by the Supervisor for the payment thereof. (b) Deficiency Letters. If the jeopardy assessment is made before any notice in respect of the tax to which the jeopardy assessment relates has been mailed under Section 83 (a), then the Supervisor shall mail a notice under such Subsection within sixty days after the making of the assessment. - (c) Amount Assessable Before Decision of Board. The jeopardy assessment may be made in respect of a deficiency greater or less than that notice of which has been mailed to the taxpayer, despite the provisions of Section 83 (f) prohibiting the determination of additional deficiencies, and whether or not the taxpayer has theretofore filed a petition with the Board of Tax Appeals. The Supervisor shall notify the Board of the amount of such assessment, if the petition is filed with the Board before the making of the assessment or is subsequently filed, and the Board shall have the jurisdiction to redetermine the entire amount of the deficiency and of all amounts assessed at the same time in connection therewith. (d) Amount Assessable After Decision of Board. If the jeopardy assess- ment is made after the decision of the Board is rendered such assessment may . made only in respect of the deficiency determined by the Board in its €CISIOIn. (e) Expiration of Right to Assess. A jeopardy assessment may not be made after the decision of the Board has become final or after the taxpayer has filed a petition for review of the decision of the Board. (f) Bond to Stay Collection. When a jeopardy assessment has been made the taxpayer, within 10 days after notice and demand from the Supervisor for the payment of the amount of the assessment, may obtain a stay of col- lection of the whole or any part of the amount of the assessment by filing with the Supervisor a bond in such amount, not exceeding double the amount as to which the stay is desired, and with such securities, as the collector deems necessary, conditioned upon the payment of so much of the amount, the col- lection of which is stayed by the bond, as is not abated by a decision of the Board which has become final together with interest as provided in Section 95. (g) Further Conditions. If the bond is given before the taxpayer has filed his petition with the Board, under Section 83 (a), the bond shall contain a further condition that if a petition is not filed within the period provided in such Subsection, then the amount of the collection of which is stayed by the Bond will be paid on notice and demand at any time after the expiration of such period, together with interest thereon at the rate of six (6%) per centum per annum from the date of the jeopardy notice and demand to the date of notice and demand under this Subsection. (h) Waiver of Stay. Upon the filing of the bond, the collection of so much of the amount assessed as is covered by the bond shall be stayed. The taxpayer shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall, at the request of the taxpayer, be proportionately reduced. If the Board determines that the amount assessed is greater than the amount which 658 Vol. IV Acts of the Legislature º: should have been assessed, then when the decision of the Board is rendered, the bond shall, at the request of the taxpayer, be proportionately reduced. (i) Collection of Unpaid Amounts. When the petition has been filed with the Board and the amount which should have been assessed has been determined by a decision of the Board which has become final, then any unpaid portion, the collection of which has been stayed by the bond, shall be collected as a part of the tax upon notice and demand from the Supervisor and any remaining portion of the assessment shall be abated. If the amount already collected exceeds the amount determined as the amount which should have been assessed, such excess shall be credited or refunded to the taxpayer as provided, in Section 100, without filling a claim therefor. If the amount determined as the amount which should have been assessed is greater than the amount actually assessed, then the difference shall be assessed and shall be collected as a part of the tax upon notice and demand from the Supervisor. (j) Claims in Abatement.—No claim in abatement shall be filed in respect of any assessment in respect to any tax imposed by this Act. Section 85. Brankrupty and Receiverships. (a) Immediate Assessment. —Upon the adjudication of bankruptcy of any taxpayer in any bankruptcy proceeding or the appointment of a receiver for any taxpayer in any receivership proceeding before any court in the United States, any deficiency (together with all interest, additional amounts, or additions to the tax provided by this Act) determined by the Supervisor in respect of a tax imposed by this Act upon such taxpayer shall, despite the restrictions imposed by Section 83 (a) upon assessments, be immediately assessed if such deficiency has not theretofore been assessed in accordance with law. In such cases the trustee in bankruptcy or receivership shall give notice in writing to the Supervisor of the adjudication of bankruptcy or the appoint- ment of the receiver, and the running of the statute of limitations on the making of assessments shall be suspended for the period from the date of adjudication in bankruptcy or the appointment of the receiver to a date 30 days after the date upon which notice from the trustee or receiver is received by the Supervisor; but the suspension under this sentence shall in no case be for a period in excess of two years. Claims for the deficiency and such interest, additional amounts and additions to the tax may be presented, for adjudication in accordance with law, to the court before which the bankruptcy or receivership proceeding is pending, despite the pendency of proceedings for the redetermination of the deficiency in pursuance of a petition to the Board: but no petition for any such redetermination shall be filed with the Board after the adjudication of bankruptcy or the appointment of the receiver. (b) Unpaid Claims.--Any portion of the claim allowed in such bankruptcy or receivership proceeding which is unpaid shall be paid by the taxpayer upon notice and demand from the Supervisor after the termination of such proceeding, and may be collected by distraint or proceeding in court within six years after termination of such proceeding. Extension of time for such payment may be had in the same manner and subject to the same provisions and limitations as are provided in Section 83 (h) (G) and Section 94 in the case of a deficiency in a tax imposed by this Act. Section 86. Period of Limitation upon Assessment and Collection.—Except as provided in Section 87– (a) General Rule.—The amount of income taxes imposed by this Act shall be assessed within four years after the return was filed, and no proceedings in Court without assessment for the collection of such taxes shall be begun after the expiration of such period. (b) Request for Prompt Assessment.—In the case of income received during the lifetime of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within eighteen months after written request therefor (filed after the return is made) by the executor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of four years after the return was filed. This Subsection shall not apply in the case of a corporation unless— 659 Vol. IV #. Legal Materials (1) Such written request notifies the Supervisor that the corporation con- templates dissolution at or before the expiration of such eighteen months' period, and (2) the dissolution is in good faith begun before the expiration of such eighteen months' period, and (3) the dissolution is completed. (c) For the purposes of Subsections (a) and (b), a return filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day. (d) Corporation and Shareholder.—If a corporation makes no return of the tax imposed by this Act, but each of the shareholders includes in his return his distributive share of the net income of the corporation, then the tax of the corporation shall be assessed within four years after the last date on which any such shareholder's return was filed. Section 87. No Return or False Return. (a) If the taxpayer fails to file a return, or files a false or fraudulent return within intent to evade tax, or omits from gross income an amount properly includible therein which is in excess of 25 per centum of the amount of gross income stated in the return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment at any time. (b) Waivers. Where before the expiration of the time prescribed in Section 86 for the assessment of the tax, both the Supervisor and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (c) Collection After Assessment. Where the assessment of any income tax imposed by this Act has been made within the period of limitation properly applicable thereto, such tax may be collected by distraint or by a proceeding in court, but only if begun (1) within six years after the assessment of the tax, or (2) prior to the expiration of any period for collection agreed upon in writing by the Supervisor and the taxpayer before the expiration of such six- year period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. Section 88. Suspension of Running of Statute. The running of the statutes of limitations provided in Section 86 or 87 on the making of assessments and the beginning of distraint or a proceeding in a court for collection, in respect of any deficiency, shall (after the mailing of a notice under Section 83 (a) be suspended for the period during which the Supervisor is prohibited from making the assessment or beginning distraint or a proceeding in court (and in any event, if a proceeding in respect of the deficiency is placed on the docket of the Board, until the decision of the Board becomes final) and for sixty days thereafter. SUPPLEMENT H-INTEREST AND ADDITIONS TO THE TAX Section 89. Failure to File a Return. In case of any failure to make and file a return required by this Act, within the time prescribed by law or prescribed by the Supervisor in pursuance of law, 25 per centum of the tax, or $15.00, whichever is greater, shall be added to the tax, except that when a return is filed after such time, and it is shown that the failure to file it was due to reasonable cause and not due to wilful neglect, no such addition shall be made to the tax. The amount so added to any tax shall be collected at the same time and in the same manner and as a part of the tax unless the tax has been paid before the discovery of the neglect, in which case the amount so added shall be collected in the same manner as the tax. Section 90. Interest upon the amount determined as a deficiency shall be assessed at the same time as the deficiency, shall be paid upon notice and 660 Vol. IV Acts of the Legislature º: demand from the Supervisor, and shall be collected as a part of the tax, at the rate of six (6%) per centum per annum from the date prescribed for the payment of the tax (or, if the tax is paid in installments, from the date prescribed for the payment of the first installment), to the date the deficiency is assessed, or, in the case of a waiver under Section 83 (d), to the thirtieth day after the filing of such waiver or to the date the deficiency is assessed, which ever is earlier. Section 91. Additions To The Tax in Case of Deficiency. (a) Negligence. If any part of any deficiency is due to negligence, or intentional disregard of rules and regulations but without intent to defraud, 5 per centum of the total amount of the deficiency (in addition to such defi- ciency) shall be assessed, collected, and paid in the same manner as if it were a deficiency, except that the provisions of Section 83 (f), relating to the pro- rating of a deficiency, and of Section 90, relating to interest on deficiencies, shall not be applicable. (b) Fraud. If any part of any deficiency is due to fraud with intent to evade tax, then 50 per centum of the total amount of the deficiency (in addition to such deficiency) shall be so assessed, collected, and paid. Section 92. Addition To The Tax In Case Of Non-payment. (a) Tax Shown On Return— (1) General Rule. Where the amount determined by the taxpayer as the tax imposed by this Act, or any installment thereof, or any part of such amount or installment, is not paid on or before the date prescribed for its payment, there shall be collected as a part of the tax, interest upon such unpaid amount at the rate of 1 per centum a month from the date prescribed for its payment until it is paid. (2) If Extension is Granted. Where an extension of time for payment of the amount so determined as the tax by the taxpayer, or any installment thereof, has been granted, and the amount of time for payment of which has been extended, and the interest thereon determined under Section 93, is not paid in full prior to the expiration of the period of the extension, then, in lieu of the interest provided for in paragraph (1) of this Subsection, interest at the rate of 1 per centum a month shall be collected on such unpaid amount from the date of the expiration of the period of the extension until it is paid. (b) Deficiency. Where a deficiency, or any interest or additional amounts assessed in connection therewith under Section 90, or under Section 91, or any addition to the tax in case of delinquency provided for in Section 89, is not paid in full within ten days from the date of notice and demand from the Supervisor, there shall be collected as a part of the tax, interest upon the unpaid amount at the rate of 1 per centum a month from the date of such notice and demand until it is paid. If any part of a deficiency prorated to any unpaid installment under Section 83 (h) (F) is not paid in full on or before the date prescribed for the payment of such installment, there shall be collected as a part of the tax, interest upon the unpaid amount at the rate of 1 per centum per month from such date until it is paid. (c) Fiduciaries. For any period an estate is held by a fiduciary appointed by order of any court of competent jurisdiction or by will, there shall be collected interest at the rate of 6 per centum per annum in lieu of the interest provided in Subsection (a) and (b) of this Section. (d) Filing of Jeopardy Bond.—If a bond is filed, as provided in Section 84, the provisions of Subsection (b) and (c) of this Section shall not apply to the amount covered by the bond. Section 93. Time Extended For Payment of Tax Shown on Return.—If the time for payment of the amount determined as the tax by the taxpayer, or any installment thereof, is extended under the authority of Section 25 (c), there shall be collected as a part of such amount, interest thereon at the rate of 6 per centum per annum from the date when such payment should have been made if no extension had been granted, until the expiration of the period of the extension. 661 Vol. IV *: Legal Materials Section 94. Time Extended For Payment of Deficiency.—If the time for the payment of any part of a deficiency is extended, there shall be collected, as a part of the tax, interest on the part of the deficiency the time for pay- ment of which is so extended, at the rate of 6 per centum per annum for the period of the extension, and no other interest shall be collected on such part of the deficiency for such period. If the part of the deficiency, the time for payment of which is so extended, is not paid in accordance with the terms of the extension, there shall be collected, as a part of the tax, interest on such unpaid amount at the rate of 1 per centum a month for the period from the time fixed by the terms of the extension for its payment until it is paid, and no other interest shall be collected on such unpaid amount for such period. Section 95. Interest in Case of Jeopardy Assessment.—In the case of the amount collected under Section 84 (i) there shall be collected at the same time as such amount, and as a part of the tax, interest at the rate of 6 per centum per annum upon such amount from the date of the jeopardy notice and demand to the date of notice and demand under Section 84 (i), or, in the case of the amount collected in excess of the amount of the jeopardy assessment, interest as provided in Section 90. If the amount included in the notice and demand from the Supervisor under Section 84 (i) is not paid in full within ten days after such notice and demand, then there shall be collected, as a part of the tax, interest upon the unpaid amount at the rate of 1 per centum a month (or, for any period the estate of the taxpayer is held by a fiduciary appointed by any court of competent jurisdiction or by will, at the rate of 6 º centum per annum) from the date of such notice and demand until it is pald. Section 96. Bankruptcy and Receiverships.-If the unpaid portion of a claim allowed in a bankruptcy or receivership proceeding as provided in Sec- tion 85, is not paid in full within 10 days from the date of notice and demand from the Supervisor, then there shall be collected as a part of such amount, interest upon the unpaid portion thereof at the rate of 1 per centum a month from the date of such notice and demand until payment. SUPPLEMENT I–CLAIMS AGAINST TRANSFEREES AND FIDUCIARIES Section 97. Transferred Assets. (a) Method of Collection.—The amounts of the following liabilities shall, except as hereinafter in this Section provided, be assessed, collected, and paid in the same manner and subject to the same provisions and limitations as in the case of a deficiency in a tax imposed by this Act (including provisions in case of delinquency in payment after notice and demand, the provisions au- thorizing distraint and proceedings in court for collection, and the provisions prohibiting claims and suits for refunds): (1) Transferees.—The Liability, at law or in equity, of a transferee of property of a taxpayer, in respect of the tax (including interest, additional amounts, and additions to the tax provided by law) imposed upon the tax- payer by this Act. (2) Fiduciaries.—The Liability, at law or in equity, of a fiduciary in re- spect of a payment of any such tax from the estate of the taxpayer. Any such liability may be either as to the amount of tax shown on the return or as to any deficiency in tax. (b) Period of Limitation. The period of limitation for assessment of any such liability of a transferee or fiduciary shall be as follows: (1) In the case of the liability of an initial transferee of the property of the taxpayer, within one year after the expiration of the period of limitation for assessment against the taxpayer; (2) In the case of the liability of a transferee of the property of the tax- payer-within one year after the expiration of the period of limitation for assessment against the preceding transfered, but only if within three years after the expiration of the period of limitation for assessment against the taxpayer; except that if before the expiration of the period of limitation for the assess- ment of the liability of the transferee, a court proceeding for the collection 662 Vol. IV Acts of the Legislature º: of the tax or liability in respect thereof has been begun against the taxpayer or last preceding transferee, respectively, then the period of limitation for as- sessment of the liability of the transferee shall expire one year after the return of execution in the court proceeding. (3) In the case of the liability of a fiduciary, not later than one year after the liability arises or not later than the expiration of the period for col- lection of the tax in respect of which such liability arises, which ever is the later. (c) Period for Assessment Against Taxpayer. For the purposes of this Sec- tion, if the taxpayer is deceased, or in the case of a corporation, has termi- nated its existence, the period of limitation for assessment against the taxpayer shall be the period that would be in effect had the death or termination of existence not occurred. (d) Suspension of Running of Statute of Limitations. The running of the statute of limitations upon the assessment of the liability of a transferee or fiduciary shall, after the mailing to the transferee or fiduciary of the notice provided for in Section 83 (a), be suspended for the period during which the Supervisor is prohibited from making the assessment in respect of the liability of the transferee or fiduciary, (and in any event, if a proceeding in respect of the liability is placed on the docket of the Board, until the decision of the Board becomes final), and for 60 days thereafter. (e) Address for Notice of Liability. In the absence of notice to the Super- visor under Section 98 (b) of the existence of a fiduciary relationship, notice of liability enforceable under this Section in respect of a tax imposed by this Act, if mailed to the person subject to the liability at his last known address, shall be sufficient for the purpose of this Act even if such person is deceased, or is under legal disability, or, in the case of a corporation, has terminated its existence. (f) Definition of Transferee. As used in this Section, the term “trans- feree” includes heir, legatee, devisee, and distributee. Section 98. Notice of Fiduciary Relationship. (a) Fiduciary of Taxpayer. Upon notice to the Supervisor that any person is acting in a fiduciary capacity, such fiduciary shall assume powers, rights, duties, and privileges of the taxpayer in respect of a tax imposed by this Act, (except as otherwise specifically provided and except that the tax shall be col- lected from the estate of the taxpayer), until notice is given that the fiduciary capacity has terminated. (b) Fiduciary of Transferee. Upon notice to the Supervisor that any person is acting in a fiduciary capacity for a person subject to the liability specified in Section 97, the fiduciary shall assume, on behalf of such person, the powers, rights, duties, and privileges of such person under such Section, (except that the liability shall be collected from the estate of such person), until notice is given that the fiduciary capacity has terminated. (c) Manner of Notice. Notice under Subsection (a) or (b) shall be given in accordance with regulations prescribed by the Supervisor. SUPPLEMENT J–OVERPAYMENTS Section 99. If the taxpayer has paid as an installment of the tax more than the amount determined to be the correct amount of such installment, the overpayment shall be cerdited against the unpaid installments, if any. If the amount already paid, whether or not on the basis of installments, exceeds the amount determined to be the correct amount of the tax, the overpayment shall be credited or refunded as provided in Section 100. Section 100. Refunds and Credits. (a) Authorization.—Where there has been an overpayment of any tax imposed by this Act, the amount of such overpayment shall be credited against any income, or surtax or installment thereof then due from the taxpayer, and any balance shall be refunded immediately to the taxpayer. 663 Vol. IV : Legal Materials (b) Limitations on Allowance.— (1) Period of Limitation.—Unless a claim for credit or refund is filed by the taxpayer within three years from the time the return was filed by the tax- payer or within two years from the time the tax was paid, no credit or refund shall be allowed or made after the expiration of whichever of such periods ex- pires the later. If no return is filed by the taxpayer, then no credit or refund shall be allowed or made after two years from the time the tax was paid, un- less before the expiration of such period a claim therefor is filed by the tax- payer. - (2) Limit on Amount of Credit or Refund.—The amount of the credit or refund shall not exceed the portion of the tax paid during the three years immediately preceding the filing of the claim, or, if no claim was filed, then during the three years immediately preceding the allowance of the credit or refund. (c) Effect of Petition to Board.-If the Supervisor has mailed to the tax- payer a notice of deficiency under Section 83 (a) and if the taxpayer files a pe- tition with the Board of Tax Appeals within the time prescribed in such Sub- section, no credit or refund in respect of the tax for the taxable year in respect of which the Supervisor has determined the deficiency shall be allowed or made and no suit by the taxpayer for the recovery of any part of such tax shall be instituted in any court except— (1) As to overpayments determined by a decision of the Board which has become final; and (2) As to any amount collected in excess of an amount computed in ac- cordance with the decision of the Board which has become final; and (3) As to any amount collected after the period of limitation upon the be- ginning of distraint or a proceeding in court for collection has expired; but in any such claim for credit or refund or in any such suit for refund, the decision of the Board which has become final, as to whether such period has expired before the notice of deficiency was mailed, shall be conclusive. (d) Overpayment Found By Board.—If the Board finds there is no de- ficiency and further finds that the taxpayer has made an overpayment of tax in respect of the taxable year in respect of which the Supervisor determined the deficiency, the Board shall have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the Board has be- come final, be credited or refunded to the taxpayer. No such credit or refund shall be made of any portion of the tax unless the Board determines as part of its decision that it was paid within three years before the filing of the claim or the filing of the petition whichever is earlier. Section 101. Duty of Supervisor of Public Accounts to Collect Tax. (a) It is hereby made the duty of the Supervisor of Public Accounts to collect the tax herein levied. The term “Supervisor” as used in this Act means the Supervisor of Public Accounts. (b) The Supervisor shall supervise, collect and enforce the collections of all taxes and penalties that may be due under the provisions of this Act, and to that end the said Supervisor is hereby vested with all the power and au- thority (not otherwise vested in the Board of Tax Appeals) conferred by this Act. The Supervisor is further authorized and empowered to promulgate, make and publish reasonable rules and regulations, not inconsistent with this Act or other laws or the Constitution of this State or of the United States, for the enforcement of the provsions of this Act and the collection of revenues here- under. (c) The Attorney General of the state shall be the general counsel of the Supervisor, but the Supervisor may employ private counsel to represent him when it is for the best interest of the state to do so. (d) The Supervisor is hereby authorized to appoint and fix the duties of such assistants and employees as he may deem necessary to assist him in the performance of his duties, he is further authorized to appoint such field in- spectors (hereinafter in this Section an Act referred to as “Revenue Agents”) not to exceed as he may deem necessary: 664 Vol. IV Acts of the Legislature i. (e) All monies collected by the Supervisor under the provisions of this Act shall be paid to the State Treasurer on or before the tenth day of each month and credited to the Property Tax Relief Fund. (f) The cost of administering and the inspection and enforcement duties required herein shall be paid by the Supervisor, and he shall withhold from the first sums realized on the collection of the tax levied hereunder, a sum not to exceed $100,000.00 per annum, or as much thereof as may be necessary. (g) The Auditor of the State is hereby authorized and directed to audit the accounts of the Supervisor as he may deem necessary but not less than each 45 days. Section 102. Constitutionality. (Constitutionality). Should any Section, Subsection, clause, sentence, phrase or part of this Act, for any reason, be held, deemed or construed to be unconstitutional on invalid, such decision shall not effect the validity of the remaining portions of this Act, and the Legislature hereby declares that it would have passed this Act, each Section, Subsection, clause, sentence, phrase and part thereof irrespective of the fact that one or more of the Sections, Sub- sections, clauses, sentences, phrases or parts thereof be declared unconstitu- tional or invalid. Section 103. Repealing Clause. All laws or parts of laws in conflict or inconsistent herewith be, and the same are, hereby repealed. Section 104. This Act shall become operative from and after, and not until, the First (1st) day of January, 1935; but said Act shall take effect only if the amendment to Section 1 of Article X of the Constitution of Louisiana, proposed by House Bill No. 29 of this 1934 Legislature, is adopted by the electors. ACT 147 OF 1934 AN ACT To authorize cities of not less than 25,000 nor more than 100,000 population to set aside, out of the funds derived from the license tax or permit fees imposed against the sale and distribution of alcoholic liquor, beer, wine and other beverages containing alcohol, which tax or permit is charged for doing business in the said municipality or city, ten per cent of amounts so collected to be placed in the relief fund for officers of the police depart- ment in such cities or municipalities. Section 1. Be it enacted by the Legislature of Louisiana, That in cities or municipalities of not less than 25,000 nor more than 100,000 population which have a paid police department, such municipalities or cities may set aside out of any funds derived from the sale or issuance of licenses, privilege taxes or permits to wholesalers, retailers or distributors of alcoholic liquors, beer, wine and other beverages containing alcohol, which tax privilege or permit is charged for conducting such business in the municipality or city an amount equal to ten per cent of the gross amount so collected, such funds, when and as collected, to be placed to the credit of the fund for the pensioning of disabled and superannuated members of the police department of such municipality or city, and of the widows and orphans or dependent mothers of deceased mem- bers of the police department to relieve said members in case of temporary disability. Section 2. That such funds, when and as collected, as provided for in Section 1 of this Act, shall be placed in the funds established by Act 290 of 1914, to supplement and augment the same, and shall be administered and distributed as provided for thereby and therein. Section 3. That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. 665 Vol. IV ſ: Legal Materials ACT 66 OF 1936 A JOINT RESOLUTION Proposing an amendment to Section 22 of Article VI of the Constitution of the State of Louisiana, relative to the General Highway Fund of the State of º by adding thereto an additional paragraph to be known as para- graph (f). Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the State of Louisiana for their approval or rejection, in the manner provided for by law, a proposition to amend the present Section 22 of Article VI of the Constitution of Louisiana, by adding thereto an additional paragraph, to be known as paragraph (f), and which shall read, as follows: (f) That in order to provide ready funds for the construction, maintenance, improvement and extension of State highways and necessary bridges thereon situated and for the other purposes hereinafter provided, the Louisiana Highway Commission, by and with the consent of the State Advisory Board, shall have and is hereby granted authority and power to fund into bonds of the State of Louisiana such portion of the tax on gasoline, benzine, naptha or other motor fuels, as defined by law, as now provided for by the Constitution and Statutes of the State, provided, that said Bonds herein authorized to be issued and sold, shall be general obligations of the State of Louisiana, that said bonds shall mature serially as herein provided, and that the total amount of bonds which are hereby authorized to be issued and sold shall not exceed the sum of Thirty Million Dollars ($30,000,000.00); provided further that said bonds shall be serial and shall have such maturities as may be determined and fixed by said Louisiana Highway Commission, and shall be issued in such sums and denominations as said Commission may determine, for not less than One Thousand ($1,000.00) each, and may be registered or payable to bearer, in the discretion of said Com- mission; provided further, that said bonds shall be issued at such time or times, in such form and with such series designations, and may contain such provisions as may be by said Commission deemed expedient for registration in the name of the holder or for the release thereof from registration shall bear interest at a rate not exceeding five per centum (5%) per annum, shall be payable in princi- pal at such time or times as the Commission may prescribe, beginning four (4) years after the date of said bonds and running for a period not to exceed twenty- five (25) years from date of issuance, and the interest on said bonds shall be payable semi-annually. The place or places of payment of the principal and interest shall be fixd by said Commission and said bonds shall be sold to the highest bidder at public sales for not less than par and accrued interest, after advertisement at least once a week for not less than thirty (30) days by said Commission in New Orleans, Chicago, New York and such other places as said Commission may determine, reserving to said Commission the right to reject any and all bids, including the right to readvertise for new bids, in accordance with the provisions herein contained. The tax now levied under the Constitution and Statutes of the State, on gasoline, benzine, naphtha and other motor fuels in the amount of four cents (4%) per gallon shall continue so long as any of the bonds issued hereunder are outstanding and shall primarily be dedicated to the retirement of said bonds and the payment of interest thereon, subjct always to the prior charge on said tax of the bonds issued under the provisions of Act No. 219 of the Regular Session of the Legislature of 1928, Act No. 3 of the Extra Session of the Legis- lature of 1930 and Act No. 2 of the Regular Session of the Legislature of 1934. All of the proceeds of said four cents (4%) per gallon tax now levied under the Constitution and Statutes of the State, on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be paid into the State Treasury, as collected, in accordance with existing laws, or such laws as may hereafter be enacted with respect thereto, and shall be devoted primarily to the retirement of the principal of and the payment of interest on all bonds authorized to be issued hereunder, except as hereinafter provided; provided, as long as any of the bonds authorized and issued under the provisions of Act No. 219 of the 666 Vol. IV Acts of the Legislature º: Regular Session of the Legislature of 1928, adopted as an amendment to the Constitution of Louisiana, remain outstanding and unpaid, it is hereby expressly required that one cent (1%) per gallon of the tax levied on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be collected, dedi- cated and set aside primarily for the payment of principal and interest of said outstanding and unpaid bonds and all surplus, if any, over and above the amount necessary to pay said outstanding and unpaid bonds and interest thereon shall be dedicated and set aside for the retirement of bonds and the payment of interest on bonds issued under the provisions of Act No. 3 of the Extra Session of the Legislature of 1930 and Act No. 2 of the Regular Session of the Legislature of 1934, adopted as amendments to the Constitution of Louisiana; provided further, that in addition to said excess, if any, realized from the col- lection of one cent (1%) per gallon of the tax levied on gasoline, benzine, naphtha and other motor fuels, as defined by law, and dedicated primarily to the payment of principal and interest on outstanding and unpaid bonds issued under the provisions of Act No. 219 of the Regular Session of the Legislature of 1928, adopted as an amendment to the Constitution of Louisiana, it is ex- pressly required that the proceeds realized from the balance of the four cents (44) tax, being a tax of three cents (3%) per gallon, now levied under the Constitution and Statutes of the State on gasoline, benzine, naphtha, and other motor fuels, as defined by law, shall be collected, dedicated and devoted to the retirement of principal of and the payment of interest on bonds issued under the provisions of Act No. 3 of the Extra Session of the Legislature of 1930 and Act No. 2 of the Regular Session of the Legislature of 1934, adopted as amendments to the Constitution of Louisiana and that said three cents (3%) per gallon tax, being the balance of the proceeds of said four cents (4%) per gallon tax, now levied under the Constitution and Statutes of the State shall continue to be collected, dedicated and applied to the retirement of the principal of and the payment of interest on said bonds so long as any of said bonds remain outstanding and unpaid; provided further, that the surplus proceeds, if any, over and above the amount required to pay the principal of said bonds and interest thereon, realized from the four cents (4%) per gallon tax now levied under the Constitution and Statutes of the State on gasoline, benzine, naphtha and other motor fuls, as defined by law, shall be declared as excess revenue and credited to the Louisiana Highway Commission in the account of the General Highway Fund. The excess revenue, if any, over and above the amount required for the retirement of principal and the payment of interest on bonds issued under the provisions of Act No. 219 of the Regular Session 1930 and Act No. 2 of the Regular Session of the Legislature of 1934, adopted as amendments to the Constitution of Louisiana, shall be determined by the State Treasurer and placed to the credit of the Louisiana Highway Commis- sion, as herein provided. The State Treasurer shall have and exercise the right to determine said excess revenue, if any, for such periods as he, in his discre- tion, may deem advisable, provided that he shall not determine any funds to be excess revenue, except such funds as may have been collected which shall be on hand and in excess of the amount required to meet all necessary sums for payment of principal of and interest on bonds payable out of the proceeds of said four cents (4%) per gallon tax for the next ensuing year following the date of any such determination. If science or invention should reduce the use and consumption of gasoline, benzine, naphtha or other motor fuels to such an extent that the tax on such commodities be not sufficient to retire the bonds issued hereunder, then the Legislature shall have the authority to levy a tax upon any commodity, sub- stance, appliance or paraphernalia, or said Legislature may impose a license upon the right to sell or make use of such commodity, substance, appliance or paraphernalia, which may be sold or used to generate or supply motor fuel or other power for transportation, to levy such tax or license, or both, as may be necessary to retire said bonds issued hereunder and interest thereon, this au- thority to in no wise affect the tax hereby levied on gasoline, benzine, naphthº or other motor fuels, as defined by law. If, by reason of any emergency or exigency, the funds herein specifically pledged for the retirement of principal and the payment of interest on bond authorized to be issued hereunder should prove insufficient then the Stat. 667 Vol. IV º: Legal Materials Treasurer shall and is hereby authorized to use such other revenues of the Louisiana Highway Commission as may be necessary to pay said bonds and interest thereon. Said bonds shall be signed by the Governor, the Auditor, and the Treas- urer of the State of Louisiana. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the Law Merchant and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the bonds authorized to be issued hereunder shall be necessary except such as are contemplated by this Amendment, which, upon its adoption, shall be self-operative and no further or other legislation shall be required to effect the same. Out of the proceeds of said bonds herein authorized to be issued and sold, the Louisiana Highway Commission shall have and is hereby granted authority to apply and devote: 1. The sum of One Million ($1,000,000.00) Dollars, or as much thereof as may be necessary, to the payment of the balance due on its obligations to the City of New Orleans, under the provisions of Act No. 3 of the Extraor- dinary Session of 1930, which amended Article VI, Section 22 of the Constitu- tion, and the balance due said City under the provisions of Act No. 147 of 1934, which said indebtedness is hereby validated and declared to be the legal and binding indebtedness of the State of Louisiana. 2. The sum of Three Million ($3,000,000.00) Dollars, or as much thereof as may be necessary, to the payment of Louisiana Highway Commission war- rants, due or past due on December 31, 1936, issued for the construction and maintenance of highways, highway bridges and other highway facilities, which said indebtedness is hereby validated and declared to be the legal and binding indebtedness of the State of Louisiana. 3. The sum of Five Hundred Thousand ($500,000) Dollars, or as much thereof as may be necessary, to the purchase of trucks, tractors, graders, ma- chinery and other miscellaneous road building equipment for use in the con- struction and maintenance of highways, highway bridges and other highway facilities. 4. The sum of Three Million ($3,000,000.00) Dollars, for the construction and improvement of graveled and/or crushed rock and/or shell surfaced farm to market roads and necessary bridges thereon situated, and no part of said sum shall be used for any other purpose whatsoever. 5. The sum of Five Million, Five Hundred Thousand ($5,500,000.00) Dol- lars, or as much thereof as may be necessary, for the construction of a toll or toll free bridge, and approaches thereto, across the Mississippi River at a point suitable to the interests of navigation at or near the City of Baton Rouge, for the accommodation of highway and railway traffic. Should said bridge be con- structed solely for the accommodation of highway traffic, or should said bridge be constructed for the accommodation of both highway and railway traffic, the Louisiana Highway Commission, to aid in financing the structure, shall have and is hereby granted authority to operate the highway portion of said bridge, when completed, on a toll basis, as hereinafter provided, provided the toll rates fixed for the use of the highway portion of said bridge shall be such as to pro- vide a fund sufficient to pay nothing more than the cost of maintenance and operation under economical management and to create a sinking fund sufficient to amortize the cost of the highway portion of said bridge, and approaches thereto, including reasonable interest charges; provided further, that said bridge shall not be operated as a toll bridge for highway traffic for a period exceeding twenty (20) years from the date of its completion, as officially recorded by the Louisiana Highway Commission. Should said bridge be constructed for the accommodation of both highway and railroad traffic the Louisiana Highway Commission also shall have and is hereby granted authority to lease the railroad portion of said bridge to any railroad or group of rail- roads offering to pay, for the use of the railroad portion of said structure, reasonable annual rentals and a fair proportion of the cost of repairs, mainte- 668 Vol. IV Acts of the Legislature º: nance, operation and supervision, and when the annual rentals, in the aggregate, have amortized the cost of the railroad portion of said bridge, including rea- sonable interest charges, the railroad portion of said bridge shall thereafter be operated toll free to all railroads except that all railroads using said bridge shall continue to pay their just proportion of the cost of repairs, maintenance, operation and supervision. The cost of the railroad portion of said bridge shall be determined, as accurately as possible, by the State Highway Engineer and said cost, so determined, may be accepted by the Louisiana Highway Commis- sion as a proper basis in negotiating and executing lease agreements with rail- roads for the use of the railroad portion of said structure, but said Commission shall also have and exercise the right to adopt any other basis that might, in its discretion, appear to be fair, equitable and proper. 6. The sum of Five Million, Five Hundred Thousand ($5,500,000.00) Dol- lars, or as much thereof as may be necessary, to the retirement of the principal amount of outstanding Series “H” and Series “I” Highway Bonds of the State of Louisiana as said bonds severally mature, or prior thereto, at par and ac- crued interest to date of retirement, provided that the holders of bonds issued hereunder for the purpose of refunding Highway Bonds Series “H” or Series “I”, shall be subrogated to the rights of the holders of said Highway Bonds, Series “H” or Series “I” refunded thereby, and bonds issued hereunder for the purpose of refunding said Highway Bonds, Series “H” or Series “I”, shall have the same lien on and be payable from the proceeds of said four cents (4%) per gallon tax in the same manner and order of priority as the bonds refunded thereby. All contracts awarded for the construction, improvement and extension of State highways and highway bridges and the allotment of funds thereto, out of the proceeds arising from the sale of bonds authorized to be issued here- under, shall be approved by the State Advisory Board and no such contract or allotment of funds shall become effective unless same be approved by said Board. Furthermore, no such work shall be performed and paid for from said funds unless same be performed under contract executed with the consent and ap- proval of the State Advisory Board. The requirements herein prescribed with respect to contract work shall not apply with respect to work performed or materials purchased from said funds for the maintenance of State highways and bridges thereon situated. Section 2. That said proposed amendment be so submitted to said electors at the next election for representatives in Congress to be held in Louisiana on the first Tuesday next following the first Monday in November, 1936. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the Good Roads Amendment to the present Section 22 of Article VI of the Constitution of the State of Louisiana. and also: AGAINST the Good Roads Amendment to the present Section 22 of Article VI of the Constitution of the State of Louisiana and each elector voting on said proposition for so amending said Constitution shall indicate his vote relative thereto, as provided by the general election laws of the State of Louisiana. ACT 68 OF 1936 A JOINT RESOLUTION Proposing an amendment to Section 4 of Article X of the Constitution of the State of Louisiana, relative to exemptions from taxation. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, That there shall be submitted 669 Vol. IV ſ: Legal Materials to the electors of the State of Louisiana, for their approval or rejection, in the manner provided for by law, a proposition to amend Section 4 of Article X of the Constitution of Louisiana, so that the said Section may be made to read as follows, to-wit: Section 4. The following property, and no other, shall be exempt from taxation: 1. All public property. 2. Places of religious worship, rectories and parsonages belonging to re- ligious denominations and used as places of residence for ministers; places of burial; places devoted to charitable undertakings, including that of such organi- zations as lodges and clubs organized for charitable and fraternal purposes and practicing the same; schools and colleges; athletic or physical culture clubs, associations, or organizations having and maintaining active memberships of not less than one thousand members, being non-profit sharing organizations, holding, in equipped gymnasiums, physical development classes open to all members daily, except Sundays and holidays, under supervision of regular physical directors, with juvenile and junior classes, promoting, in all ages above eight years, physical and health development; but the exemption shall extend only to property, and grounds thereunto appurtenant, used for the above men- tioned purposes, and not leased for profit or income. 3. Cash on hand or on deposit; loans or other obligations secured by mort- gage on property located exclusively in the State of Louisiana, and the notes or other evidence thereof; loans by life insurance companies to policy-holders, secured solely by their policies; loans by homestead associations to their mem- bers, secured solely by stock of said associations; debts due for merchandise or other articles of commerce or for services; obligations of the State or its po- litical subdivisions; household property to the value of one thousand dollars; the legal reserve of life insurance companies organized under the laws of this State; property belonging to any military organization of the State used by the State National Guard or militia for military purposes; agricultural products while owned by the producer; agricultural implements and farm improvements to the value of five hundred dollars; one wagon or cart; all cattle, livestock, animals and poultry; books, philosophical apparatus and paintings kept in a public hall; the real estate and appurtenant property constituting auditoriums, opera houses, temples of music, museums of art or carnival organizations, con- ducted as civic enterprises for the public welfare, while used solely for the pro- motion of art and not operated for profit to the owners; property belonging to agricultural fair associations and used exclusively in the conduct of such fairs; ships and ocean-going tugs, tow-boats and barges, engaged in overseas trade and commerce and domiciled in Louisiana ports; provided, this exemption shall not apply to harbor, wharf, shed, and other port dues; and no ship, tug- boat or barge operated in the coastal trade of the continental United States shall be within the exemption herein granted. 4. For ten years from the date of completion, the capital stock, franchise and property of all corporations constructing, owning and operating within the State a combined system of irrigation, navigation and hydro-electric power, us- ing fresh water of Louisiana streams and water sheds; provided, not less than three million dollars shall have been expended in the construction of either system prior to January 1, 1932. No real or corporeal property shall be cov- ered by this exemption, except that which is necessarily connected with, and appurtenant to, each canal system and forming part thereof, or forming a part of its necessary capital or reserves; nor shall this exemption extend to the as- sessed value that such real estate had at the time it may be acquired by the company; provided, the right of the State to regulate the diversion of its public waters from their natural beds shall not be hereby waived. 5. For ten years from date of compltion, all pipe lines, pumping plants and other property actually used in the transportation and distribution of natural gas, for fuel and light purposes, wholly within this State; provided, such line shall have been constructed after the adoption of this Constitution and shall have been completed prior to January 1, 1926; and, provided, this exemption shall not apply to any property within a municipality, nor to pipe line built to cities or towns already supplied with natural gas. 670 Vol. IV Acts of the Legislature º: 6. Up to December 31, 1940 all buildings, fixtures and machinery used for manufacturing or commercial purposes, located on lands situated on the Navi- gation Canal leased from the Board of Commissioners of the Port of New Or- leans; provided, no owner of such property shall be entitled to this exemption unless he shall have invested twenty-five thousand dollars, or more, in the physical property of such enterprise and keeps constantly employed at least twenty-five persons therein. 7. For five years from the date of completion, all bridges built across the Mississippi River, whether intrastate or interstate, and which shall be com- plete and open for traffic within four years from November 6th, 1928. 8. From state, parish and special taxes, all motor vehicles used on the pub- lic highways of this State, provided that this exemption shall not extend to any general or special tax levied by the governing authority of any municipality, or district created by any such municipality, unless the governing authority thereof shall provide for such exemption by ordinance or resolution. 9. From state, parish and special taxes, the homestead, bona fide, con- sisting of lands, not exceeding one hundred and sixty acres, buildings and ap- purtenances, whether rural or urban; owned and occupied by every head of a family, or person having a mother or father or a person or persons depend- ent on him or her for support, to the value of Two Thousand Dollars; pro- vided that this exemption shall not extend to any municipal or city taxes, save and except in Orleans Parish, and shall in Orleans Parish apply to the State, the general city, the school, the levee and levee board taxes, and the State Treasurer shall be authorized and is directed to reimburse the general or special funds of the State and any of its political subdivisions, police juries, boards, commissions or offices and the City of New Orleans, for any sums which may be lost to the State, its general or special funds and any of its political sub- divisions, police juries, boards, commissions, offices and the City of New Or- leans, occasioned by reason of the homestead tax exemption herein provided for, out of funds which shall be established and provided for by the Legislature in the Property Tax Relief Fund, said reimbursement to be made pro rata out of said Fund. Provided, that homesteads shall not be exempt from taxes, State, parish, local or special, or from taxes of the City of New Orleans, to an amount greater than the necessary funds available in the Property Tax Relief Fund to make the reimbursement herein provided, and all provisions of this Constitu- tion and the laws of this State in conflict with this paragraph are hereby re- pealed. The exemption of homesteads shall extend to the surviving spouse, or minor child or children, of a deceased owner and to the bona fide homestead when occupied as such and title thereto is in either husband or wife, provided that the exemption shall not be extended to more than one homestead owned by the husband or wife. 10. The Governor, or the State Board of Commerce and Industry (if that Board is created by law), with the approval of the Governor, may contract with the owners of any new industry to be established in the State, or an ad- dition or additions to any industry or industries already existing in the State, for the exemption from taxation of any such new industry or any addition to any such existing industry, upon such terms and conditions as the Governor, or said board with the approval of the Governor, may deem to the best in- terests of the State; provided, that no exemption from taxes shall be granted under this paragraph for a longer period than the ten (10) calendar years succeeding the date of any such contract. Any such exemption shall ipso facto cease upon violation of the terms and conditions of any contract hereby authorized. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1936. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the proposed amendment to Section 4 of Article X of the Constitu- tion, granting exemptions from taxation including exemption of cattle, live- stock and poultry. 671 Vol. IV º; Legal Materials and also: AGAINST the proposed amendment to Section 4 of Article X of the Con- stitution, granting exemptions from taxation including exemptions of cattle, livestock and poultry. and each elector voting on said proposition for so amending said Constitution, shall indicate his vote relative thereto, as provided by the general election laws of the State of Louisiana. ACT 7| OF 1936 A JOINT RESOLUTION Proposing an amendment to Section 22 of Article VI of the Constitution of Louisiana, relative to the General Highway Fund of the State of Louisiana, in order to add an additional paragraph thereto, to be known as para- graph (g). Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, that there shall be submitted to the elctors of the State of Louisiana for their approval or rejection, in the manner provided for by law, a proposition to amend the present Section 22 of Article VI of the Constitution of Louisiana, by adding thereto a new para- graph (g), and which shall read as follows, to-wit: (g) That in order to provide ready funds for the construction and comple- tion of a hard-surfaced highway and necessary bridges on the West side of Lake Pontchartrain between Mandeville and the City of New Orleans, and for the purchase and improvement of the Pontchartrain Bridge, and approaches thereto, a sum equal to fifty percent (50%) of the licenses imposed and col- lected on farm trucks, and Seven and 50/100 Dollars ($7.50) per truck on all other trucks, and a sum equal to twenty-five cents (25%) per horsepower on the rated horsepower of all automobiles, shall be deducted and set aside out of the funds collected under the Constitution and laws of the State from licenses imposed and collected on motor vehicles in the Parishes of Orleans, Jefferson, St. John the Baptist, St. Charles, Tangipahoa and St. Tammany, and dedicated and paid into State Highway Fund No. 2, and the Louisiana Highway Com- mission, by and with the consent of the State Advisory Board, shall have and is hereby granted authority and power to fund into bonds of the State of Louisiana the revenues herein dedicated to State Highway Fund No. 2, save and except an annual sum sufficient in amount to retire the principal and pay the interest on all outstanding and unpaid bonds issued under Act No. 18 of the Extra Session of 1918, and Act No. 179 of the Regular Session of 1924. Provided, that the bonds herein authorized to be issued and sold shall be general obligations of the State of Louisiana, shall mature serially, as herein provided, and the total amount of bonds which are hereby authorized to be issued and sold shall not exceed the sum of Five Million Dollars ($5,000,000); provided further, that said bonds shall be serial and shall have such maturities as may be determined and fixed by said Louisiana Highway Commission, and shall be issued in such sums and denominations as said Commission may deter- mine, for not less than One Thousand Dollars ($1,000.00) each, and may be registered or payable to bearer at the discretion of said Commission; provided further, that said bonds shall be issued at such time or times, in such form and with such series designations, and may contain such provisions as may be by said Commission deemed expedient for registration in the name of the holder or for the release thereof from registration, shall bear interest at a rate not exceeding five per centum (5%) per annum, shall be payable in principal at such time or times as the Commission may prescribe, beginning four (4) years after date of said bonds and running for a period not to exceed twenty-five (25) years from date of issuance, and the interest on said bonds shall be payable semiannually. The place or places of payment of the principal and interest shall be fixed by said Commission and said bonds shall be sold to the highest bidder at public sale for not less than par and accrued interest, after advertisement at least once 672 Vol. IV Acts of the Legislature º: a week for not less than thirty (30) days by said Commission in New Orleans, Chicago, New York, and such other places as said Commission may determine, reserving to said Commission the right to reject any and all bids, including the . to re-advertise for new bids, in accordance with the provisions herein COntained. The revenues herein dedicated to State Highway Fund No. 2, shall be used primarily for the retirement of the principal of, and the payment of interest on, all bonds authorized to be issued hereunder, except as hereinafter provided; provided, as long as any of the bonds authorized and issued under the provi- sions of Act No. 18 of the Extra Session of 1918, and Act No. 179 of the Regular Session of 1924, adopted as amendments to the Constitution of Louisiana re- main outstanding and unpaid, it is expressly required that the revenue herein dedicated to State Highway Fund No. 2, shall be used primarily for the pay- ment of principal and interest of said outstanding and unpaid bonds, and the balance or surplus over and above the amount necessary to pay said outstanding and unpaid bonds and interest thereon, shall be dedicated and set aside for the retirement of bonds and the payment of interest on bonds authorized to be issued hereunder, and the excess, if any, over and above the amount required to pay the bonds and the interest on bonds issued under Act No. 18 of the Extra Session of 1918 and Act No. 179 of the Regular Session of 1924, and bonds authorized to be issued hereunder, shall be declared excess revenue and shall be credited to the Louisiana Highway Commission, in the General High- way Fund account. The excess revenue, if any, over and above the amount required for the retirement of principal and the payment of interest on bonds issued under Act No. 18 of the Extra Session of 1918 and Act No. 179 of the Regular Session of 1924, and bonds authorized to be issued hereunder, shall be determined by the State Treasurer and shall be placed to the credit of the Louisiana Highway Commission, as herein provided. The State Treasurer shall have and exercise the right to determine said excess revenue, if any, for such periods as he, in his discretion may deem advisable, provided that he shall not determine any funds to be excess revenue, except such funds as may have been collected which shall be on hand and in excess of the amount required to meet all necessary sums for the payment of principal of, and interest on, all bonds payable out of the revenue herein dedicated to State Highway Fund No. 2 for the next ensuing year following the date of any such determination. The revenue herein dedicated to State Highway Fund No. 2 from licenses imposed and collected on motor vehicles in the Parishes of Orleans, Jefferson, St. John the Baptist, St. Charles, Tangipahoa and St. Tammany shall continue to be imposed and collected on motor vehicles in said parishes so long as any of the bonds authorized to be issued and sold hereunder shall remain out- standing and unpaid. If, by reason of any emergency or exigency, the funds herein specifically pledged to the retirement of principal of, and the payment of interest on, bonds authorized to be issued hereunder should prove insufficient, then the State Treasurer shall be and he is, hereby authorized to use such revenues of the Louisiana Highway Commission as may be necessary to pay said bonds and interest thereon. Said bonds shall be signed by the Governor, the Auditor, and the Treasurer of the State of Louisiana. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be, and they are, hereby declared to have the qualities of negotiable paper under the Law Merchant; they shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and they shall be incontestable in the hands of bona fide purchasers or holders thereof. Out of the proceeds of said bonds herein authorized to be issued and sold, the Louisiana Highway Commission, by and with the consent of the State Advisory Board, shall have and is hereby granted authority to devote the sum of Six Hundred Thousand Dollars ($600,000), or as much thereof as may be necessary, to the purchase of the Pontchartrain Bridge across Lake Pontchar- train, together with the approaches thereto, which bridge and approaches, if purchased, shall become a component part of the State Highway System, and shall be thereafter operated on a toll-free basis. 673 Vol. IV ſ: Legal Materials All contracts awarded for the construction and completion of the highway and the allotment of funds thereto out of the proceeds arising from the sale of bonds authorized to be issued hereunder, shall be approved by the State Advisory Board, and no such contract or allotment of funds shall become effective unless the same be so approved by said Board. Furthermore, no such work shall be performed and paid for from said funds unless the same be per- formed under contract executed with the consent and approval of the State Advisory Board. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1936. Section 3. That on the official ballot to be used at said election there shall be printed: FOR Lakeshore Highway Amendment to Section 22 of Article VI of the Louisiana Constitution. and also AGAINST Lakeshore Highway Amendment to Section 22 of Article VI of the Louisiana Constitution. and each elector voting on said proposition for so amending said Constitution, shall indicate his vote relative thereto, as provided by the general election laws of the State of Louisiana. ACT 93 OF 1936 (As Amended by Act 80 of 1938, As Amended by Acts 71 and 92 of 1940) [This act was incorporated in part into the Revised Statutes of 1950, 30:121–30:136. Acts 46, 59, 290, 291 and 388 of 1950, and Act 491 of 1952 amended these sections of the Revised Statutes.—Ed.] AN ACT Relative to leasing of lands, including lands belonging to levee boards, rights of way, road beds, lake and river beds and other bottoms, belonging to the State or the title to which is in the public for mineral development; creating the State Mineral Board and providing for its authority in respect to such leases, providing the terms and conditions of such leases, providing for the disposition of the funds realized from such leases, and making an appropria- tion to carry out the terms of this Act. Section 1. Be it enacted by the Legislature of Louisiana, That there is hereby created the State Mineral Board, to be composed of the Governor (who shall ex-officio be chairman) and four members to be appointed by the Governor. The board shall be a body corporate, with its domicile at the State Capitol, and shall possess, in addition to the powers herein granted, all the usual powers incident to corporations and may sue and be sued. Section 2. The appointed members shall receive no salaries, but shall each receive a per diem of $10.00 per day for each day or part thereof of actual sessions and the necessary expenses in going to, attending and returning from the same. Section 3. The Board shall meet at the call of the Governor and may meet at places other than its domicile. Section 4. The State Mineral Board is hereby vested with full authority to lease any lands heretofore granted by the State and now belonging to any of the various levee districts throughout the State, and any lands belonging to the State, or the title to which is in the public, including rights of way, road-beds, lake and river beds and other bottoms, lands adjudicated to the State at tax sale, and any other lands and water bottoms by whatever title acquired, for the development thereof for and the production therefrom of oil, gas, coal, salt, 674 Vol. IV Acts of the Legislature º: sulphur, lignite and other minerals, provided that the State Mineral Board shall have no authority to lease any lands belonging to any Levee Board unless and until requested to do so by the Board of Commissioners of such Levee District; and, provided further, that no lands shall be leased for mineral purposes by any Levee Board unless written application is made to said Levee Board therefor and the same is advertised and let in the manner provided by this act for the leasing of state lands for mineral purposes by the State Mineral Board, under the terms and conditions hereinafter set forth. Section 5. That when any person, firm, association, or corporation shall desire to lease any of such lands belonging to this state, he, they or it shall make application to the Board in writing of his, their or its desire to lease the same, giving the description or character of the land in said application, accompany the application with a certified check for fifty dollars ($50.00) to be deposited with the Board as evidence of the good faith of such application, which sum is to be returned to any applicant who should bid for and fail to secure the lease of such land as herein provided. Section 6. That upon receipt of application for the lease of land subject to the provisions of this Act, accompanied by the above deposit, the Board may cause an inspection of the land sought to be leased to be made, including such geophysical and geological surveys thereof as may be ordered by the Board, and, after receiving a report as to the nature and character and surroundings of such land, the Board, within its discretion and having in mind what it considers to be the most advantageous to the State, may decide to offer for lease all or any portion of the lands described in the above mentioned application, provided that in no instance shall these lands be greater in quantity than five thousand (5,000) acres. The Board may direct and require the Register of the State Land Office to publish in the official journal of the State, in the official journal of the Parish wherein such lands are located, and in one daily newspaper published in New Orleans, an advertisement for a period of not less than fifteen (15) days, setting forth therein a description of the land proposed to be leased by the State, the time when bids therefor will be received, such other information as the Board may deem necessary, and, in its discretion, the royalty to be demanded should it deem it to be to the interest of the State to call for bids on the basis of a royalty fixed by it; provided, that if such lands be situated in two or more parishes, such advertisement shall appear in the official journals of all the parishes where such lands may partly be; provided that each of the advertise- ments required herein need not appear oftener than once a week. The Board may also cause notices to be sent to those whom it thinks would be interested in submitting bids for such leases. Provided that the Board may on its own motion and without application therefor direct and require the Register of the State Land Office to advertise for bids for any lease as provided herein. Section 7. That at the date and hour mentioned in the said advertisement for the consideration of bids for any such lease or leases, which bids may be submitted as to all or any particularly described portion of the land advertised, the same shall be opened in public at the State Capitol when bids are received by the State Mineral Board and at the domicile or office of the Board of Commis- sioners of the Levee District when bids are received by the Levee Board, which is hereby vested with full authority to accept the bid or offer which it considers most advantageous to the State and to execute any lease or leases so granted, under such terms and conditions as to the Board may seem proper; provided that the minimum royalties to be stipuated in any such lease or leases to be paid for the account of the owner of such land shall be one-eighth of all the oil and gas produced and saved from said property; seventy-five cents for each long ton of sulphur produced and saved from said property; ten cents per ton for all potash produced and saved from said property; and one-eighth of all other minerals produced and saved from said property; provided that the Board receiving the said bids shall have the right to reject any and all bids, or to grant a lease upon lesser quantity of the property included in the preceding advertisement and to withdraw the balance of the property from leasing at that time; provided that no such lease of a lesser quantity of the advertised property shall be granted in consideration of any less proportionate bonus and delay rental, if any, than the area that such lesser quantity bears to the total area originally advertised or 675 Vol. IV º; Legal Materials embraced in the most favorable bid submitted. In the event all written bids are rejected, the Board may thereupon immediately and publicly offer for competitive bidding all or any designated portion of the advertised property for leasing upon such terms and conditions as appear most advantageous to the public interest; provided, such public offering shall be subject to the right of the Board to reject any and all bids, and no lease shall be granted in response to such competitive bidding for a lesser bonus, delay rental or royalty payment than was offered in the most favorable written bid submitted for the same property. No such lease shall be for a greater quantity of such lands than Five Thousand (5,000) acres. All such lands shall be accurately described in any lease. Where such leases provide rentals for delay in drilling, the annual rental shall be not less than one-half the amount of the cash bonus paid therefor. Provided, that from all leases to be granted by said Board, as well as from those heretofore granted by said Mineral Board, or Register of the State Land Office on State owned land, lake and river beds and other water bottoms belong- ing to the State or the title to which is in the public, for mineral development, ten per cent (10 per cent) of the minimum royalties hereinabove provided for, and received from such lease or leases shall be placed by the State Treasurer, as received, in a special fund to the credit of the Parish in which the production is had, said fund to be known and referred to as Road Fund, and that said money so accumulated in said Road Fund to the credit of said Parish in which the production is had, shall be subject to withdrawal by the Louisiana Highway Commission for the purpose and shall be used exclusively by the Louisiana Highway Commission for the building and constructioning of paved roads and bridges in said Parish. Section 8. No transfer or assignment in relation to any such lease shall be valid unless and until approved by the State Mineral Board. Section 9. That the Board shall have full supervision of all mineral leases granted by the State, now in effect or hereafter entered into, in order that it may determine that the terms of any such lease are fully complied with, and generally shall have authority to take any lawful action for the protection of the interests of the State. It shall have authority to institute any action to annul any such lease upon any legal ground whatsoever. The Board shall have further power and authority to enter into any agreement or amendment of any lease or leases now in effect between the State and lessees or any leases which may be entered into under the provisions of this Act. The Board may further enter into unitization or pooling agreements or take any other action with respect to such leases as it may deem advisable. When any such lease is amended or any pooling or unitization agreement is entered into with respect to any such lease it shall not be necessary that the advertisement and the notice otherwise required in this Act be complied with, unless the lease be amended in regard to the amount of the bonus, rentals or royalties paid or to be paid. However, mere pooling or utilizing shall not be considered such an amendment as requires the advertisement and other procedure required for the original leasing. Section 10. That the Register of the State Land Office shall keep the records (including all bids, proposals, assignments or transfers) pertaining to all such leases and shall furnish to the Board such data, information, reports, descriptions, records, certified copies, and the like as the Board may require of it in order to enable the Board to perform its duties under this Act. The Register of the State Land Office is hereby authorized to sign for and on behalf of the State or any agency thereof executing a lease under the terms of this Act, all division orders or other agreements or documents which are necessary or customary, with respect to the production and sale of oil by lessors and royalty owners in this State after same have been inspected and approved by the State Mineral Board or by anyone invested with said authority by said Board; and is further authorized to receive and receipt for any such sums as become due and under any such agreements. Section 11. The Board of State Engineers, the Parish Surveyors, the State Highway Engineers, Louisiana State University and A. and M. College and any 676 Vol. IV Acts of the Legislature º: board, department or institution of the State and the governing authorities of political subdivisions shall make such surveys, reports, and investigations, and furnish such records and information as may be required of it by the State Mineral Board for the purpose of determining boundaries, character, title, location and other matters relating to such lands. Section 12. The Attorney General shall be the attorney for the Board, but the Board shall have the authority to employ additional counsel in special matters. Section 13. Any excess over and above the minimum royalties set forth in Section 7 of this Act, is hereby dedicated as follows: (1) To Louisiana State University and Agricultural and Mechanical College and to the payment of old age assistance, other social security benefits, and the State Hospital Board, to be apportioned by the Governor, not exceeding $2,000,000.00 per annum. (2) Any sum of such royalty in excess of one-eighth, after payment of the $2,000,000.00 as provided in the preceding sub-section, shall be used in the servicing and retirement of the State debt. Section 14. The provisions of this Act shall extend to the public roads, canals, and other rights of way or easements, the title to which is in either the State or the parishes. Where road beds belonging to the parishes are leased by the Board, such leases shall provide for the payment to the parish in which the production is had of at least one-sixteenth royalty of the minerals produced, to be used by the police jury for public purposes. That the Governor, the Attorney General and the Executive Counsel (if that office is created), or any two of them, may settle and compromise with the parishes or other claimants, all matters relating to lands or rights referred to in this paragraph, upon such terms and conditions as to said officers, or any two of them, may seem to the best interest of the State. In connection with any such agreement of com- promise said officers, or any two of them, may stipulate and agree for the reconveyance of any such lands to the State and the payment of royalties and rentals as to any such lease and the division thereof as between the state and parishes or other claimants. Section 15. Repealed by Act 71 of 1940. Section 16. Repealed by Act 71 of 1940. Section 17. The Board shall appoint a secretary at a salary of $3,600.00 per annum, and the necessary stenographers and other clerical and field forces. Section 18. The necessary printing, stationery and office supplies shall be furnished the Board by the State Printing Board under the State printing contractS. Section 19. There is hereby appropriated, out of the general fund, the following: 1936-37 1937-38 Salary of Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600.00 $ 3,600.00 Stenographers, Clerical and Field Forces. . . . . . . . . . . . . 4,800.00 4,800.00 Incidental Expenses, per Diem of Members, etc.. . . . . . 15,000.00 15,000.00 Section 20. That all funds belonging to the State under the terms of valid existing mineral leases and under the terms of leases entered into under this Act shall be collected by and paid to the Register of the State Land Office and shall be deposited by that officer in the State Treasury to the General Fund, in accordance with law; provided, that the Register of the State Land Office shall retain from said funds the sum of $4,500.00 annually for office expenses, and, for the fiscal year 1938-39 only, the sum of $25,000.00 for making photostat copies of records of the Land Office; provided further that ten (10%) per cent of the minimum royalties derived from the proceeds from leases on State owned lands, shall be deposited in a special fund to the credit of the Parish in which the production is had, said fund to be known and referred to as Road Fund. All funds received by the State on account of any lease of land belonging to 677 Vol. IV *: Legal Materials any levee district shall be paid to the Register of the State Land Office and shall be deposited by that officer in the State Treasury and shall be credited to the Levee Board which is the owner of the land embraced in such lease, to be expended in accordance with law. All funds received by the Register of the State Land Office on account of the lease of any other property shall be deposited by that officer in the State Treasury to the credit of the agency entitled thereto and subject to withdrawal on the order of such agency. Section 21. That all laws or parts of law in conflict herewith be and the same are hereby repealed, and especially Acts Nos. 30 of 1915, 315 of 1926 and 9 of the Extra Session of 1928, approved December 18, 1928; provided that nothing herein contained shall have the effect of annulling or impairing in any way valid contracts heretofore executed in accordance with law. Section 5 of Act 71 of 1940—That all laws or parts of laws in conflict here- with and particularly Act 38 of 1932 and Act 258 of 1912, be and the same are hereby repealed. Section 5 of Act 92 of 1940—That if House Bill No. 571, providing a Fiscal Code for this State is adopted by this Session of the Legislature, nothing in this Act contained shall be construed to alter or amend the provisions of said House Bill No. 571, or to justify any practice not authorized by said House Bill No. 571. In case of any conflict between this Act and House Bill No. 571, said House Bill No. 571 shall govern. ACT 34 | OF 1936 (See New Orleans Studies, Volume Four, p. 457.) ACT 37 OF 1938 A JOINT RESOLUTION Proposing an amendment to paragraph 10 of Section 4 of Article X of the Constitution of Louisiana, relative to exemption of industries from taxa- tion. Section 1. Be it enacted by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, That there shall be submitted to the electors of the State of Louisiana, for their approval or rejection, in the manner provided for by law, a proposition to amend paragraph 10 of Section 4 of Article X of the constitution of Louisiana, so that the said paragraph may be made to read as follows, to-wit: 10. During the period of three years after this amendment takes effect, the State Board of Commerce and Industry, with the approval of the Governor, may contract with the owners of any new manufacturing establishment in the State, or of an addition or additions to any manufacturing establishment al. ready existing in the State, for the exemption from taxation of any such new manufacturing establishment or addition or additions, upon such terms and conditions as said Board, with the approval of the Governor, may deem to the best interests of the State. The term “manufacturing establishment,” as used in this paragraph means a plant or establishment which engages in the busi- ness of working raw mterials into wares suitable for use, or which gives new shapes, new qualities, or new combinations to matter which has already gone through some artificial process. No exemption from taxes shall be granted under this paragraph for a longer period than the ten (10) calendar years suc- ceeding the date of any such contract. Any such exemption shall ipso facto cease upon violation of the terms and conditions of the contract which granted the same. This provision shall not be held to impair any contract entered into under the provisions of Act No. 68 of 1936. 678 Vol. IV Acts of the Legislature º: Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1938. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the proposed amendment to paragraph 10 of Section 4 of Article X of the Constitution, granting exemptions from taxation to manufacturing es- tablishments. and also: AGAINST the proposed amendment to paragraph 10 of Section 4 of Article X of the Constitution, granting exemptions from taxation to manufacturing establishments. and each elector voting on said proposition for so amending said Constitution, shall indicate his vote relative thereto in the manner provided by the general election laws of the State of Louisiana. ACT 39 OF 1938 A JOINT RESOLUTION Proposing an amendment to Section 22 of Article VI of the Constitution of the State of Louisiana, relative to the General Highway Fund of the State of Louisiana, by the addition to said section of an additional paragraph, to be known as paragraph (h), so as to provide special funds for the con- struction of farm to market roads and the maintenance of State highways and of bridges thereon situated. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, That there shall be submitted to the electors of the State of Louisiana, for their approval or rejection, in the manner provided for by law, a proposition to amend the present Section 22 of Article VI of the Constitution of Louisiana, by the addition to said sec- tion of an additional paragraph, to be known as paragraph (h), and which shall read as follows: (h) That in order to provide ready funds for the construction of farm to market roads and the maintenance of State highways and bridges thereon situ- ated, the Louisiana Highway Commission, by and with the consent of the State Advisory Board, shall have, and is hereby granted, authority and power to fund into bonds of the State of Louisiana such portion of the tax on gasoline, ben- zine, naphtha, or other motor fuels, as defined by law, as now provided for by the Constitution and Statutes of the State, provided, that said bonds herein authorized to be issued and sold, shall be general obligations of the State of Louisiana, that said bonds shall mature serially as herein stipulated, and that the total amount of bonds which are hereby authorized to be so issued and sold shall not exceed the sum of Five Million Dollars ($5,000,000.00); provided further, that said bonds shall be serial bonds and shall have such maturities as may be determined and fixed by said Louisiana Highway Commission, and shall be issued in such sums and denominations as said Commission may deter- mine, but for not less than One Thousand Dollars ($1,000.00) each, and may be registered or payable to bearer, in the discretion of said Commission; pro- vided further, that said bonds shall be issued at such time or times, in such form and with such series designations, and may contain such provisions as may be by said Commission deemed expedient for registration in the name of the holder or for the release thereof from registration, shall bear interest at a rate not exceeding five per centum (5%) per annum, shall be payable in principal at such time or times as the Commission may prescribe, beginning three (3) years after date of said bonds and running for a period not to exceed eight (8) years from date of issuance, and the interest on said bonds shall be payable semi-annually. The place or places of payment of the principal and 679 Vol. IV ſ: Legal Materials interest shall be fixed by said Commission and said bonds shall be sold to the highest bidder at public sale for not less than par and accrued interest, after advertisement at least once a week for not less than thirty (30) days by said Commission in New Orleans, Chicago, New York, and such other places as said Commission may determine, reserving to said Commission the right to reject any and all bids, including the right to re-advertise for new bids, in accord- ance with the provisions herein contained. The tax now levied under the Constitution and Statutes of the State, on gasoline, benzine, naphtha and other motor fuels, in the amount of four cents (4%) per gallon shall continue so long as any of the bonds issued hereunder are outstanding and said tax shall primarily be dedicated to the retirement of said bonds and the payment of interest thereon, subject always to the prior charge on said tax of the bonds issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, Act 3 of the Extra Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934 and the bonds issued or authorized under the provisions of Act 66 of the Regular Session of the Legislature of 1936. All of the proceeds of said four cents (4%) per gallon tax, now levied under the Constitution and Statutes of the State, on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be paid into the State Treasury, as collected, in accordance with existing laws, or such laws as may hereafter be enacted with respect thereto, and shall be devoted primarily to the retire- ment of the principal of, and the payment of interest on, all bonds authorized to be issued hereunder, except as hereinafter provided; provided, as long as any of the bonds authorized and issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, proposing an amendment to this Section 22 of Article VI of this Constitution which was subsequently adopted, remain outstanding and unpaid, it is hereby expressly required that one cent (1c) per gallon of the tax levied on gasoline, benzine, naphtha, and other motor fuels, as defined by law, shall be collected, dedicated and set aside primarily for the payment of the principal and interest of said outstanding and unpaid bonds, and all surplus, if any, over and above the amount necessary to pay said outstanding and unpaid bonds and interest thereon, shall be dedicated and set aside for the retirement of bonds and the payment of interest on bonds issued under the provision of Act 3 of the Extra Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934 and the bonds issued or authorized under the provisions of Act 66 of the Regular Session of the Legislature of 1936, subsequently adopted as amendments to this Constitu- tion; provided, further, that in addition to said excess, if any, realized from the collection of one cent (1c) per gallon of the tax levied on gasoline, ben- zine, naphtha and other motor fuels, as defined by law, and dedicated primarily to the payment of principal and interest on outstanding and unpaid bonds issued under the provision of Act 219 of the Regular Session of the Legislature of 1928, subsequently adopted as an amendment to this Constitution, it is ex- pressly required that the proceeds realized from the balance of the four cents (4c) tax, being a tax of three cents (3.c) per gallon, now levied under the Constitution and Statutes of the State on gasoline, benzine, naphtha, and other motor fuels, as defined by law, shall be collected, dedicated and devoted to the retirement of the principal of, and the payment of interest on, bonds issued under the provisions of Act 3 of the Extra Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934 and the bonds issued or authorized under the provisions of Act 66 of the Regular Session of the Legislature of 1936, subsequently adopted as amendments to this Constitution and that said three cents (3c) per gallon tax, being the balance of the proceeds of said four cents (4c) per gallon tax, now levied under the Constitution and Statutes of the State shall continue to be collected, dedicated and applied to the retirement of the principal of, and the payment of interest on, said bonds so long as any of said bonds remain outstanding and unpaid; provided further, that the surplus proceeds if any, over and above the amount required to pay the principal of said bonds and interest thereon, realized from the four cents (4c) per gallon tax now levied under the Constitution and Statutes of the State on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be declared as excess revenue and shall be credited to the Louisiana Highway Commission, in the account of the General Highway Fund. The excess revenue, 680 Vol. IV Acts of the Legislature º if any, over and above the amount required for the retirement of principal of, and the payment of interest on, bonds issued under the provision of Act 219 of the Regular Session of the Legislature of 1928, Act 3 of the Extra Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934 and the bonds issued or authorized under the provisions of Act 66 of the Regular Session of 1936, subsequently adopted as amendments to this Constitu- tion, shall be determined by the State Treasurer and shall be placed to the credit of the Louisiana Highway Commission, as herein provided. The State Treasurer shall have and exercise the right to determine said excess revenue, if any, for such periods as he, in his discretion, may deem advisable, provided that he shall not determine any funds to be excess revenue, except such funds as may have been collected which shall be on hand and in excess of the amount required to meet all necessary sums for payment of principal of, and interest on, bonds payable out of the proceeds of said four cents (4c) per gallon tax for the next ensuing year following the date of any such determination. If science or invention should reduce the use and consumption of gasoline, benzine, naphtha or other motor fuels to such an extent that the tax on such commodities be not sufficient to retire the bonds issued hereunder, then the Legislature shall have the authority to levy a tax upon any commodity, sub- stance, appliance or paraphernalia, or said Legislature may impose a license upon the right to sell or make use of such commodity, substance, appliance or paraphernalia, which may be sold or used to generate or supply motor fuel or other power for transportation, to levy such tax or license, or both, as may be necessary to retire said bonds issued hereunder and interest thereon, this authority to in no wise affect the tax hereby levied on gasoline, benzine, naphtha or other motor fuels, as defined by law. If, by reason of any emegency or exigency, the funds herein specifically pledged for the retirement of the principal of, and the payment of interest on, bonds authorized to be issued hereunder should prove insufficient, then the State Treasurer shall be, and he is, hereby authorized to use such other revenues of the Louisiana Highway Commission as may be necessary to pay said bonds and interest thereon. Said bonds shall be signed by the Governor, the Auditor, and the Treas- urer of the State of Louisiana. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the bonds authorized to be issued hereunder shall be necessary except such as are contemplated by this Amendment, which, upon its adoption, shall be self-operative and no further or other legislation shall be required to effect the same. Out of the proceeds of said bonds herein authorized to be issued and sold, the Louisiana Highway Commission is hereby authorized and directed to devote: 1. One [sic] (%) of the proceeds of said bonds, to the construction of gravel and/or crushed rock and/or shell surfaced farm to market roads and necessary bridges thereon situated, and no part of said sum shall be used for any other purpose whatsoever. 2. The remaining one-half (%) of the proceeds of said bonds for the maintenance of State highways and necessary bridges thereon situated, and no part of said sum shall be used for any other purpose whatsoever. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress to be held in Louisiana on the first Tuesday next following the first Monday of November, 1938. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the addition of paragraph (h) to Section 22 of Article VI of the Con- stitution of Louisiana, providing special funds for the construction of farm to market roads and the maintenance of State highways and bridges thereon situated. 681 Vol. IV ſ: Legal Materials and also: AGAINST the addition of paragraph (h) to Section 22 of Article VI of the Constitution of Louisiana, providing special funds for the construction of farm to market roads and the maintenance of State highways and bridges thereon situated. and each elector voting on said proposition for so amending said Constitution shall indicate his vote relative thereto in the manner provided by the general election laws of the State of Louisiana. ACT 77 OF 1938 [This act was incorporated into the Revised Statutes of 1950, 39:401- 39:405-Ed.] AN ACT Relative to the deposit of public funds belonging to the State or any Department, Board, Commission, or Institution thereof; providing for the selection of fiscal agent banks and for the security to be required by the State Treasurer and other elected State Officials, or any Department, Board, Commission, or Institution of the State, for deposits of public funds made by them in the fiscal agent banks of the State. Section 1. Be it enacted by the Legislature of Louisiana, That fiscal agent banks for the deposit of funds belonging to the State or to any Department, Board, Commission, or Institution, thereof shall be seleceted and designated in the manner provided by resolution of the Board of Liquidation of the State Debt and under the terms and conditions deemed appropriate or advisable by said Board. Section 2. (a) The State Treasurer and other elected State Officials, or any Department, Board, Commission, or Institution of the State shall require as security for deposits of State funds, either, (1) Bonds of the United States of America or of any colonial posses- sion, thereof; or bonds of the State of Louisiana, both direct and indirect obligations, or bonds of any parish, municipality, levee board, road district, school board, or school district of the State of Louisiana; or (2) Promissory notes, warrants, or certificates of indebtedness, either, of the authority letting such deposits or of any other authority referred to in Section 2, which said notes, warrants or certificates of indebtedness must be either unmatured or payable on demand. (b) Bonds or other securities in default, either, in principal or in interest, shall not be accepted or held by any of the depositing authorities named in this Act. (c) The par value of the security held by any depositing authority shall be equal to one hundred per cent (100 per cent) of the amount on deposit to the credit of said Depositing Authority. (d) No funds in excess of the capital stock and declared surplus of any bank shall be deposited in any depository by any depositing authority named in this Act; provided, that any depositing authority under this Act shall have authority to grant any designated depository a period not exceeding ten (10) days from date of any deposit in which to post the security required under paragraph (c) of this Act. (e) All banks selected as fiscal agents or depositories for the deposit of funds belonging to the State, or any Department, Board, Commission or Insti- tution thereof, shall cash without charge and receive on deposit at par all checks and drafts drawn by or in favor of the State or any Department, Board, Commission, or Institution, upon whatsoever point, said checks and drafts may be drawn, all as part of the consideration for receiving deposits of state funds. Section 3. Any security pledged for any deposit of state funds, whether in the hands of the Depositing Authority or held in trust by any bank or trust 682 Vol. IV Acts of the Legislature º: company for account of any Depositing Authority under this Act, shall be deemed to be under the control and in the possession of the Depositing Author- ity, and shall be delivered into the custody of the State Treasurer for the account of such Depositing Authority if, as and when demanded, provided, that no Depositing Authority under this Act shall have the authority to make such demand without having first obtained the approval and consent of the Board of Liquidation of the State Debt. Section 4. That the State Treasurer, and other elected State Officials or any other depositing authority named herein, having complied with the provi- sions of this Act, shall not be responsible for any funds deposited in depositories selected by the Board of Liquidation of the State Debt; but all depositing authorities under this Act shall be responsible for the safekeeping and returning of the collateral deposited with them by fiscal agent banks as security for the deposits by them made with such depositories. Section 5. “Depositing Authority” as used in this Act means the State Treasurer, and other elected State Officials or any Department, Board, Commis- sion, or Institution of the State; and “Depository” or “Fiscal Agent Bank” means any bank selected and designated by the Board of Liquidation of the State Debt for deposit of State funds by the State Treasurer and other elected State Officials or any Department, Board, Commission, or Institution of the State. Section 6. That all laws or parts of laws in conflict herewith, and especially Act 39 of 1934, be, and the same are, hereby repealed. ACT 137 OF 1938 AN ACT To amend and re-enact Sections 2 and 3 of Act 114 of 1898, entitled: “An Act relative to life insurance and providing for reports to be furnished the Secretary of State, prohibiting payments by dividends or otherwise, unless assets exceed liabilities, penalties for violations thereof, providing for super- vision by the Secretary of State, and to prevent discrimination against indi- viduals insured. Also, providing for a license to transact business; for assess- ment or co-operative insurance; for authorization from Secretary of State; for filing copy of charter and statement of assets and liabilities, the words “issued on the assessment plan” to be written diagonally across the face of the policy; for supervision by the Secretary of State; also providing for authority to act as agent; penalty for violation of this section, and pro- viding for an annual report and penalties for violations of the act; and to regulate generally the conduct of life insurance in this State, and repealing all laws in conflict herewith”; and to repeal all laws or parts of laws in conflict herewith. Section 1. Be it enacted by the Legislature of Louisiana, That Sections 2 and 3 of Act 114 of 1898 be amended and re-enacted so as to read as follows: Section 2. Upon receipt of such report, the Secretary of State shall make a valuation of the policies and annuities of each company, and shall ascertain the reinsurance reserves and surplus of every such company. All such valuations shall be in accordance with the terms of the respective contracts on the net premium basis. The legal minimum standard for such valuation of policies, including in- dustrial life insurance policies, shall be the American Experience Table of Mortality with interest at four (4) per cent per annum, except that group insurance policies under which premium rates are not guaranteed for a period in excess of five years shall be valued on the American Men Ultimate Table of Mortality with interest at three and one-half (3%) per cent per annum. Such valuation shall be made according to a method producing reserves not less than those produced by the one year full preliminary term method and, with respect to policies (other than industrial policies) issued to residents of 683 Vol. IV ſ: Legal Materials the continental United States on and after the first day of January nineteen hundred and thirty-nine, not less than those produced by the modified pre- liminary term method under what is known as the Illinois standard. The legal minimum standard for the valuation of annuities issued on and after the first day of January nineteen hundred and thirty-nine shall be the American Annuitants Table with interest at four (4) per cent per annum, except that annuities deferred ten or more years and written in connection with life insurance shall be valued on the same basis as that used in computing the consideration or premiums therefor, or upon any higher standard at the option of the company. Annuities issued prior to the first day of January nineteen hundred and thirty-nine shall continue to be valued on a basis not lower than that used for the annual statement for the year nineteen hundred and thirty-seven. Section 3. Payments in the form of dividends or otherwise, shall not be made to its stockholders by any life insurance company organized under the laws of this State, unless its assets exceed, to the amount of such payment, the amount of its paid-up capital stock and all its liabilities, including its reinsur- ance reserves, computed upon a basis hereinabove provided in Section 2, and no payments shall be made to the policy holders of any such company, except for matured claims, and in the purchase of surrendered policies, unless its assets exceed to the amount of such payments, its liabilities, including its reinsurance reserves, computed as provided in Section 2. Section 2. That all laws or parts of laws inconsistent or in conflict with this Act be, and the same are, hereby repealed. ACT 385 OF 1938 A JOINT RESOLUTION Proposing an amendment to the Constitution of Louisiana authorizing the City of New Orleans, acting through the Public Belt Railroad Commission, to acquire, construct, maintain and operate one or more railroad passenger stations. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of all members elected to each House concurring, That there shall be submitted to the electors of the State of Louisiana, for their approval or rejection in the manner provided for by law, a proposition to amend the Constitution of the State of Louisiana, by adding a new Section to Article XIV, to be known as Section 31.3 and reading as follows, to-wit: Section 31.3. The City of New Orleans, acting through the Public Belt Railroad Commission, shall have the power, in any manner it may determine, to acquire, construct, maintain and operate one or more railroad passenger sta- tions, with all approaches thereto and appurtenances thereof, and shall also have the power to acquire, by purchase, lease, contract, expropriation or otherwise, all such lands, tracks and other property, real or personal, or rights of use or posses- sion thereof, as it may deem necessary or desirable for the construction, mainte- nance and operation of said railroad passenger station or stations; provided, how- ever, that in the maintenance and operation of said passenger station or stations and the other property referred to in this Section, no funds of the City of New Orleans or of said Commission, except funds derived from the revenues produced by said operation, shall be expended. The powers herein granted may be exer- cised anywhere in the Parish of Orleans or in any parish adjacent thereto. In connection with any project for building any such passenger station or stations, the City of New Orleans, through said Commission, shall have the power to do everything it deems necessary or desirable for the purpose of minimizing inter- ference, caused by railroad traffic of any sort, with the use of streets, thorough- fares and roads, and with the proper development of the City of New Orleans, and for that purpose may include in the property acquired or constructed hereunder, or the right of use or possession of which is acquired hereunder, any and all depots, freight terminals, classification yards, tracks and other railroad facilities; provided, however, that for the exclusive purpose of minimizing interference 684 Vol. IV Acts of the Legislature º; caused by railroad traffic of any sort with the use of streets, thoroughfares and roads, or with the proper development of the City of New Orleans, the power of expropriation shall not be exercised to acquire any existing freight depot, freight terminal, freight classification yard, track or other railroad facility. The Commission Council of the City of New Orleans, on such terms and conditions as it may prescribe, may dedicate to the use of any project hereunder any streets, thoroughfares, roads or other property belonging to or under the control of the City of New Orleans; and the Police Jury of any adjacent parish, on such terms and conditions as it may prescribe, may dedicate to the use of such project any streets, thoroughfares, roads, or other property belonging to said parish or under the control of said Police Jury. The operation of any passenger station or stations herein authorized may include operating, or granting leases or concessions for the operation of, any restaurant, store or other enterprise of any sort associated with a railroad passenger station. The City of New Orleans, through the Public Belt Railroad Commission, shall have the power at any time to rebuild, to reconstruct, to improve and to enlarge any constructed property therefore acquired, pursuant hereto. The City of New Orleans, through the Public Belt Railroad Commission, shall have the power to make a loan or loans to any railroad company or rail- road companies to be used by said railroad company or railroad companies for defraying the expenses of any improvements in the Parish of Orleans, or in any parish adjacent thereto, to any tracks, depots, freight terminals, classification yards or other facilities of such railroad company or railroad companies; pro- vided, however, that no funds of the City of New Orleans or of said Commission shall be so loaned except funds obtained from the source enumerated in Sub- section (B) hereof. The obligation of any railroad company or railroad com- panies to repay any such loan may be pledged under any mortgage referred to in said Subsection (B) hereof, and the interest paid on any such loan shall be deemed part of the revenues referred to in this Section 31.3. (A). The City of New Orleans, through the Public Belt Railroad Com- mission, shall have the authority to enter into a contract or contracts, containing such terms, conditions, stipulations and provisions, and for such duration, as may be approved by the vote of a majority of all the members of said Com- mission, with any railroad company or railroad companies entering or hereafter entering New Orleans, for the use by such railroad company or railroad com- panies of said passenger station or stations, and the approaches thereto and appurtenances thereof, and/or of any tracks or other property, constructed pur- suant to Section 31.3 hereof, or the ownership or right of use or possession of, which is acquired or dedicated pursuant to Section 31.3 hereof, for or in connec- tion with the transporting, conveying or other handling, under the motive power of such railroad company or railroad companies, of the locomotives, cars, trains and other equipment of such railroad company or railroad companies, and passengers therein and freight and other contents thereof. Said passenger station or stations and all property and rights of use or possession of property acquired, constructed or dedicated pursuant to Section 31.3 hereof, shall be under the control and management of the Public Belt Railroad Commission, but any contract entered into purusant to this Subsection (A) or resolution adopted by said Commission by vote of a majority of all the members thereof, may vest in a Committee or other body composed of representatives of any and all interested parties, including but not limited to representatives of any railroad company or railroad companies, constituted as provided in such contract or resolution, such powers as may be specified in such contract or resolution for supervising or controlling the acquisition, construction, maintenance and opera- tion of said passenger station or stations, the approaches thereto and appur- tenances thereof, and any tracks or other property referred to in Section 31.3 hereof. Any such contract may be made superior to the lien of any mortgage executed to secure any bond issued hereunder. Any right of use granted pur- suant to this Subsection (A) to any railroad company or railroad companies by the City of New Orleans, through the Public Belt Railroad Commission, shall be exempt from every form of taxation. Without restricting any power or discretion herein conferred upon the City of New Orleans, acting either through its Commission Council or the Public Belt Railroad Commission, it is hereby declared to be the policy of this amend- 685 Vol. IV ſ: Legal Materials ment that the railroad passenger station or stations or other railroad facilities acquired or constructed by the City of New Orleans pursuant hereto, shall not be operated at a profit to the City of New Orleans or the Public Belt Railroad Commission, it being understood that the City of New Orleans and the Public Belt Railroad Commission shall not be deprived of any element of cost paid by them or either of them with proper interest on all amounts expended or advanced, and it being understood, further, that after all costs with interest have been reimbursed (but in no event sooner than 1988), the City of New Orleans shall receive, in addition to all costs of maintenance and operation, a net rental in an amount equal to what the taxes would be on the stations or facilities furnished by it, based on their then fair value if the same were not tax exempt. (B) For the purpose of acquiring or constructing said railroad passenger station or stations, with all approaches thereto and appurtenances thereof, and any land, tracks and other property, real or personal, or rights of use or posses- sion thereof, referred to in Section 31.3 hereof, and of improving and enlarging any property theretofore acquired or constructed pursuant hereto, and of com- plying with any obligation contained in any contract which may be executed pursuant to Subsection (A) hereof, the City of New Orleans, through its Com- mission Council, is hereby granted power to issue by resolution, upon the rec- ommendation of the Public Belt Railroad Commission, its bonds not to exceed Fifteen Million Dollars ($15,000,000) in aggregate principal amount, in such forms, numbers and amounts, at such times and prices, and upon such terms and conditions as to maturities, rates and payment of interest, and final redemption (which shall not be later than fifty years after their date), and otherwise, as the City of New Orleans may deem advisable, subject to the follow- ing limitations and provisions: (a) All such bonds shall be secured solely and only by mortgage of such railroad passenger station or stations, the approaches thereto and appurtenances thereof, and any lands, tracks and other property, real or personal, or rights of use or possession thereof, acquired, constructed or dedicated pursuant to Section 31.3 hereof, and by pledge of the net revenues derived from the operation of such property and by pledge and assignment of any contract or contracts executed pursuant to Subsection (A) hereof, and shall be paid therefrom and not by any tax or assessment or levy upon any taxable property in the City of New Orleans, nor out of any other funds, revenues or things of value of said City; provided that during the period of acquisition and construction of said passenger station or stations and other property, and during the period, if any, after acquisition and construction while the net revenues from the ope- ration shall not be sufficient to provide for the interest or sinking fund or matur- ing installments of principal of any and all outstanding bonds hereinabove authorized to be issued, the same may be paid out of the proceeds from the sale of any bonds authorized by this Subsection (B) ; and provided, further, that if more than one such passenger station is constructed or acquired, there may be separate mortgages, securing separate issues of bonds, each covering only part of the property referred to in this Subsection (B). In the event of any foreclosure of any such mortgage, the purchaser at foreclosure sale, and his successors and assigns, shall have a franchise for the use and operation of said passenger station or stations and all other property mortgaged thereby, subject to any contract or contracts which may be made superior to the lien of the mortgage foreclosed upon, until the latest date of maturity specified in any bond secured thereby at any time theretofore outstanding, at the end of which period title thereto shall revert to the City of New Orleans. Said Mortgage or mortgages shall contain such stipulations, terms, provisions and conditions, not inconsistent herewith, as the City of New Orleans, upon the recommendation of the Public Belt Railroad Commission, may determine. (b) Said passenger station or stations, the approaches thereto and appur- tenances thereof, and all other property and right of use or possession of property acquired, constructed or dedicated pursuant to Section 31.3 hereof, which shall be owned by the City of New Orleans, shall be exempt from every form of taxation, and shall in no manner be hypothecated, leased or alienated by the City of New Orleans, except as herein set forth; provided, however, that any real or personal property acquired pursuant to Section 31.3 hereof not needed for the construction or operation of any facility referred to in Section 31.3 hereof may, by the Commission Council of the City of New Orleans, be 686 Vol. IV Acts of the Legislature º: leased or sold or dedicated to public purposes of the City of New Orleans. The proceeds of any such lease or sale shall be applied to the payment of the obligations issued hereunder. (c) The bonds issued hereunder and the income therefrom shall be exempt from all taxation for state, parish, municipal or other local purposes. (d) All bonds issued hereunder shall have, and are hereby declared to have, the qualities of negotiable instruments under the law merchant. (e) The provisions hereof shall constitute a contract between the holders of any bonds issued hereunder and the State of Louisiana and City of New Orleans. (C). In connection with any project authorized hereby, the City of New Orleans may accept and utilize any grant, loan or financial or other assistance of any board, body or other agency of the United States, or of any other board, body or other agency. (D). Any project hereunder may include such provisions as may be agreed to by the City of New Orleans, through the Public Belt Railroad Commission, or determined by the City of New Orleans, through its Commission Council, for eliminating grade crossings of any tracks used or to be used for reaching the aforesaid passenger station or stations or any other railroad tracks. All or any part of the cost of eliminating grade crossings of any tracks, to the extent agreed to by the City of New Orleans, through the Public Belt Railroad Com- mission, or determined by the City of New Orleans, through its Commission Council, may be defrayed by the issue of bonds pursuant to Subsection (B) hereof; but the City of New Orleans is hereby empowered to contribute any funds towards such cost to such extent as its Commission Council may deter- mine; provided no railroad company shall be required to pay rent or interest on any facility constructed or acquired for the sole use of any other railroad com- pany. The elimination of grade crossings of railroad tracks is hereby declared to be a permanent public improvement within the meaning of Act 341 of 1936, and, in order for the City of New Orleans to obtain funds for any contribution by it referred to in Subsection (D), bonds may be issued under said Act, or under Section 4 of Act 4 of 1916, subject to compliance with the requirements of said respective Acts, but no bonds of the City of New Orleans shall be issued under either of said Acts, or otherwise except as provided in Subsection (B) hereof, to defray any other cost of any project herein authorized. (E). The Public Belt Railroad System shall have no right except through contract, to use in its switching operations any track, depot, terminal, yard or other facility acquired or constructed, or the right to use which is acquired, pursuant to Section 31.3 hereof; provided, however, the Public Belt Railroad Commission shall not be deprived of any of its existing powers of authority by this provision. If the Public Belt Railroad System by contract uses in its switching operations any track or other facility hereinabove in this Subsection (E) referred to, the fair value of such use, as agreed to by the Public Belt Railroad Commission, shall be deemed part of the revenues referred to in Section 31.3 hereof, and may be made applicable to the payment of any bond issued hereunder, and pledged under any mortgage hereinabove referred to. (F). Except as and to the extent and with the limitations provided in Sec- tion 28 of this Article XIV, no right or privilege shall be granted to any railroad company to control, use or operate the Public Belt Railroad System, or any part thereof, as now existing, or as extended by the use of its own funds or the gººd of any bonds hereafter issued pursuant to Section 27 of said Article (G). The City of New Orleans, through its Commission Council, is hereby vested with full power and authority to compel, if deemed by it necessary or desirable to promote the public safety or welfare, any railroad company or railroad companies entering or hereafter entering the City of New Orleans to use any passenger station or stations and/or any other property referred to in Section 31.3 hereof, on such reasonable terms and conditions as said Com- mission Council may prescribe, and in that connection, to compel any such railroad company or railroad companies to re-locate and re-arrange its or their tracks, yards and other facilities to such extent as may be necessary; it being the intent hereof to vest in the City of New Orleans, through its Commission Council, all power and authority in this regard which might be exercised by 687 Vol. IV § Legal Materials or under the authority of the State of Louisiana; provided, however, that the power and authority granted in this Subsection (G) shall be subject to such approval of the Interstate Commerce Commission or other Federal authority as may be necessary. (H). Nothing herein contained shall be deemed to repeal, limit, modify or affect any police power or other power of the City of New Orleans, through its Commission Council, or the Public Belt Railroad Commission, or otherwise. (I). Any prohibition herein contained may at any time hereafter, by further amendment of this Constitution, be removed, modified or relaxed, except to the extent that such action shall impair any obligation under any bond there- tofore issued pursuant hereto or under any contract theretofore entered into pursuant hereto. (J). This amendment shall be self-operative. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1938. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the proposed amendment to the Louisiana Constitution authorizing a union station or stations at New Orleans. and also: AGAINST the proposed amendment to the Louisiana Constitution author- izing a union station or stations at New Orleans. and each elector voting on said proposition for so amending said Constitution, shall indicate his vote relative thereto in the manner provided by the general election laws of the State of Louisiana. ACT IT | OF 1940 (CITY CIVIL SERVICE LAW) [This act, as amended, was incorporated into the Revised Statutes of 1950, 33:2391 et seq. See Act 18 of 1952, Constitutional Civil Service Amendment.— Ed.] AN ACT To create and establish a Classified Civil Service, based upon the merit system of personnel administration, to administer, control and regulate employ- ment in the service of all cities in the State of Louisiana having a popula- tion exceeding One hundred Thousand (100,000) according to the last pre- ceding census of the United States, for which the official figures have been published; to create and establish a Department of Civil Service, a Director of Personnel in said Department, and a Civil Service Commission for each such city in the State of Louisiana having a population exceeding One Hundred Thousand (100,000); to prescribe the method of selection, ap- pointment and removal of said Directors and members of said Commission; to define and prescribe the duties, powers and authority of said Commis- sions, said Directors and other agencies of said City Departments; to define the Classified Service and the Unclassified Service; to regulate and control employees in the Classified and Unclassified Services and the method of employing certain personnel by such cities having a population in excess of One Hundred Thousand (100,000); to provide, and to authorize the estab- lishment of, rules for personnel administration in the service of such cities; to require the classifying of, and to provide pay plans for, positions in the service of such cities; to require the verification of payrolls; to prescribe the method of recruiting for filling positions in the classified service; to de- termine the status of existing employees; to provide for reduction or in- 688 Vol. IV Acts of the Legislature *::: crease in personnel, and for regulations for the transfer, promotion, demo- tion, lay-off, dismissal, suspension, reduction in pay, or retirement of em- ployees in the Classified Service; to provide for certain preferential rights to persons honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service, and the widows of such persons; to provide for appeals to the Civil Service Commissions by employees who deem themselves aggrieved by any removal, dismissal, retirement, reduction in compensation, demotion or suspension; to provide for investigation, training program and other procedures for im- proving the efficiency of City governmental departments and agencies; to prohibit corrupt practices in the Classified Service; to provide for the keep- ing of permanent records by the Departments, and for the public inspec- tion thereof; to prohibit political activities by employees in the Classified Service; to provide for the production of evidence and attendance of wit- nesses at hearings or investigations held by any City Civil Service Commis- sion, the Director or any agency thereof; to authorize and require an ap- propriation for, and to regulate the payment of, the expenses of City De- partments of Civil Service; to provide penalties for the violation of this Act and of the rules adopted pursuant thereto; and to repeal all laws and parts of laws inconsistent with the provisions hereof. Be it enacted by the Legislature of Louisiana, That SECTION 1 The purpose of this Act is to guarantee to all citizens a fair and equal op- portunity for public service, irrespective of religious, political or fractional con- siderations; to establish for all cities in the State of Louisiana having a popu- lation exceeding One Hundred Thousand (100,000) according to the last pre- ceding decennial census of the United States for which the official figures have been prepared a system of personnel administration based on merit principles and scientific methods, governing the appointment, promotion, transfer, lay-off, removal and discipline of its officers and employees, and other incidents of City employment. Except as hereinafter specified, all appointments and promotions to positions in the City service shall be made on the basis of merit and fitness, to be ascertained by competitive examinations. SECTION 2 Short Title. This Act shall be known as and may be cited as the City Civil Service Law. SECTION 3 Definitions. The following words and phrases when used in this Act shall have the following meaning, unless the context clearly requires otherwise: 1. “Allocation” means the official determination of the class to which a position in the classified service shall be deemed to pertain, as provided in this Act. 2. “Appointing Authority” means any officer, board, agency, corporation, commission, person or group of persons having the power to make appoint- ments to positions in the City service. 3. “Appointment” means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in such position. R 4. “Class” or “class of positions” means a definitely recognized kind of em- ployment in the classified service, designed to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and con- sequent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. 5. “Classification plan” means all the classes of positions established under the provisions of this Act for the classified service. 6. “Classified Service” means all offices and positions of trust or employ- ment in the City Service, except those placed in the unclassified service by this Act. 689 Vol. IV ſº Legal Materials 7. “Commission” means the City Civil Service Commission. 8. “Competitive position” means any position in the classified service that is subject to the requirements of this Act relating to appointment on the basis of competitive tests of fitness, and applies to every position in the classified service that is not by this Act expressly excepted or included among the po- sitions in the unclassified service. 9. “Demotion” means a change of an employee in the classified service from a position of one class to a position of another class for which a lower maximum rate of pay is prescribed. 10. “Department” means the Department of City Civil Service, including both the Commission and the Director. 11. “Director” means the City Director of Personnel. 12. “Division” or “Division of the Service” or “Agency” means a City Department or any division or branch thereof, or any agency of the City Government, or branch of the City service, or any corporation organized for public purposes, of which Fifty Per Cent. (50%) or more of the stock thereof is owned or controlled by the City, all the positions in which are under the same appointing authority. 13. “Eligible” means a person whose name is on a list. 14. “Employee” means a person legally occupying a position. 15. “Employment list” means an original entrance employment list, a pro- motion employment list, or a reemployment list. 16. “Entrance test” means a test for positions in a particular class, ad- mission to which is not limited to persons employed in the City service. 17. “List” means an employment list, an original entrance employment list, a promotion employment list, or a reemployment list. 18. “Organization unit” means any administrative agency or part thereof, that is designated by rule or regulation hereunder as a unit for purposes of administration of this Act. 19. “Original entrance employment list” means an employment list for a class resulting from tests of fitness open to all applicants who meet the pre- scribed requirements for admission to the tests, regardless of prior employment in the classified service. 20. “Pay” means salary, wages, fees, allowances, and all other forms of valuable consideration, or the amount of any one or more of them, earned by or paid to any employee, by reason of service rendered in any position, but does not include any allowances for expenses authorized and incurred as incidents to employment. 21. “Pay plan” means all the scales of rates of pay prescribed under the provisions of this Act, for classes of positions in the classified service. 22. “Promotion” means a change of an employee in the classified service from a position of one class to a position of another class for which a higher maximum rate of pay is provided in the pay plan. 23. “Promotion employment list” or “promotion list” means an employ- ment list for a class resulting from tests of fitness limited to applicants who are employees of lower classes in the classified service. 24. “Promotion test” means a test for positions in a particular class, ad- mission to which is limited to employees in the classified service who have held a position in another class. 25. “I’ublic hearing” means a hearing held after public notice of at least five (5) days, at which any person may have a reasonable opportunity to be heard, in accordance with such rules an regulations as may be adopted by the Commission. 26. “Reemployment list” means an employment list for a class consisting of a list of names of persons who have previously occupied positions allocated to that class, and who have been found to be entitled to certification for re- appointment to positions of such class under the provisions of this Act. 690 Vol. IV Acts of the Legislature º; 27. “Regular employee” means an employee who has been appointed to a position in the classified service in accordance with this Act after completing his working test period. 28. “City Service” or “Civil Service of the City” means all offices and positions of trust or employment in the employ of the City, or any department. independent agency or other agency, board or commission thereof, or corpora- tion organized for public purposes, of which fifty per cent. (50%) or more of the stock thereof is owned or controlled by the City, including persons em- ployed by City or joint Federal and City agencies administering City and Fed- eral relief and other funds, other than the military and naval service, irre- spective of whether the pay for such offices and positions of trust or employ- ment be paid out of the City Treasury, either in whole or in part, except those hereinafter excepted by the provisions of this Act. 29. “Temporary appointment” means an appointment for a limited period of service without acquisition by the appointee of any continuing right to be retained as an employee beyond such period. SECTION 4 Department of City Civil Service. (a) There is hereby created and estab- lished in the City government a Department of City Civil Service, the admin- istrative head of which shall be the City Director of Personnel, to be appointed as hereinafter provided. (b) In the Department there shall be a City Civil Service Commission, composed of three (3) members, with the powers and duties hereinafter enu- merated. (c) Adequate annual appropriations shall be made to enable the Depart- ment to carry out effectively the provisions of this Act. (d) The domicile of the Department shall be at the City to which it ap- pertains, at which place suitable offices and quarters shall be provided, by the governing body of the City. SECTION 5 Civil Service Commission. (a) There is hereby created and established a City Civil Service Commission for every city in the State of Louisiana having a population exceeding One Hundred Thousand (100,000) as hereinabove pro- vided, to be composed of three citizens who are qualified voters of the city in which they will serve, who shall be in sympathy with the application of merit principles of public employment. No member of the Commission shall be a candidate for nomination or election to any public office or hold any other public office or position or public employment whatsoever, the office of Notary Public or a military or naval office excepted, nor shall any member of the Com- mission be or have been, during a period of six months immediately preceding his appointment, a member of any local, State or national Committee of a political party, or any officer or member of a Committee of any factual or po- litical club or organization. (b) One member of the Commission shall be appointed by the Commis- sion Council or other governing body of each city to which this Act applies, and two members of the Commission shall be appointed by the State Civil Serv- ice Commission of the State of Louisiana from citizens who are qualified voters in each of the cities to which this Act applies, within thirty days after July 1, 1942, the effective date of this Act, and in the event of a city later becoming subject to the provisions of this Act, by reason of an increase in its popula- tion, within thirty days after the official figures of the last preceding decennial census of the United States have been made public, showing that said city has a population exceeding one hundred thousand. One of the commissioners so appointed shall serve for two years, one for three years, and one for four years. The respective terms of the first appointees under the provisions of this Act shall be designated at the discretion of the Mayor. At the expiration of their respective terms of office, in the case of the expiration of the term of a com- missioner selected and appointed by a commission council or other governing 691 Vol. IV ſº Legal Materials body of a city, the successors to said commissioner shall be appointed by said commission council or other governing body of the city, and in the case of the expiration of the terms of the two commissioners selected and appointed by the State Civil Service Commission of the State of Louisiana, the successors to said commissioners shall be selected and appointed by the State Civil Service Commission of the State of Louisiana. The term of office of each such succes- sor appointee shall be six years. The commission council or other governing body of the city and the Civil Service Commission of the State of Louisiana shall fill any vacancy occurring in said Commission for the unexpired term by appointment in the same manner as the predecessor appointee was selected and appointed. Each commissioner shall serve until his successor has been appointed and qualified. Each commissioner shall take the oath of office before entering upon the duties of office and such oath shall include a statement of belief in and desire to support the principles of the merit system. It shall be the duty of the commission council or other governing body of the city and the State Civil Service Commission of the State of Louisiana to select and appoint the com- missioners described above in the first instance, within thirty days after July 1, 1942, and thereafter within thirty days after the receipt of notice from any person of occurrence of any vacancy on the commission (whether such vacancy result from the expiration of the term of a commissioner or in any other man- ner). Should the commission council or other governing body of a city fail to appoint one original commissioner, or fail to appoint his or her successors, as herein provided, within the time and in the manner herein provided, the State Civil Service Commission of Louisiana shall select and appoint said commis- sioner, whether such vacancy result from an original failure to appoint, from the expiration of the term of the commissioner, or from any other cause. (c) A member of the Commission shall be removable only for cause by the Mayor upon recommendation of a committee composed of the Chairman of the State Civil Service Commission of Louisiana, City Attorney, and Pre- siding or Senior District Judge, after being given a copy of charges against him and an opportunity to be heard publicly on such charges. A copy of the charges and a transcript of the record of the hearing shall be filed with the Secretary of State. (d) Members of the Commission shall each be paid twenty-five dollars for each day devoted to the work of the Commission, but not more than two thou- sand dollars each in any year. They also shall be entitled to reimbursement for necessary traveling and other expenses. (e) The Commission annually shall elect one of its members chairman. It shall maintain its principal office in such space as shall be provided for it by the proper city officials, and shall maintain its records at said principal offices and shall hold its regular meeting there. At least one regular meeting shall be held in each month, except in the months of July and August. Special meet- ings may be held at such times and places as shall be specified by call of the chairman or mayor. Notice of the time and place of all meetings shall be given in writing to each member by the Director. Meetings of the Commission shall be open to the public, and two (2) members shall constitute a quorum for the transaction of business. The Director shall act as secretary of the Commission, and shall keep adequate records and minutes of its business and official actions. It shall be the duty of the officer or officers charged by law with the custody of the City buildings to assign suitable office space to the Commission for exe- cuting the duties charged to it and to the Director. SECTION 6 Duties of the Commission. In addition to the duties imposed upon it else- where in this Act it shall be the duty of the Commission: (1) To represent the public interest in the improvement of personnel ad- ministration in the City service. (2) To advise the Mayor and the Director on problems concerning per- sonnel administration. (3) To advise and assist the Director in fostering the interest of institu- tions of learning, civic, professional and employee organizations in the im- provement of personnel standards in the City Service. 692 Vol. IV Acts of the Legislature º: (4) To make, either at the direction of the Mayor or upon the petition of any citizen for just cause, or upon its own motion, any investigation con- cerning the administration of personnel in the City service, and to review and modify, or set aside, any action by the Department which the Commission may determine to be desirable or necessary in the public interest. (5) To make and publish annual reports, and such special reports as it considers desirable, to the Mayor, regarding personnel administration in the City service and recommendations for improvement therein. (6) To conduct hearings and pass upon complaints by or against any offi- cer or employee in the classified service for the purpose of demotions, reduc- tion in pay or position, suspension or dismissal of such officer or employee, in accordance with the provisions of this Act. (7) To make, alter, amend and promulgate rules. (8) To hear and pass upon such other matters as the Director of Person- nel may from time to time bring before the Commission for determination, and to perform all the duties with reference to that position that are assigned to the Director in relation to all other positions in the classified service. (9) To perform such other duties as may now or hereafter be required by law. SECTION 7 Appointment of the Director. (a) The position of City Director of Per- sonnel is hereby created and established. The Director shall be in the classi- fied service and shall be a person who has had experience in the field of per- Sonnel administration and is familiar with its principles and methods, and who is in sympathy with the application of merit principles and scientific methods of public employment. He shall receive an annual salary which shall be fixed in accordance with the pay plan adopted under Section 16 of this Act. He shall neither hold nor become a candidate or applicant for any other public office, or position of trust or public employment whatsoever. (b) Within thirty (30) days after the first members of the Commission have been appointed and qualified, and thereafter within thirty (30) days after a vacancy occurs in the office of Director, which cannot be filled from an exist- ing list pursuant to this section, the Commission shall appoint a special Exam- ining Committee of three (3) persons to examine the qualifications of all per- sons applying for appointment to the office of Director. The members of such Committee shall be persons who have knowledge of and are in sympathy with the principles of the merit system in public personnel administration. The mem- bers of such committee may, but need not necessarily, be either citizens or resi- dents of the State of Louisiana. Any two (2) members shall constitute a quorum. The Committee shall have the same powers and duties with respect to the conduct of the test and establishment of the employment list for the position of Director as are vested in or imposed upon the Director under the provisions of this Act with respect to other positions in the classified service. (c) As soon as practicable after its appointment, and in no event more than sixty (60) days thereafter, the Examining Committee shall hold a com- petitive test, adequate and designed to determine whether applicants possess the necessary qualifications, in accordance with the provisions of this Act, and examine applicants for the position of Director, and shall certify to the Com- mission the names of the three (3) persons rated highest in the competitive test and found by the Committee to possess the necessary qualifications for the office of Director, arranged in descending order, with the name of the person considered best qualified listed first. Persons so certified may, but need not, be either citizens or residents of the State of Louisiana. The Commission shall then appoint one of the persons so certified to the office of City Director of Personnel. No person who has not been examined and certified by an Examining Committee, as herein provided for, shall be appointed to the office of Director. Every employment list for Director shall expire one (1) year after it is es- tablished. The Commission shall fix the compensation and shall authorize the payment of actual necessary expenses of members of the Examining Committee provided for in this section. 693 Vol. IV ſº Legal Materials (d) The Director shall be in the classified service and shall be subject to removal by the Commission only for cause set forth in written charges and after public hearing by the Commission, to be held in accordance with rules to be adopted by the Commission. (e) The Commission is hereby authorized prior to the effective date estab- lished in Section 11 hereof to select and appoint without competitive examina- tion a Provisional City Director of Personnel who shall have all the duties and powers of the Director and shall serve until the Director is selected as herein provided. [As amended by Act 177 of 1942.] SECTION 8 Duties of the Director. (a) The Director of each Civil Service Commission created under the provisions of this Act shall be the executive and adminis- trative head of the Department of City Civil Service and shall direct and super- vise all its administrative and technical activities. In addition to the duties im- posed upon him elsewhere in this Act, it shall be his duty: (1) To attend all meetings of the Commission and to act as its secretary and keep minutes of its proceedings. (2) To establish and maintain a roster of all employees in the City serv- ice, in which there shall be set forth, as to each employee, the class title of the position held; the salary or pay; any change in class title, pay or status; and any other necessary data. (3) To appoint, by and with the consent of the Commission, under the provisions of this Act, such employees of the Department, and such experts and special assistants as may be necessary to carry out effectively the provisions of this Act. (4) To develop, in cooperation with appointing authorities and others, training and educational programs for employees in the City service. (5) To investigate, from time to time, the operation and effect of this Act, and of the rules, and to report his findings and recommendations to the Commission and to the Mayor. (6) To make and publish annual reports regarding the work of the De- partment, and such special reports as he considers desirable, to the Commis- sion and to the Mayor. (7) To perform any other acts and functions which he may consider necessary or desirable to carry out the purposes of this Act, or which he may be directed to perform by the Commission. (b) The Director may designate an employee of the Department to act as his deputy. In case of the absence of the Director or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy. (c) The Director may select officers or employees in the City service to act as examiners in the preparation and rating of tests. An appointing authority shall excuse any employee in his division from his regular duties for the time required for his work as an examiner. Officers and employees shall not be en- titled to extra pay for their service as examiners, but shall be entitled to reim- bursement for necessary traveling and other expenses. (d) The Director may, for the purpose of assisting in the examination of candidates for positions of high responsibility and positions requiring unusual qualities or qualifications, retain the services of persons from within or without the State who, because of their experience or for other reason, have special acquaintance with the qualities or qualifications requisite for such positions. SECTION 9 Rules. (a) The Director shall recommend to the Commission such rules as he may consider necessary or desirable to carry out the provisions of this Act, and may, from time to time, recommend amendments or additions there- to. When such rules or amendments are recommended by the Director, the Commission shall hold public hearing thereon, and shall have the power to 694 Vol. IV Acts of the Legislature º approve, alter, amend, or reject the recommendations of the Director, wholly or in part, or to modify them and approve them as so modified. The first rules hereunder shall be recommended by the Director within six (6) months after his appointment. The Commission shall have power to propose and adopt new rules or amendments or additions to the rules on its own initiative. (b) Rules adopted under this section shall have the force and effect of law. Among other things, and without in any wise restricting the scope of the rule making authority of the Commission, such rules shall provide for the method of administering the classification plan and the pay plan; the estab- lishment, maintenance, consolidation and cancellation of lists; the application of service ratings; the hours of work, attendance regulation, vacations and leaves of absence for employees in the classified service; and the order and manner in which lay-offs shall be effected. Such rules may include any provisions re- lating to City employment which may be necessary or appropriate to give effect to the provisions and purposes of this Act. (c) The powers herein conferred upon the Director shall be subject to the provisions of this Act, and the pertinent provisions of the legislative charter of the City, and of the rules adopted hereunder, and may be exercised by regu- lation or by order as the Director sees fit. His powers and duties shall not be limited or restricted by the authorization to adopt rules, except to the extent that rules are adopted hereunder. SECTION 10 Unclassified and Classified Service. (a) The unclassified service shall in- clude the following positions: (1) The Mayor and other members of the Commission Council or other governing body of the city and all officers of all cities to which this Act ap- plies, elected by popular vote and all persons appointed to vacancies occuring in such elective offices. (2) All heads of principal executive departments including the members of the Civil Service Commission of all Cities to which this Act applies. (3) Members of the advisory boards and committees appointed by the mayors of all cities to which this Act applies, and serving without pay. (4) Members of boards, authorities or commissions appointed by the Com- mission Council, or other governing body of any city to which this Act applies. (5) Members and employees of the Board of the New Orleans City Park Improvement Association. (6) One principal assistant or deputy and one private secretary for the Mayor, the members of the Commission Council or other governing body of the city, each board or head of a department, except the Civil Service Commission. (7) Persons retained or employed by the Director for the purpose of con- ducting or assisting in the conduct of examinations under (d) of Section 8. (8) Officers, Secretaries and employees of the offices of the Mayor and City Attorney, Board of Iiduidation City Debt and one member of the Loui- siana Bar occupying a position in the City Service as legal counsel to any ap- pointing authority. (9) All those employees and deputies of parochial offices and officials who have been placed in the unclassified Civil Service by sub-paragraph (14), as amended, of Section 10 of House Bill No. 484 relative to the State Department Civil Service. (b) The classified service shall comprise all other positions now existing or hereafter created in the City service. SECTION 11 Status of Employees at the time of Taking Effect on This Act. Every per- son who, on the first day of July, 1942, is legally occupying, by permenent ap- pointment thereto, a position placed by this Act in the classified service, shall be entitled to continue to occupy such position, without further tests of fitness 695 Vol. IV ſº Legal Materials for such employment, and shall become subject to the provisions of this Act with the same effect as though he had been appointed to the position occupied under the provisions of this Act; provided, however, that this Section shall not apply to persons employed by city or joint Federal and city agencies ad- ministering city and Federal relief or other funds, subject to any form of Fed- eral control and supervision. Such employees shall be subject to rules, classifi- cations and regulations adopted from time to time by the Commission in ac- cordance with the authority and provision of Section 45 of this Act. SECTION 12 Classification Plan. The Director, as soon as practicable after this Act takes effect, shall cause to be prepared a classification plan which shall consist of classes, designated by standard titles, designed to provide for all positions in the classified service. He shall from time to time review the duties and respon- sibilities of the positions in the classified service and may add, combine, divide, or abolish classes, or revise the titles of existing classes. The classification plan so provided and any changes therein shall become effective when adopted here- under as rules or amendments thereto. The Director, subject to the rules, shall provide, and may amend from time to time, a written definition for each class, describing the nature of the duties and reseponsibilities characteristic of posi- tions properly pertaining to the class, with illustrative examples where desirable, and setting forth the minimum qualifications deemed to be requisite for en- trance to positions of the class, together with the principal and natural lines of promotion. Such definitions shall be deemed to be descriptive only, and not restrictive. They shall be construed merely as defining the several classes, and not as prescribing what the duties or qualification requirements of any position shall be, or as limiting the right of any employee to compete for promotion. SECTION 13 Allocation of Positions to Classes. The Director, as soon as practicable after the adoption of a classification plan hereunder, after consultation with the ap- pointing authorities concerned, shall allocate each position in the classified service to its appropriate class, and thereafter shall allocate each new position in such service to its appropriate class, and may reallocate positions from class to class. In making such allocations he shall provide for uniform application of the classification plan to positions under different appointing authorities. When- ever the duties of a position are so changed that the position in effect becomes one of a different class from that to which it is allocated, such change shall operate to abolish the position and to create a new position of such different class. Any employee affected by the allocation or reallocation of the position occupied by him at any time shall, upon his request, be given a reasonable op- portunity to be heard thereon. Section 14. Use of Class Titles. The title of each class shall be the official title of every position allocated to the class, for all purposes having to do with the position as such, and shall be used to the exclusion of all others on all pay- rolls, budget estimates, and official records and reports, pertaining to the po- sition, provided that any abbreviation or code symbol approved by the director may be used to designate a position of a class, and provided further that any other title satisfactory to the appointing authority may be used in official cor- respondence and in any other connection not having to do with the personnel processes covered by this Act. No employee shall be appointed, employed, or paid under any title other than that of the class to which the position oc- cupied by him is allocated. Section 15. Status of Incumbent of Position When Allocated. When any position is first allocated hereunder, or is reallocated to a different class to cor- rect an error in its previous allocation, the employee in such position shall be entitled to continue to serve therein, with the status and all the rights and privileges he would have had under this Act if he had been originally appointed by competitive examination and certification hereunder to a position of the class to which such position has been allocated or reallocated, but such em- 696 Vol. IV Acts of the Legislature º: ployee may be transferred or promoted without further tests of fitness or certi- fication, to any position of the class to which the position previously was al- located while held by him, or his name may be placed on the reemployment list for such class; subject, however, to the provisions of Section 11 of this Act. Section 16. Pay Plan. (a) The Director, after consultation with the ap- pointing authorities concerned and resort to such measures of investigation and research as he may deem desirable, shall cause to be prepared and submit to the Commission for approval a pay plan for the classified service, comprising a scale of rates for each class. Each such scale of rates shall be determined with due regard to the scales of rates for other classes, and to the relative difficulty and responsibility of the characteristic duties of positions of the class, the mini- mum qualifications requisite therefor, the prevailing rates of pay for similar employments outside the service, economic considerations and any other factors that may properly be considered to have a bearing upon the fairness or ade- quacy of the rates of the pay plan. He shall also, from time to time, recom- mend such changes in the pay plan as changes in classes, or in economic condi- tions, or in other factors, may render desirable. Such pay plan and change therein shall become effective for budget purposes when approved by the Mayor with the consent of the governing body of the City, and shall be given effect to the extent expressly approved by the Commission Council or other governing body or impliedly so approved by the making of appropriations based on estimates and recommendations of the Mayor in terms of the rates of such plan. (b) The scale of rates for any class shall consist of a minimum rate, a maximum rate, and such intermediate rates as may appear to be necessary or equitable. Original appointment to any position of a class shall be at the minimum rate for the class; except that, in unusual cases where economic or employment conditions warrant, the Director may, with the approval of the Commission, upon recommendation of the appointing authority, authorize ap- pointment at a higher rate within the scale of rates for that position. When an employee is promoted, his pay shall be fixed at the minimum rate for the new class or shall remain at his last rate in his former position, whichever is the higher. When a regular employee is demoted, his pay shall be fixed at the maximum rate for the new class or shall remain at his last rate in his former position, whichever is lower. If a former employee is reinstated or reemployed in a position, his pay shall be fixed at the same rate as his last rate in his former position, if the former rate is within the scale for the class of the new position, and, if not, at the rate within the scale of the new position which is nearest his former rate. The rate of pay of any employee may be decreased under the conditions and subject to the procedural requirements hereinafter prescribed in this Act. The pay of all positions in the Classified Service shall be determined with reference to the pay plan in effect and in accordance with the provisions of this Act; any provisions of law or appropriation for any different salary rate or mode of payment for any position to the contrary notwithstanding, and no employee in such service shall be paid any compensation for service as such except in accordance with the rate fixed under the provisions of this Act, and the rules adopted under its provisions. The Rules shall provide for the pro- cedures in making increases in pay within a range. The rules may provide for the payment of employees temporarily employed to meet special and unusual situ- ations or for particular projects on completion of which their services will not be needed further at rates not exceeding the prevailing rates or not more than fifty per cent higher than those provided for continuous employment under the maximum rates of such pay plan. [As amended by Act 275 of 1944.] (c) At the time of taking effect of a pay plan prescribed as herein pro- vided, or any amendment thereto establishing or changing the scale of rates for any class, or any reallocation of a position under the provisions of this Act, the rates of employees in the positions of any class for which a scale of rates is so established or changed or reallocation made, shall be adjusted, within the limits of appropriations provided, as follows: (1) The rate of any employee who is paid at less than the minimum rate of the scale prescribed for his class shall forthwith be increased to such rate. (2) The rate of any employee who is paid at any one of the specified rates of the scale prescribed for his class shall not be changed by reason of the new scale. 697 Vol. IV ſº Legal Materials (3) The rate of any employee who is paid at a rate between the minimum rate and the maximum rate of the scale prescribed for his class, but not cor- responding with any specified rate of such scale, shall not be changed. [As amended by Act 275 of 1944.] (4) The rate of any employee who is paid at a rate in excess of the maximum rate of the scale prescribed for his class shall not be changed, nor, except in disciplinary cases, may the rate be changed so long as the employee remains in a position in that class or in a position of a similar class to which he may be transferred. [As amended by Act 275 of 1944.] (d) The rates of pay prescribed in the pay plan provided under the re- quirements of this Act shall be deemed to be the rates prescribed for full-time employment for the regularly established working hours, in any period for which payment is to be made, subject to such provisions as may be made under any provision of law for holidays and leaves of absence with pay. When part- time service in any position is authorized or rendered, involving less than the regularly established number of hours of service in any period, the actual com- pensation to be paid shall be determined by the relation that the actual number of hours of service authorized and rendered bears to the number of hours of service involved in full-time employment. It shall be permissible to pay equiva- lent compensation on any other time basis than that expressed in the pay plan, when the interests of the service so require, but the rate of pay for the time unit employed shall be in the same ratio to the rate prescribed under the pay plan as the ratio of such time to the number of such units involved in full-time employment under the unit on which the prescribed rate of the pay plan is based, except as otherwise expressly provided herein. In any case in which any allowance is provided in addition to cash salary, such as meals, lodging, living quarters, laundry, and the like, including maintenance provided for others on behalf of the employee, but not including reimbursement of actual and necessary expenses authorized and incurred as incidents to the employment, all such allowances shall be treated as compensation in kind, involving part payment of the amount payable under the rate prescribed, and shall be de- ducted from the money amount payable to the extent of their cash value, as appraised by the Director. Wherever part of the compensation or pay of any position is paid from a different appropriation, fund, or account, from that from which any other part of such compensaiton is paid, or is derived from any agency, outside the service of the City, all such part payments shall be deducted from the amount payable for any period under the rate prescribed, to determine the actual cash payment due the employee in such position for such period, so that the total compensation or pay received from all sources shall not exceed the amount payable under the rate prescribed. In any case in which the compensation or pay received from outside sources shall exceed the amount payable under the rate prescribed under the provisions of this Act, the em- ployee concerned shall pay such excess into the city treasury to the credit of the general fund. No payment or allowance shall be made to any employee in respect of any service rendered by him for the City either in the discharge of his ordinary duties, or in the performance of other duties imposed upon him or which he may undertake to perform, that will have the effect of causing his total com- pensation or pay for any period to exceed the amount authorized hereunder, as determined by the rate prescribed, except as may be expressly authorized under any provisions made by due authority for payment for overtime work in excess of the hours required for full-time employment. Section 17. Methods of Filling Vacancies in the Classified Service. (a) Vacancies in positions in the classified service may be filled by demotion, transfer, reinstatement, reemployment, promotion, original appointment, or temporary appointment, in accordance with the provisions of this Act and the rules. Preference shall be given to the methods named in the order in which they are so named in this Section, under the conditions and subject to the re- strictions and limitations set forth in the rules. (b) A vacancy shall be deemed to be filled under any of the methods specified, and employment thereunder to become effective, as of the date on which the employee enters on the duties of the position. Section 18. Reinstatement and Reemployment. 698 Vol. IV Acts of the Legislature º (a) The Director shall, subject to the rules, establish and maintain reem- ployment lists, which shall contain the names of persons who have been regular employees and who were separated from their positions for reasons other than fault or delinquency on their part. The order in which names shall be placed on reemployment lists shall be established by the rules. (b) A regular employee who has been promoted to a position of a higher class and who is removed from such higher class of position before acquiring full civil service status therein, unless he is removed for disciplinary reasons of such a nature as would justify dismissal of a regular employee, shall be rein- stated in his former position subject to the following: (1) A regular employee who has been promoted from a position in one organization unit to a position of a higher class in another organization unit and who has been removed during his working test period, or while serving provisionally or on a conditional basis, following such promotion shall be reinstated in his former position in the organization unit from which he was promoted if a vacancy exists therein or shall be reinstated in any other position in which there is a vacancy in the case class in the organization unit from which he was promoted, provided he possesses the qualifications necessary, to be determined by the Director, to perform the duties of such position. If rein- stated, as herein authorized or required, the employee shall not be required to serve a new working test period. If the employee cannot be reinstated as herein authorized, the Director shall, upon the employee's request, to be made by him within a period of two years from removal, place his name on a preferred reemployment list for the class of position from which he was promoted. The appointing authority of the organization unit, during the time such employee's name remains on such preferred reemployment list, is prohibited from filling any vacancy in the class in which such employee has reinstatement rights, without first offering appointment to, and appointing if he possesses the neces- sary qualifications and accepts, the employee who has reinstatement rights in such organization unit. If reinstatement cannot be effected as herein authorized, the name of the employee shall also, upon his request to be made within a period of two years from removal, be placed upon a reemployment list for certification to any other organization unit for the class of position from which he was promoted. (2) Whenever a regular employee has been promoted within an organization unit to a position of a higher class in the same organization unit he shall be granted promotional leave of absence from the position he occupied when promoted until he acquires full civil service status in the position to which he has been promoted, and until he acquires such status the appointing authority may fill his position only in accordance with Section 26 relating to conditional and temporary appointments. Should the employee be required to vacate the position to which he has been promoted he shall be reinstated in his former position, or in the alternative, at the discretion of the appointing authority, shall be reinstated in any other position in the organization unit in the same class as his former position in which there is a vacancy. (c) Any person who has resigned from a competitive position, and has requested reinstatement to the position formerly occupied by him, may upon the request of the appointing authority and with the prior approval of the Director, based upon the record of the employee for satisfactory service, be reinstated to such position within a period of two years from the date of separation, if a vacancy exists therein; provided that the rules may permit the reinstatement of an employee subsequent to two years of his resignation, where such employee has resigned for public service in another jurisdiction, or has resigned to accept an unclassified position in the City Service. If reinstatement cannot be effected as herein authorized, the name of the employee, upon his request to be made within a period of two years from date of separation, shall be placed on a reemployment list for a class of position he previously occupied. (d) When a position is temporarily vacated because the incumbent is on authorized leave of absence without pay and the appointing authority desires to fill the position for the duration of the leave of absence, he must do so on a conditional basis by demotion, transfer or from an employment list if a list exists from which certification can be made, subject to the provisions of Section 26 of this Act. 699 Vol. IV ſº Legal Materials (e) Whenever a position held by a regular employee is abolished, such employee shall be reinstated in any position in the same class in the same organization unit in which a vacancy exists provided he possesses the qualifica- tions, to be determined by the City Director of Personnel, to perform the duties of such position. If he cannot be reinstated as herein authorized, the Director shall, upon the employee's request to be made within a period of two years from the time his position was abolished, place his name on a preferred reemployment list for the class of the abolished position. The appointing authority of the organization unit, during the time such employee's name remains on such reemployment list is prohibited from filling any vacancy in the class in which such employee has reinstatement rights, without first offering appointment to, and appointing if he possesses the necessary qualifications and accepts, the employee who has reinstatement rights in such organization unit. If reinstatement cannot be effected as herein authorized, the name of the employee shall also, upon his request to be made within a period of two years from the date the position he occupied was abolished, be placed on a reemploy- ment list for the class of position he occupied for certification to any other department. (f) The rules may contain such other provisions relating to reinstatement, reemployment, and leaves of absence not inconsistent with this section or with other parts of this Act as may be deemed necessary and appropriate to give effect to the provisions and purposes of this Act. (g) Nothing in this section shall limit or otherwise restrict the City Civil Service Commission from adopting or amending, after public hearing, rules which accord to City employees on authorized military leaves, greater rights of rein- statement, reemployment, or leaves of absence than are herein conferred, any such rules heretofore adopted are continued in effect until such time as they may be repealed or amended. [As amended by Act 275 of 1944.] Section 19. Establishment of Promotion Lists and Employment Lists. (a) The Director shall, subject to the rules, establish and maintain such promotion lists and employment lists for the various classes of positions in the classified service as he deems necessary or desirable to meet the needs of the service. On each promotion list and employment list, the eligibles shall be ranked in the order of their ratings earned in the test given for the purpose of establishing such list, subject, however, to such subsequent revision as may be made by the Director in accordance with the provisions of Section 29 hereof. (b) The Diretor shall, subject to the rules, determine at the time any pro- motion list or employment list is established the period during which such list shall remain in force, which shall be not less than six (6) months nor more than three (3) years. The Director may extend such period by order made be- fore the expiration of the list, but no list shall be extended to a time more than three (3) years from the original establishment thereof, and a statement of the reasons for any extension shall be entered in the records of the Depart- ment. The Director may consolidate or cancel promotion lists and employment lists as the needs of the service may require and as authorized by the rules. Unless otherwise provided in the rules a promotion list or employment list which has been in force for six (6) months or more shall be deemed cancelled upon the establishment of a new promotion list or employment list, as the case may be for the same class of positions. Section 20. Nature of Tests; Eligibility for Tests. Tests of fitness for original entrance and for promotion shall be competitive, and open to all citizens who if over twenty-one (21) years of age are qualified voters of the City who meet the prerequisites established for admission to the tests, as specified in the rules or in the public notices of the tests. Such prerequisites may relate to age, sex, residence, health, habits, physical characteristics, experience, moral char- acter, training, education, and other qualifications, and in the case of promotion tests, to service in positions of classes for which lower maximum pay is pre- scribed involving experience tending to qualify for positions of the classes sought. Whenever, after diligent effort, it has been found impracticable to obtain a sufficient number of eligibles who are citizens and if over twenty-one (21) 700 Vol. IV Acts of the Legislature º years of age are qualified voters of the City, for positions of any class, persons otherwise qualified who are not citizens may be admitted to the tests and may become eligible for appointment and be appointed to such positions subject to all other provisions of this Act. The tests for positions of each class shall be practical in their character and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the candidates to discharge the duties of characteristic positions of the class to which they seek to be appointed with due reference also to ability to develop in such ways as to merit advancement to positions of higher classes. The tests may include written or oral questions, trials in the performance of work characteristic of the class, induiries into facts relating to education or experience or accomplish- ments, and investigations of the records and success attained and of personal characteristics, or any combination of these and other elements duly related to the purposes of the tests. Promotion tests shall be based on the same stand- ards of required qualifications as original entrance tests for the same classes, and the same degrees of excellence in the tests shall be requried for eligibility. No question shall be so framed as to elicit information concerning the political, factional, or religious opinions or affiliations of an applicant. Section 21. Admission to Tests and Rejection of Applicants. The Direc- tor shall, subject to the rules, determine the qualifications for admission to any test. Subject to such limitations as to age and other requirements and qualifica- tions as may be fixed by the rules in the interests of the service, admission to tests shall be open to all persons who possess the required qualifications and may be lawfully appointed to a position in the class for which a list is to be established. The Director, subject to the rules, may reject the application of any person for admission to tests of fitness or refuse to test any applicant, or may cancel the eligibility of any eligible on any employment list, who is found to lack any of the qualifications prescribed as requirements for admission to the tests for the class for which he has applied, or who is physically unfit to perform effectually the duties of a position of the class, or who is addicted to the habitual use of drugs or intoxicating liquors to excess, or who has been adjudged guilty of a crime involving moral turpitude or infamous or notoriously disgraceful conduct, or who has been dismissed from the public service for delin- quency or misconduct, or who has made a false statement of any material fact or has practiced or attempted to practice deception or fraud in his applica- tion or in his tests or otherwise in securing eligibility for appointment or attempt- ing so to do. Any such facts shall also be considered cause for removal of any employee. The Director shall reject any application filed after the time fixed for closing receipt of applications as anounced in the public notice of the tests, or after a specified number of applications, announced in the public notice of the tests, has been received. The provisions and requirements of Sections 17, 19, 20, 21 and 28 of this Act as to methods of filling vacancies, establishment of promo- tional lists and employment lists, eligibility and original entrance competitive tests and admission to tests may be waived or dispensed with by the Commission in its discretion in whole or in part in case of original appointment for unskilled labor, including custodial workers, attendants, street cleaners, garbage workers, janitors, food service workers, porters and other unskilled workers. Such laborers and workers may be selected and appointed by the appointing authority under such conditions and in accordance with such rules and regulations as the Com- mission may from time to time adopt, provided that any such public employees herein described in this paragraph when once duly appointed by the appoint- ing authority in accordance with the rules adopted by the Commission shall be regular employees in the classified service. [As amended by Act 177 of 1942.1 Section 22. Public Notice of Tests. (a) The Director shall give public notice of each entrance test, at least two (2) weeks in advance of such test, by posting a notice thereof on the bulletin board maintained in or near the office of the Department and by publishing a brief abstract of such notice in the official journal of the City. He shall give public notice of each promotion test, at least two (2) weeks in advance of such test, by posting a notice thereof on such bulletin board and in such other manner as he considers appropriate to . information thereof to employees who are eligible for admission to such test. 701 Vol. IV ſº Legal Materials (b) Each official notice of a test shall state the duties and pay of posi- tions in the class for which the test is to be held, the qualifications required therefor, the time, place and manner of making application for admission to such test, the estimated number of vacancies to be filled, and any other infor- mation which the Director considers pertinent and useful. (c) The Director may also advertise tests in professional and trade pub- lications, post notices thereof in schools and colleges, and employ any other methods of publicizing tests which he considers appropriate. He may publish a periodic bulletin containing information about all tests to be sent to sub- scribers at a price approximately the cost of the publication. Section 23. Results of Tests. The rating of each test shall be completed and the resulting list established not later than ninety (90) days after the date on which the test was held, unless such time is extended by the Director for reasons which he shall record in the official records of the Department. Each person competing in any test shall be given written notice of his final earned rating and of his relative standing on the list, or of his failure to attain a place on the list. Each person competing in a test shall, in accordance with regulations adopted by the Commission, be entitled to inspect his ratings and test papers. A manifest error in rating a test shall be corrected if called to the attention of the Director within one month after the establishment of the list, but such correction shall not invalidate any appointment previously made from such a list. From the results of the tests for any class, the Director shall cause to be prepared an employment list for the class, with the names of those persons who have met the minimum requirements imposed for each test and who have received at last the average rating required for eligibility, placed thereon in the order of such average ratings from the highest to the lowest. Separate lists shall be established of eligibles resulting from tests for original entrances and those from tests for promotion. Section 24. Appointment to Positions of Persons Certified From Lists.- Certification for Appointment. (a) Whenever an appointing authority proposes to fill a vacancy in the classified service, except by demotion, transfer, or reinstatement, he shall submit to the Director a statement showing the position to be filled, the class and duties thereof, and he may also specify the necessary and desirable qualifications of the person to be appointed thereto, and shall request the Director to certify the names of persons eligible for appointment to such position. The Director shall, subject to the rules, thereupon certify to the appointing authority the names of three (3) eligible for such position of the class of the vacant position, and if more than one vacancy is to be filled the name of one additional eligible for each additional vacancy; provided that preferences in certifications shall be given to eligibles who are residents and if over twenty-one (21) years of age are quali- fied voters of the city, but in any case where there are not enough eligibles who are such residents, other eligibles who are non-residents of the city may be certified. The eligibles certified shall be except as above provided, the highest ranking eligibles willing to accept employment, ranked in the following order: first, all the eligibles on the appropriate reemployment list, if any; secondly, those on a promotion list, if any; lastly, those on an employment list. All the names of any one of such lists shall be exhausted before any names are certified from another list, but the names certified may be taken from two or more lists, if necessary to make a certification of three eligibles. Names shall be certified from each list in the order of their rank on that list. Within ten (10) days after such names are certified, the appointing authority shall appoint one of those whose names are certified to each vacancy which he is to fill. In each case of acceptance of an appointment, such appointment shall become effective as of the date on which the appointee enters upon duty. (b) If the appropriate lists do not contain the names of a sufficient num- ber of eligibles willing to accept appointment to make possible the certification of three (3) eligible persons as provided for hereunder, the names of all persons on such lists who are willing to accept appointment shall be certified, even if there should then be less than three persons available. (c) The names of persons who have been considered for appointment three times and have not been offered appointment or who have expressed unwilling- 702 Vol. IV Acts of the Legislature º: ness to accept appointment may, in the discretion of the Director, be removed from the list. [As amended by Act 275 of 1944.] (d) Anything in this Act to the contrary, preference shall be given, in the manner hereinafter set forth in this section, to all persons honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service, and the widows of such persons. (e) Age limits, in so far as such persons are concerned, shall be waived, provided that this shall not apply to such persons who have reached a retire- ment age. (f) Proof of eligibility for the preference provided for shall be furnished the City Civil Service Commission or the proper representative of said commission, by submission by the person claiming preference of the discharge granted to the veteran by or through whom preference is claimed, or a properly certified copy of such discharge, and, in the case of a disabled veteran, additionally of a certificate from the Veterans Administration of the United States, showing service-connected disability to exist. (g) In the case of entrance tests or examinations, all persons who have served during time of war and have been honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service, and the widows of such persons who are deceased, provided such widows were living with their husbands at the time of the death of their husbands and have not since remarried, who have met the minimum requirements imposed for each test and who have received at least the average rating required for eligibility, shall have added to their earned gradings an additional five points, and all persons who have served during time of war and have been honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps and Coast Guard Service, who are suffering service-connected disability, or the wives of such persons who are living with their husbands, provided such husbands are not employees of the City and have waived in favor of their wives the preference herein granted, shall have added to their earned gradings an additional ten points; and all persons described in this section, who become eligible for certification, shall be placed on the eligible lists and be eligible for appointment in the order and on the basis of the percentage attained by them in examinations or tests, after such credit of five or ten points, as the case may be, shall have been added. All ties shall be decided in favor of the persons covered by this section. In the case of promotion tests or examinations, a credit of only three points shall be allowed the persons covered by this section. Physical requirement shall be waived in the case of any person covered by this section where it is shown by proper evidence that the disability of such person, if any, will not interfere with the performance of the duties of the position to which he is to be appointed. [As amended by Act 275 of 1944.] (h) If any provision of this section, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the legality of the remainder of this Act. Section 25. Working Tests. (a) Every person appointed to a position in the Classified Service after certification of his name from an original entrance employment list or a promo- tion list shall be tested by a working test while occupying such position. The period of such working test shall commence immediately upon appointment and shall continue for such time, not less than six (6) months nor more than one year, as, subject to the rules, shall be established by the Director. At such times during the working test period and in such manner as the Director may require, the appointing authority shall report to the Director his observation of the employee's work, and his judgment as to the employee's willingness and ability to perform his duties satisfactorily, and as to his habits and dependability. At any time during his working test period, after the first two months thereof, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that such employee is unable or unwilling to perform his duties satisfactorily or that his habits and dependa- bility do not merit his continuance in the service. Upon such removal, the 703 Vol. IV ſº Legal Materials appointing authority shall forthwith report to the Director and to the employee removed his action and the reason therefor. No more than three (3) employees shall be removed successively from the same position during their working test periods without the approval of the Director. The appointing authority may remove an employee within the first two months of his working test period only with the approval of the Director. The Director may remove an employee during his working test period if he finds, after giving him notice and an opportunity to be heard, that such employee was appointed as a result of fraud Or error. (b) Ten (10) days prior to the expiration of an employee's working test period, the appointing authority shall notify the Director in writing whether the services of the employee having been satisfactory and whether he will con- tinue the employee in his position. A copy of such notice shall be given to the employee ten days prior to the expiration of such employee's working test period. Upon approval of the Director of a favorable report, the appointment of the employee shall be deemed to be complete at the expiration of the working test period. Failure by an appointing authority to give such ten days' notice to the Director and a copy thereof to the employee shall have the same force and effect as a satisfactory report. (c) If any employee is removed from his position during or at the end of his working test period, and the Director determines that he is suitable for appointment to another position, his name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the Classified Service immediately prior to his appointment, his name may be placed on the reemployment list for the class of the position in which he was a regular employee. [As amended by Act 275 of 1944.] Section 26. Conditional and Temporary Appointments. (a) Conditional Appointments. When a position is temporarily vacated because the incumbent is on authorized leave of absence without pay and the appointing authority desires to fill the position for the duration of the leave he must do so by making a conditional appointment of a person by demotion or transfer or from an employment list if a list exists for the class of the position. If the position is not filled by demotion or transfer and there is no employment list, on which there are three (3) eligibles available and willing to accept the conditional appointment, the appointing authority, with the prior approval of the Director may make a provisional appointment of any person whom he deems qualified to fill the position. If an employee is appointed to fill the position of a classified employee on leave of absence, he shall be required to vacate the position when the employee on leave of absence returns. If said employee was appointed on a conditional basis by demotion or transfer he shall be reinstated in his former position when the employee on leave of absence returns. If the employee was appointed on a conditional basis through certifica- tion from an employment list he shall retain all rights he may have acquired by virtue of his service under the conditional appointment including, if he has completed his working test period, the right to have his name placed on a reemployment list, or if he has not completed his working test period the right to have his name placed on the employment list, which his name was certified for conditional appointment if such list exists. He shall also be subject to all other provisions of this Act not inconsistent with this paragraph. (b) Temporary Appointments to positions in the Classified Service may be made for short periods without compliance with the provisions of this Act requir- ing certification, as follows: (1) Provisional Appointments. When a vacancy is to be filled in a position of a class for which there are no eligibles available for certification, the appoint- ing authority, with the prior approval of the Director, may make a provisional appointment of any person whom he deems qualified. Such provisional appoint- ment shall terminate upon the regular filling of the vacancy in any manner authorized under this Act and, in any event, within fifteen working days after a certification from which appointment can be required hereunder. A provisional appointment shall never continue for a period in excess of one year unless it is extended by the Commission upon the Director's certification that eligibles are not available and that it is not possible or practicable to provide such eligibles. 704 Vol. IV Acts of the Legislature º: (2) Transient Appointments. Whenever the services of an extra or sub- stitute employee are needed in any position in the Classified Services for a period of less than three months beyond which such services will not be required the appointing authority, with the prior approval of the Director, may make a transient appointment of any person that he deems qualified, to serve for the period required. Any such appointment for a period of less than three months, with the prior approval of the Director, may be extended for such further period or periods as service thereunder may be found to be required, but no transient appointment or extension or renewal thereof, may extend beyond the date representing the completion of an aggregate period of service under any one or more of the provisions of this sub-section, of more than three months, by the same person, under the same or different authorizations, in the same or different positions, under the same appointing authority, during any continuous period of twelve months. (3) Emergency Appointments. Where an emergency exists requiring an appointment to be made before action therefor can be taken under any other provision of this Act, an emergency appointment may be made of any available person to serve until the position involved can otherwise be filled under the provisions of this Act. No emergency appointment shall continue for more than ten days in any case, or be renewed for any further period beyond that limit. The authority hereunder for any emergency appointment is conditioned on a prompt report thereof to the Director, at the time such appointment is made. (c) No credit shall be allowed in any tests of fitness hereunder for expe- rience gained under any emergency or transient or provisional appointment. [As amended by Act 275 of 1944.] SECTION 27 Transfer. An employee may be transferred from any position in the classi- fied service to any other position of the same class, or of any other class for which no additional or different qualifications are prescribed for original en- trance, on recommendation of the appointing authority and approval of such transfer by the Director, but no employee shall be transferred from a position in one organization unit to a position in another organization unit without the consent of the appointing authorities of both units concerned, except as other- wise specifically provided in this Act. The Director shall, continuously and actively, interest himself in the possibilities for providing for improvement and economy in the service by means of transfers to effect adjustment of unsatis- factory conditions of employment and to meet variations in the work require- ments of different organization units. No employee shall be transferred from a position in one class to a position in another class of a higher rank or for which there are substantially dissimi- lar requirements for appointment unless he is appointed to such latter position after certification of his name from a list in accordance with the provisions of this Act. Any change of any employee from a position in one class to a po- sition in a class of a lower rank shall be considered a demotion and shall be made only in accordance with the procedure prescribed by Section 33. An em- ployee thus demoted shall have the right to appeal to the Commission under Section 34 of this Act. SECTION 28 Simplified Form of Tests. In every instance where this Act requires that a position be filled by competitive examination, the examination or tests which are given shall be truly competitive in character, and no provision to fill such a position by a non-competitive examination shall be deemed to be in effect under the provisions of this Act. But the Director, subject to the rules, may provide for simplified types of competitive tests, and of procedures for rating the results thereof, and for establishment of employment lists and certification therefrom, under his supervision, by designated representatives on the staffs of local establishments or otherwise, in the cases of any classes for which such action seems desirable. 705 Vol. IV ſº Legal Materials SECTION 29 Service Standards and Ratings (a) The Director shall, in cooperation with appointing authorities, provide and recommend to the Commission for ap- proval, a system of standard of performance in positions throughout the classi- fied service, and methods of rating the service of the individual employees. Such a system when adopted by the Commission shall be incorporated, in its essentials, by amendment, in the rules, and shall be placed in effect by the Director. The standards of performance to be recommended as bases of service ratings shall have reference to the quality and quantity of work done, the man- ner in which the service is rendered, the conduct of employees and their faithful- ness to their duties, and such other characteristics as, in the opinion of the Director, will measure the value of employees to the service. The system so recommended shall provide for the manner and extent of use of the service ratings as a factor: (1) In making pay adjustments upward or downward within the limits of the scales of pay for the various classes of positions, and shall set forth the standards to be used in determining whether the services of any officer or em- ployee are such as to warrant an increase in pay, no change in pay, or a de- crease in pay, or demotion. (2) In ascertaining whether the value of individual officers and employees, from the view of the city as an employer, is increasing or decreasing. (3) In providing means by which individual officers and employees may be made acquainted with their good points and their shortcomings as viewed by their superiors. (4) In determining what officers and employees shall be considered for promotion in higher positions. (5) In measuring the efficacy of the recruiting procedures used in filling City positions. (6) In discovering officers and employees whose conduct and performance are such that they should be promoted, demoted, transferred, or removed and providing for the action so indicated. (7) For such other purposes as may be helpful in the administration of this Act and the rules. The rules shall provide a “meritorius” rating standard which any em- ployee must meet or exceed to qualify for increase in pay at normally frequent intervals or promotion and a lower rating standard on falling below which an employee shall be subject to action for decrease in pay, demotion, or removal, designated “satisfactory.” (b) When a service rating system has been adopted by the Commission as provided, the Director shall provide for the necessary forms, procedures, and records. He shall see to the designation of appropriate rating officers and instruct them in their duties. He may investigate the accuracy of reports of ratings under the system adopted, and may adjust the ratings to conform to the facts as ascertained. It shall be his duty to provide for uniformity, fair- ness, and equity, of application of the standards by different rating officers. The Director shall evaluate the ratings of employees in accordance with the procedures established in such ways as to provide clear records expressing, as fairly as may be, the relative value of the service of each employee to the City in a position of the class to which his position is allocated and shall main- tain systematic records of the ratings for all positions, under the standards and methods prescribed. Each employee shall be notified of his service ratings from period to period with a view of his being afforded opportunity for correcting his obvious weaknesses. The reports and records of the ratings of each em- ployee may be inspected by him or his duly authorized representative, by his appointing authority, and, in the discretion of the Director, by any other ap- pointing authority who is considering a transfer of the employee to his own jurisdiction. Such ratings, reports, and records shall not be open to inspection of any other person outside the Department of City Civil Service. 706 Vol. IV Acts of the Legislature º: SECTION 30 Hours of Work, Holidays, Attendance and Leave. The rules shall provide for the hours of work, vacations, holidays, attendance regulations and leaves of absence in the various classes of positions in the classified service. They shall contain provisions for annual, sick and special leaves of absence with or without pay, with reduced pay, and may allow special extended leaves for employees disabled through injury or illness arising out of their employment, and the accumulation of annual sick leaves. They shall contain provisions for leaves of absence for women for a reasonable time prior to and after childbirth. When an employee is transferred, by mutual consent, or by virtue of a pro- motion, from a position under one organization unit to a position under another, the value of any unused annual leave earned by him shall be computed and payment therefor shall be made by the organization unit under whose employ- ment such annual leave was earned to the organization unit to which the em- ployee is transferred. The organization unit to which the employee is transferred shall thereupon credit such employee with the number of days annual leave for which it has received payment. Funds transferred by one organization unit to another organization unit in payment of accumulated annual leave shall be available to the receiving organ- ization unit for payroll purposes over and above any funds appropriated to such organization unit. The rules shall contain provisions relating to the payment to an employee of accrued annual leave when an employee's services with the City are terminated under such conditions as make, in accordance with the rules, the employee eligible for payment of accrued annual leave. When an employee is transferred from a position under one appointing authority to a position under another, his accumulated unused sick leave shall be transferred with him. [As amended by Act 275 of 1944.] SECTION 31 Verification of Claim for Payment. It shall be unlawful for any fiscal officer to draw, sign or issue, or to authorize the drawing, signing, or issuing of, any order or warrant on the Treasurer or other disbursing officer for the payment of, or for any office of employee to pay, any compensation or pay to any employee in the service, unless a payroll or account for such compensation or pay, containing the name, title, period for which payment is proposed, rate of pay, and amount of payment proposed, is first presented to such fiscal officer authorized to verify claims and approve them for payment and is examined and verified by him or under his authority. Such examination and verification shall be for the purpose of establishing the facts that each person named on each such payroll or account has been lawfully appointed hereunder to a duly authorized and duly created position, and was actually employed on the duties of such position, or was on authorized leave of absence therefrom with pay, under the title, at the rate, and for the full period, for which payment is proposed, and is entitled to payment in the amount proposed. Such examination and verification shall extend, in connection with each person proposed to be paid as an employee in any position, among other things provided under other provisions of law to: (a) The fact of lawful creation of the position, as evidenced by the pro- vision of law or appropriation under which the position was created, and a certificate by or for the appointing authority of the actual creation of the position. (b) The fact of allocation hereunder of the position to the class indicated by the title under which payment is proposed to be made, as evidenecd by a certificate by the Director or under his authority. (c) The fact of lawful appointment of the person named to the position, under the provisions of this Act, as evidenced by a certificate by or for the appointing authority approved by the Director or under his authority. (d) The fact of continuance of authorized employment in such position, of the person named, as evidenced by the absence of any certificate by or for the Director showing termination of such employment or of the authority therefor, or change therein. 707 Vol. IV : ſº Legal Materials (e) The correctness of the rate at which payment is proposed to be made, as evidenced by a certificate by or for the appointing authority approved by the Director or under his authority, fixing such rate. (f) The fact of the actual rendering of service in the position by the person named, or his absence from duty with pay on duly authorized leave, or both, to an extent supporting and justifying the full amount of payment claimed, as evidenced by reports and certificates by or for the appointing authority as to the actual hours of attendance on duty and absence from duty and authorized leaves of absence with pay. If the Director in any case shall find that any person has been appointed, transferred, reinstated, continued, or otherwise employed in a position in violation of any provision of this Act or of the rules adopted thereunder, he shall so notify the Controller or other fiscal officer, and thereafter such officer shall not draw, sign, or issue, or authorize the drawing, signing or issuing of, any warrant on the Treasurer of other disbursing officer for the payment of, and no officer shall pay, any compensation or pay to any such person. The Controller or other fiscal officer responsible for the examination and verification of claims may make such further inquiries or investigations and may demand such further information or certificates as he may deem necessary, to establish the facts required for authorization of payment in any case. Remedies in Cases of Denial of Payment and Unauthorized Payment. Any employee appointed and employed in accordance with this Act, and the rules made in pursuance thereof, and entitled to payment therefor, may maintain a proceding by mandamus to compel such certification of facts as may be neces- sary to support his claim, and to compel payment thereof. Any person appointed or employed contrary to the provisions of this Act, and the rules thereunder, whose payroll or account is refused certification or payment, shall have the right to recover from the officer or officers knowingly and wilfully appointing or employing, or attempting to appoint or employ him, for the amount due by reason of such employment or purported employment, and the costs of such action. No officer or officers of the City during the time of his or their official service or thereafter, shall be reimbursed by the City for any sum so paid or recovered in any such action. Any sums paid contrary to the provisions of this Act, may be recovered from any officer or officers making such appointment or continuing such employment in contravention of the provisions of this Act, and of the rules made in pursuance thereof, or any officer signing or counter- signing, or authorizing the signing or countersigning of, any order or warrant for payment or making payment therefor, or from the sureties of any such officer of their official bonds, in an action maintained by any taxpayer for the use and benefit of the City in any court of competent jurisdiction. It shall be the duty of the city attorney to institute such proceedings immediately, when facts justifying such action are brought to his attention. Interpretation of Appropriations and Statutes Relative to Pay. In the rendering of certificates and approvals by or for the Director and in the examination and verification of accounts by the Controller or other fiscal officer, the titles and rates of pay of any positions in the classified service covered by this Act, as set forth in any statute or appropriation now or hereafter provided by due authority of law, shall be construed as permissive only, authorizing the creation of positions such as might properly be designated by such titles and compensated at such rates of pay, but not as mandatory in requiring that such titles shall apply and that such rates of pay shall be paid irrespective of the true nature of the positions created under such authority and of whether or not such titles and rates are appropriate to the positions as actually constituted. The official title of any position shall be determined hereunder by its allocation to its appropriate class under the classification plan in effect, and in no other way. The actual rate and amounts to be paid for employment in any position shall be determined in accordance with the provisions of this Act, and in no other way. No person occupying any position under the provisions of this Act, shall be paid any amount of salary or other compensation, except as provided herein. 708 Vol. IV Acts of the Legislature º: SECTION 32 Layoffs. Whenever a position in the classified service is abolished or needs to be vacated because of stoppage of work from lack of funds or other cause, the employee of the class involved in the organization unit affected, with the lowest average service rating for the last three years of his service or for the entire period if less than three years, shall be laid off without pay. When service ratings are not available, such employee with the lowest value to the service as ascertained and determined by the Director by such means as he may deem most effective, shall be so laid off. The appointing authority shall give written notice to the Director of every proposed lay-off a reasonable time before the effective date thereof, and the Director shall make such orders relating thereto as he considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reem- ployment list. SECTION 33 Removals, Suspensions and Other Corrective or Disciplinary Action for Maintaining Standards of Service. When any employee in the classified service is unable or unwilling to perform the duties of his position in a satisfactory manner or has committed any act or acts to the prejudice of the service, or has omitteed to perform any act or acts that it was his duty to perform, or otherwise has become subject to disciplinary or other corrective action, it shall be the duty of the appointing authority to take such action as the circumstances may warrant to maintain the standards of effective service. Such action may extend to removal from the service, retirement under any provision of law applicable, reduction in pay to the next lower rate in the scale for the class, demotion to any position of a lower class that the employee is deemed by the appointing authority and the Director to be competent to fill, suspension without pay for a period or periods not exceeding in the aggregate sixty days in any continuous period of twelve months or reprimand or other such less drastic measure of discipline, as, in the judgment of the appointing authority, seems to be necessary and proper. Procedure in Disciplinary Cases: In every case of removal or reduction in pay of any employee in a competitive position in the classified service or of involuntary retirement or demotion of such an employee, the appointing authority shall furnish the employee and the Director a statement in writing of the reasons therefor. The Director shall notify the employee in writing at his last known address that he has a right to make such reply in writing as he may desire, and shall receive and consider any such reply and make such investigation of the facts as he may deem proper. The Director likewise may make investigation, of his own motion, of the case of any employee whose record of service seems to be unsatisfactory, or who is charged with the com- mission or omission of specific acts to the detriment of the service. He may make to the appointing authority such report and recommendations for action, on the basis of the facts ascertained, as he may deem appropriate. Where such action seems to be warranted by the facts, the Director, in the case of any employee in the classified service removed or involuntarily retired or demoted by action of any appointing authority, may authorize the transfer of the employee concerned to a position of the class previously occupied by him under another appointing authority with the consent of such authority, or place his name on the reemployment list for such class for certification to other appointing authorities. Upon written request of an employee and with the approval of the Director, such employee may be demoted, or be retired under any optional provision of law, without compliance with the requirements of this Section. SECTION 34 Appeals by Employees to the Commission. (a) Any regular employee in the classified service, subject to the provisions of this Act, or the rules made pursuant thereto, who deems that he or she has been removed, dismissed, retired, reduced in pay, demoted, subject to a second suspension of sixty (60) days or less without pay, or subject or any other disciplinary action set out in Section 33 of this Act, without just cause, may, within sixty (60) days of such action 709 Vol. IV ‘. ſº Legal Materials demand a hearing to determine the reasonableness of such action, and the Commission shall grant the employee a hearing within forty-five (45) days after receipt of such request. In the event such hearing is not held within the forty-five (45) day period herein specified, following receipt of request for such hearing, than the employee shall be forthwith reinstated in his or her position with full pay for lost time, but this shall not jeopardize the right of the Commission to finally determine the matter at a later date. After hearing and considering the evidence for and against such disciplinary action, the Commission shall approve or disapprove the action. In case of approval the disciplinary action shall be deemed final as ordered. In case of disapproval the Commission shall reinstate the employee under such conditions as it deems proper, and may order full pay for lost time. If the Commission finds that the disciplinary action was for religious or political reasons, then the employee shall forthwith be reinstated in his posi- tion and be reimbursed for any loss of pay occasioned by such disciplinary action. (b) The foregoing provisions of this section shall not apply to Temporary appointments as defined in Section 26, and employees during their working test period as defined and provided for in Section 25 of this Act. SECTION 35 Retirement System. The Director shall prepare and, upon approval by the Commission, shall submit to the Mayor recommendations concerning actuarially sound retirement and pension systems for persons holding positions in the classified service. SECTION 36 Oaths, Testimony, and the Production of Records. The Commission, each member of the Commission, and the Director shall have power to administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or hearing authorized by this Act. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investigation or hearing or who shall knowingly give false testimony therein shall be guilty of a mis- demeanor and subject to the penalties provided in Section 44 of this Act. In case of contumacy or refusal to obey a subpoena issued to any person, any District Court of the State of Louisiana within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found, or resides, or transacts business, upon application by the Commission, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, its member, agent or agency and to produce evidence, if so ordered, or there to give testimony touching the matter under consideration or in question; and any failure to obey such order of court may be punished by said court as a contempt thereof. SECTION 37 Refusal to Testify. If any officer or employee in the City service or any officer or employee of the State or political subdivision of the State shall wilfully refuse or fail to appear before any court or judge, or any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or if any such employee or officer having appeared shall refuse to testify or answer any question relating to the affairs or government of the City or the conduct of any City officer or employee on the ground that his testimony or answers would tend to incriminate him, or shall refuse to waive immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, he shall forfeit his position and shall not be eligible for appointment to any position in the classified service of the City for a period of two years. SECTION 38 Duty to Furnish Facilities. All officers and employees of the City shall allow the Department the reasonable use of public buildings under their control, and furnish heat, light and furniture, for any examination, hearing, or in- vestigation authorized by this Act. 710 Vol. IV Acts of the Legislature º: SECTION 39 Duties of City Officers and Employees. (a) Each appointing officer shall report to the Director forthwith in writing upon any appointment or employ- ment in the service, the name of the appointee, or employee, the title and character of his office or employment, the date of commencement of service by virtue thereof, and the salary or compensation thereof, and shall report from time to time upon the date of the official action on, or knowledge of, any separ- ation of a person from the service or any promotion, reduction, suspension, transfer, reinstatement or other change therein, the efficiency of his subordinates and employees, and other information, in such manner as may be prescribed by the Director and the rules and regulations adopted by the Commission. (b) All officers and employees of the City shall comply with, and aid in all proper ways in carrying out the provisions of this Act and the rules, regu- lations and orders thereunder. All officers and employees shall furnish any records or information which the Director or the Commission may request for any purpose of this Act. (c) Any City officer or employee who shall fail to comply with any provision of this Act or of any rule, regulation or order thereunder shall be subject to all penalties and remedies provided in this Act and such other penalties and remedies as are now or hereafter provided by law for the failure of a public officer or employee to do an act required of him by law. The Director may maintain such action or proceedings as he considers necessary or appropriate to secure compliance with this Act and the rules, regulations and orders thereunder. SECTION 40 Records of the Department. The records of the Department, except such records as the rules may require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the Director. SECTION 41 Political Activities Prohibited. (a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to em- ployment in the classified service because of his political or religious opinions or affiliations. (b) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service. (c) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appoint- ment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. (d) No employee in the classified service, and no member of the Com- mission shall, directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription, or contribution. No person shall solicit any such assessment, subscription or contribution of any employee in the classified service. (e) No person elected to public office shall, during the term for which he was elected, be appointed to any position on the classified service. (f) The Civil Service Commission may upon its own initiative, and shall upon the filing of written charges by any appointing authority, employee in the City service, citizen or taxpayer, investigate any charges that the provisions of this Section have been violated by any person in the City Service. Within thirty (30) days after the filing of charges as herein provided, the Commission shall hold a public hearing concerning the charges. If the Commission shall determine that the charges are true or, on the basis of additional evidence which 711 Vol. IV ſº- Legal Materials may be introduced at the hearing, shall determine that the person or persons under inquiry have violated any of the provisions of this Section, the Com- mission shall direct the offending person or persons to be dismissed from the City Service. Such offender shall be subject to the penalties provided in Section 44 of this Act and in addition shall not again be eligible for employment or public office in the City Service for a period of two years from the time of dismissal. [As amended by Act 275 of 1944.] SECTION 42 Unlawful Act Prohibited. (a) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this Act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this Act and the rules. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service. (c) No employee of the Department, examiner, or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certifi- cation or appointment under this Act, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. SECTION 43 Legal Services. If this Act or its enforcement by the Director or the Commission shall be called into question in any judicial proceeding or if any person shall fail or refuse to comply with the lawful orders or direction of the Commission, such Commission or the Director may call upon the City Attorney or may, with the advice and consent of the governing authority through the Mayor, employ independent counsel to represent it in sustaining this Act and the enforcement thereof and such independent counsel shall be paid as other employees of the Department are paid. SECTION 44 Penalties. (a) Any person who wilfully violates any provisions of this Act or of the rules shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than One Hundred ($100.00) Dollars, nor more than Ten Thousand ($10,000.00) Dollars, or by imprisonment for a term of not less than one (1) month nor more than twenty-four (24) months, or by both such fine and such imprisonment. (b) Any person who is convicted of a misdemeanor under this Act shall, for a period of two (2) years, be ineligible for appointment to or employment in a position in the City Service, and if he is an officer or employee of the City other than an elected official or one in the unclassified service, shall forfeit his office or position. Section 45. Federal Funds and Assistance. Wherever the provisions of any law of the United States, or of any rule, order or regulation of any Federal Agency or authority, providing or administer- ing Federal funds for use in Louisiana, either directly or indirectly or as a grant-in-aid, or to be matched or otherwise, impose other or higher, civil service merit standards or different classifications than are required by the provisions of this Act, then the provisions of such laws, classification, rules or regulations of the United States or any Federal Agency may be adopted by the Commission as rules and regulations of the Commission and shall when so adopted govern the class of employment and employees affected thereby, anything in this Act to the contrary notwithstanding. [As amended by Act 275 of 1944.] SECTION 46 Separability. If any provision of this Act or of any rule, regulation or order thereunder or the application of such provision to any person or circumstance 712 vol. iv. Acts of the Legislature º: shall be held invalid, the remainder of this Act, and the application of such provision to this Act or of such rule, regulation or order to persons or circum- stances other than those as to which it is held invalid shall not be affected thereby. SECTION 47 Effective Date. This Act shall become effective on the 1st day of July, 1942. Section 48. Repealing Clause. All laws or parts of laws in conflict or inconsistent herewith, and the pro- visions of any law, local, special, or general, and of any municipal charter or ordinance, whatever, relative to Civil Service, be, and the same are hereby repealed, as of the first day of July, 1942. The provisions of any Act of the Legislature hereafter adopted which bear on any part of the subject matter embraced within the terms of this Act shall have no application to the provisions of this Act or to the Department of City Civil Service, its Director, officers and employees unless by its terms the provisions of such other Act are expressly made applicable to the subject matters embraced in this Act and to the Department of City Civil Service, its Director, officers or employees and then only to the extent that it is so made expressly applicable. [As amended by Act 275 of 1944]. ACT IT2 OF 1940 (State Civil Service Law) To create and establish a Classified Civil Service, based upon the merit system of personnel administration, to administer, control and regulate employment in the service of the State of Louisiana; to create and establish a State Department of Civil Service, a Director of Personnel in said Department, and a State Civil Service Commission; to prescribe the method of selection, appointment and removal of said Director and members of said Commission; to define and prescribe the duties, powers and authority of said Commission, said Director, and other agencies of said State; to define the Classified Service and the Unclassified Service; to regulate and control employees in the Classified and Unclassified Service, and the method of employing certain personnel by the State of Louisiana, its departments and agencies; to provide, and to authorize the establishment of, rules for personnel ad- ministration in the State Service; to require the classifying of, and to provide pay plans for, positions in the State Service; to require the verification of payrolls; to prescribe the method of recruitment for filling positions in the classified service; to determine the status of existing employees; to provide for reduction or increase in personnel and for regulations for the transfer, promotion, demotion, lay-off, dismissal, suspension, reduction in pay, or retirement of employees in the Classified Service; to provide for certain preferential rights to persons honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service, and the widows of such persons; to provide for appeals to the Civil Service Commission by employees who deem themselves ag- grieved by any removal, dismissal, retirement, reduction in compensation, demotion or suspension; to provide for investigations, training programs and other procedures for improving the efficiency of the State governmental departments and agencies; to prohibit corrupt practices in the Classified Service; to provide for the keeping of permanent records by the Depart- ment, and for the public inspection thereof; to prohibit political activities by employees in the Classified Service; to provide for the production of evidence and attendance of witnesses at hearings or investigations held by the Civil Service Commission, the Director or any agency thereof; to authorize and require an appropriation for, and to regulate the payment of, the expenses of said State Department of Civil Service; to provide penalties for the violation of this Act and of the rules adopted pursuant thereto; and to repeal all laws and parts of laws inconsistent with provisions hereof and 713 Vol. IV fl. Legal Materials especially and specifically Act No. 22 of the Second Extraordinary Session of 1934, as amended by Act 31 of the Third Extraordinary Session of 1934 and Act 25 of the Third Extraordinary Session of 1935 of the State of Louisiana. Be it enacted by the Legislature of Louisiana: Section 1. Purpose. The purpose of this Act is to guarantee to all citizens a fair and equal opportunity for public service, irrespective of religious, political or factional consideratic ns; to establish for the State of Louisiana a system of personnel administration based on merit principles and scientific methods, governing the appointment, promotion, transfer, lay-off, removal and dis- cipline of its officers and employees, and other incidents of State employment. Except as hereinafter speified, all appointments and promotions to positions in the State service shall be made on the basis of merit and fitness, to be ascertained by competitive examinations. Section 2. Short Title. This Act shall be known and may be cited as the State Civil Service Law. Section 3. Definitions. The following words and phrases when used in this Act shall have the following meaning, unless the context clearly requires other- WISE : 1. “Allocation” means the official determination of the class to which a position in the classified service shall be deemed to pertain, as provided in this Act. 2. “Appointing Authority” means any officer, board, agency, corporation, commission, person or group of persons having the power to make appointments to positions in the State service. 3. “Appointment” means the designation of a person, by due authority, to become an employee in a position and his induction into employment in such position. 4. “Class” or “class of positions” means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsobilities, and consequent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. 5. “Classification plan” means all the classes of position established under the provisions of this Act for the classified service. 6. “Classified Service” means all offices and positions of trust or employ- ment in the State service, except those placed in the unclassified service by this Act. 7. “Commission” means the State Civil Service Commission. 8. “Competitive position” means any position in the classified service that is subject to the requirements of this Act relating to appointment on the basis of competitive tests of fitness, and applies to every position in the classified service that is not expressly excepted or included among the positions in the unclassified service. 9. “Demotion” means a change of an employee in the classified service from a position of one class to a position of another class for which a lower maximum rate of pay is prescribed. 10. “Department” means the Department of State Civil Service, including both the Commission and the Director. 11. “Director” means the State Director of Personnel. 12. “Division” or “Division of the Service” or “Agency” means a State department or any division or branch thereof, or any agency of the State government, or branch of the State service, or any corporation organized for public purposes, of which Fifty Per Cent (50%) or more of the stock thereof is owned or controlled by the State of Louisiana, all the positions in which are under the same appointing authority. 13. “Eligible” means a person whose name is on a list. 14. “Employee” means a person legally occupying a position. 714 Vol. IV Acts of the Legislature º; 15. “Employment list” means an original entrance employment list, a pro- motion list, or a reemployment list. 16. “Entrance test” means a test for position in a particular class, admis- sion to which is not limited to persons employed in the State service. 17. “List” means an employment list, an original entrance employment list, a promotion employment list, or a reemployment list. 18. “Organization unit” means any administrative agency or part thereof, that is designated by rule or regulation hereunder as a unit for purposes of administration of this Act. 19. “Original entrance employment list” means an employment list for a class resulting from tests of fitness open to all applicants who meet the pre- scribed requirements for admission to the tests, regardless of prior employment in the classified service. 20. “Pay” means salary, wages, fees allowances, and all other forms of valuable consideration, or the amount of any one or more of them, earned by or paid to any employee, by reason of service rendered in any position, but does not include any allowances for expenses authorized and incurred as in- cidents to employment. 21. “Pay plan” means all the scales of rates of compensation prescribed under the provisions of this Act, for classes of positions in the classified service. 22. “Promotion” means a change of an employee in the classified service from a position of one class to a position of another class fer which a higher maximum rate of pay is provided in the pay plan. 23. “Promotion employment list” or “promotion list” means an employ- ment list for a class resulting from tests of fitness limited to applicants who are employees of lower classes in the classified service. 24. “Promotion test” means a test for positions in a particular class, admission to which is limited to employees in the classified service who have held a position in another class. 25. “Public hearing” means a hearing held after public notice of at least five (5) days, at which any person may have a reasonable opportunity to be heard, in accordance with such rules and regulations as may be adopted by the Commission. 4.33 26. “Reemployment list” means an employment list for a class consisting of a list of names of persons who have previously occupied position allocated to that class, and who have been found to be entitled to certification for re- appointment to positions of such class under the provisions of this Act. 27. “Regular employee” means an employee who has been appointed to a position in the classified service in accordance with this Act after completing his working period. 28. “State Service” or “Civil Service of the State” means all offices and positions of trust or employment in the employ of the State, or any department, independent agency or agency, board or commission thereof (including Dock Boards and all Boards of Commissioners, Levee and Drainage Boards and Com- missions and State Hospitals) or corporation organized for public purposes, of which Fifty Per Cent. (50%) or more of the stock thereof is owned or controlled by the State of Louisiana, including persons employed by the State or joint Federal and State agencies administering State and Federal relief and other funds, other than the military and naval service, irrespective of whether the pay for such offices and positions of trust or employment be paid out of the State Treasury, either in whole or in part, except those hereinafter excepted by the provisions of this Act. 29. “Temporary appointment” means an appointment for a limited period of service without acquisition by the appointee of any continuing right to be retained as an employee beyond such period. 30. “Position” means any office and any employment, in the service of the State, or two or more of them, the duties of which call for services to be rendered by one person, including positions jointly employed by Federal and State agencies administering Federal and State relief funds. 715 Vol. IV §: Legal Materials Section 4. Department of State Civil Service. (a) There is hereby created and established in the State government a Department of State Civil Service, the administrative head of which shall be the State Director of Personnel to be appointed as hereinafter provided. (b) In the Department there shall be a State Civil Service Commission, composed of five (5) members, with the powers and duties hereinafter enumerated. (c) Adequate annual appropriations shall be made to enable the Depart- ment to carry out effectively the provisions of this Act. (d) The domicile of the Department shall be at the State Capitol in the City of Baton Rouge, at which place suitable offices and quarters shall be provided as hereinafter directed. Section 5. Civil Service Commission. (a) There is hereby created and established a State Civil Service Commission, to be composed of five (5) citizens who are qualified voters of the State of Louisiana who shall be in sympathy with the application of merit principles to public employment. No member of the Commission shall be a candidate for nomination or election to any public office or hold any other public office or position of public employment whatsoever, the office of Notary Public or a military or naval office excepted, nor shall any member of the Commission be or have been, during a period of six months immediately preceding his appointment, a member of any local, state, or national committee of a political party, or an officer or member of a committee in any fractional or political club or organization. (b) The members of the Commission shall be appointed by the Governor within forty-five (45) days after the effective date of this section of this Act; one of such commissioners shall be appointed from three (3) persons nominated by the President of Louisiana State University and Agricultural and Mechanical College; one of the commissioners shall be appointed from three (3) persons nominated by the President of Loyola University of the South; one of such commissioners shall be appointed from three (3) persons nominated by the President of Centenary College at Shreveport, Louisiana; one of such com- missioners shall be appointed from three (3) persons nominated by the President of Tulane University of Louisiana; and one of such commissioners shall be appointed from three (3) persons nominated by the President of Louisiana College, at Pineville, Louisiana. One of the Commissioners so ap- pointed shall serve for two (2) years, two for four (4) years, and two for six (6) years. The respective terms of the first appointees under the provisions of this Act shall be designated in the discretion of the Governor. At the expiration of their respective terms of office, the successors to such original appointees shall be appointed by the Governor, within thirty (30) days after nominations have been submitted to him, in the same manner as the predecessor appointee was selected. The term of office of each such successor appointee shall be six (6) years. The Governor shall fill any vacancy occurring in said Commission for the unexpired term by appointment, within thirty (30) days after nomi- nations have been submitted to him, in the same manner as the predecessor ap- pointee was selected. Each commissioner shall serve until his successor has been appointed and qualified. Each commisioner shall take the oath of office before entering upon the duties of office, and such oath shall include a statement of belief in and desire to support the principles of the merit system. It shall be the duty of each of the Presidents of the educational institutions hereinabove named to make the nominations described above in the first instance within thirty (30) days after the effective date of this Act, and thereafter within thirty (30) days from the receipt of notice from any person of the occurrence of any vacancy (whether such vacancy result from the expiration of the term of a Commissioner or in any other manner) on the Commission, appointment with respect to which is to be made from nominees supplied by such President. Should the Governor fail to appoint the original commissioners, or fail to appoint their successors as herein provided for within the time herein specified, the first named nominee on each applicable list of nominations submitted shall automatically become a commissioner, with all of the right and title to said office as if appointed by the Governor in the manner herein provided. - 716 Vol. IV Acts of the Legislature º (c) A member of the Commission shall be removable only for cause by the Governor upon recommendation of a committee composed of the Governor, the Chief Justice of the State, and the President pro tempore of the Senate, after being given a copy of charges against him and an opportunity to be heard publicly on such charges. A copy of the charges and a transcript of the record of the hearing shall be filed with the Secretary of State. (d) Members of the Commission shall each be paid twenty-five dollars for each day devoted to the work of the Commission, but not more than two thousand dollars each in any year. They also shall be entitled to reimbursement for necessary traveling and other expenses. (e) The Commission annually shall elect one of its members chairman. It shall maintain its principal office in the City of Baton Rouge in such space as shall be provided for it by the proper state officials, and shall maintain its records at said principal office and shall hold its regular meetings there, unless in the discretion of the chairman it is necessary or convenient to meet in some other city, in the performance of the duties of the Commission. At least one regular meeting shall be held in each month, except in the month of July and August. Special meetings may be held at such times and places as shall be specified by call of the chairman or Governor. Notice of the time and place of all meetings shall be given in writing to each member by the Director. Meetings of the Commission shall be open to the public, and three (3) members shall constitute a quorum for the transaction of business. The Director shall act as secretary of the Commission, and shall keep adequate records and minutes of its business and official actions. It shall be the duty of the officer or officers charged by law with the custody of the State buildings to assign suitable office space to the Commission for executing the duties charged to it and to the Director. Section 6. Duties of the Commission. In addition to the duties imposed upon it elsewhere in this Act it shall be the duty of the Commission: (1) To represent the public interest in the improvement of personnel administration in the State service. (2) To advise the Governor and the Director on problems concerning personnel administration. (3) To advise and assist the Director in fostering the interest of institu- tions of learning, civic, professional and employee organizations in the im- provement of personnel standards in the State service. (4) To make, either at the direction of the Governor or upon the petition of any citizen for just cause, or upon its own motion, any investigation con- cerning the administration of personnel in the State service, and to review and modify, or set aside, any action by the Department which the Commission may determine to be desirable or necessary in the public interest. (5) To make and publish annual reports, and such special reports as it considers desirable, to the Governor, regarding personnel administration in the State service and recommendations for improvement therein. (6) To conduct hearings and pass upon complaints by or against any officer or employee in the classified service for the purpose of demotion, reduction in pay or position, suspension or dismissal of such officer or employee, in accord- ance with the provisions of this Act. (7) To make, alter, amend and promulgate rules. (8) To hear and pass upon such other matters as the State Director of personnel may from time to time bring before the Commission for determina- tion, and to perform all the duties with reference to that position that are assigned to the director in relation to all other positions in the classified service. (9) To select and appoint commissioners as provided in the City Civil Service Law and make such other nominations or appointments and perform such other duties as may now or hereafter be required by law. Section 7. Appointment of the Director. (a) The position of Director of Personnel is hereby created and established. The Director shall be in the classified service and shall be a person who has had experience in the field of personnel administration and is familiar with its principles and methods, and 717 Vol. IV ſ. Legal Materials who is in sympathy with the application of merit principles and scientific methods of public employment. He shall receive an annual salary which shall be fixed in accordance with the pay plan adopted under Section 16 of this Act. He shall neither hold nor become a candidate or applicant for any other public office, or position of trust or public employment whatsoever. (b) Within thirty (30) days after the first members of the Commission have been appointed and qualified, and thereafter within thirty (30) days after a vacancy occurs in the office of Director, which cannot be filled from an exist- ing list pursuant to this section, the Commission shall appoint a special Examin- ing Committee of three (3) persons to examine the qualifications of all persons applying for appointment to the office of Director. The members of such Com- mittee shall be persons who have knowledge of and are in sympathy with the principals of the merit system in public personnel administration. The members of such Committee may, but need not necessary, be either citizens or residents of the State of Louisiana. Any two (2) members shall constitute a quorum. The Committee shall have the same powers and duties with respect to the conduct of the test and establishment of the Employment List for the position of Director as are vested in or imposed upon the Director under the provisions of this Act with respect to other positions in the classified service. (c) As soon as practicable after its appointment, and in no event more than six months thereafter, the Examinating Committee shall hold a competi- tive test, adequate and designed to determine whether applicants possess the necessary qualifications, in accordance with the provisions of this Act and examine applicants for the position of Director, and shall certify to the Com- mission the names of the three (3) persons rated highestest in the competitive test and found by the Committee to possess the necessary qualifications for the office of Director, arranged in descending order, with the name of the person considered best qualified listed first. Persons so certified may, but need not, be either citizens or residents of the State of Louisiana. The Commission shall then appoint one of the persons so certified to the office of State Director of Personnel. No person who has not been examined and certified by an examin- ing Committee, as herein provided for, shall be appointed to the office of Direc- tor. Every employment list for Director shall expire one (1) year after it is established. The Commission shall fix the compensation and shall authorize the payment of actual necessary expenses of members of the Examining Committee provided for in this section. (d) The Director shall be in the classified service and shall be subject to removal by the Commission only for cause set forth in written charges and after public hearing by the Commission, to be held in accordance with rules to be adopted by the Commission. Section 8. Duties of the Director. (a) The Director shall be the executive and administrative head of the Department of State Civil Service and shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon him elsewhere in this Act, it shall be his duty: (1) To attend all meetings of the Commission and to act as its secretary and keep minutes of its proceedings. (2) To establish and maintain a roster of all employees in the State service, in which there shall be set forth, as to each employee, the class title of the position held; the salary or pay; any change in class title, pay or status; and any other necessary data. (3) To appoint, by, and with the consent of the Commission, under the provisions of this Act, such employees of the Department, and such experts and special assistants as may be necessary to carry out effectively the provisions of this Act. (4) To develop, in cooperation with appointing authorities and others, training and educational programs for employees in the State Service. (5) To investigate, from time to time, the operation and effect of this Act, and of the rules, and to report his findings and recommendations to the Commission and to the Governor. (6) To make and publish annual reports regarding the work of the Depart- ment, and such special reports as he considers desirable, to the commission and to the Governor. 718 Vol. IV Acts of the Legislature *::: (7) To perform any other acts and functions which he may consider necessary or desirable to carry out the purposes of this Act, or which he may be directed to perform by the Commission. (b) The Director may designate an employee of the Department to act as his deputy. In case of the absence of the Director or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy. (c) The Director may select officers or employees in the State Service to act as examiners in the preparation and rating of tests. An appointing authority shall excuse any employee in his division from his regular duties for the time required for his work as an examiner. Officers and employees shall not be entitled to extra pay for their service as examiners, but shall be entitled to reimbursement for necessary traveling and other expenses. (d) The Director may, for the purpose of assisting in the examination of candidates for positions of high responsibility and positions requiring unusual qualities or qualifications, retain the services of persons from within or without the State who, because of their experience or for other reasons, have special acquaintance with the qualities or qualifications requisite for such positions. Section 9. Rules. (a) The Director shall recommend to the Commission such rules as he may consider necessary or desirable to carry out the pro- visions of this Act, and may, from time to time, recommend amendments or additions thereto. When such rules or amendments are recommended by the Director, the Commission shall hold a public hearing thereon, and shall have power to approve, alter, amend, or reject the recommendations of the Director, wholly or in part, or to modify them and approve them as so modified. The first rules hereunder shall be recommended by the Director within six (6) months after his appointment. The Commission shall have power to propose and adopt new rules or amendments or additions to the rules on its own initiative. (b) Rules adopted under this Section shall have the force and effect of law. Among other things, and without in any wise restricting the scope of the rule- making authority of the Commission, such rules shall provide for the method of administering the classification plan and the pay plan; the establishment, maintenance, consolidation and cancellation of lists; the application of service ratings; the hours of work, attendance regulations, vacation and leaves of absence for employees in the classified service; and the order and manner in which law-offs shall be effected. Such rules may include any provisions relating to State employment which may be necessary or appropriate to give effect to the provisions and purposes of this Act. (c) The powers herein conferred upon the Director shall be subject only to the provisions of this Act, and of the rules adopted hereunder, and may be exercised by regulation or by order as the Director sees fit. His powers and duties shall not be limited or restricted by the authorization to adopt rules, except to the extent that rules are adopted hereunder. Section 10. Unclassified and classified Service. (a) The unclassified service shall comprise the positions of: (1) Officers elected by popular vote and persons appointed to fill va- cancies in elective offices. (2) Officers and employees of both houses of the Legislature. (3) Officers, secretaries and employees of the offices of the Governor, the Attorney-General, and of the Crime Commission. (4) Members of boards and commissions, State officials and heads of departments appointed by the Governor. (5) One principal assistant or deputy and one private secretary for each board or commission or head of a department appointed by the Governor, except the Commission. (6) Special Counsel, special prosecutors, regular and special, assistants appointed by the Attorney General, and one member of the Louisiana Bar occupying a position in the State service as legal counsel to any appointing authority. 719 Vol. IV fl. Legal Materials (7) Superintendents of education, officers and members of the teaching staffs of State universities, state colleges, public schools and other state institutions of learning, and student employees of such institution. (8) Members of the military or naval forces when entering or while engaged in the military or naval service. ... (9) Notaries public, judges, referees, receivers, jurors, and any persons ap- pointed by any court which exercises judicial functions, except referees and probation officers appointed by the juvenile court of any parish. (10) Election officials, Registrars of Voters, and one Chief Deputy for each such Registrar. (11) Patient or inmate help in State charitable, penal and correctional institutions. (12) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Legislature or a committee thereof, and by authority of the Governor; and such persons employed by or on behalf of any other agency of the State; provided in this last instance inclusion of such persons in the unclassified service is approved by the Director. (13) Persons retained or employed by the Director for the purpose of conducting or assisting in the examinations under (d) of Section 8. (14) All employees and deputies selected by Sheriffs, School Boards, Clerks of Court, Assessors and Police Juries. (b) The classified service shall comprise all other officers and positions of employment now existing or hereafter created in the State Service. Section 11. Status of Employees at the Time of Taking Effect of This Act. Every person who, on the first day of July, 1942, is legally occupying by permanent appointment thereto, a position placed by this Act in the classi- fied service, shall, within thirty (30) days thereafter, be given non-competitive tests to be prescribed by the Director, to determine their fitness to perform satisfactorily the duties of their positions. The Director shall certify whether each employee so tested has met a reasonable standard of fitness, qualifying him to retain his position. Each person who is so certified to be so qualified, shall be deemed thereafter to be a regular employee. Persons who are certified not to be qualified, shall be dismissed from their positions within thirty (30) days after the establishment of a list of eligibles for their respective positions, in accordance with the provisions of this Act. The Director may, however, authorize the employment of any person who has been given a non-competitive test in another position of a lower rank in the classification plan for which he is found to be qualified, and if he is so employed, he shall thereafter be deemed to be a regular employee; provided, however, that this Sction shall not apply to persons employed by State or joint Federal and State agencies ad- ministering State and Federal relief or other funds, subject to any form of Federal control and supervision. Such employees shall be subject to rules, classi- fications and regulations adopted from time to time by the Commission in accordance with the authority and provisions of Section 46 of this Act. Section 12. Classification Plan. The Director, as soon as practicable after this Act takes effect, shall cause to be prepared a classification plan which shall consist of classes, designated by standard titles, designed to provide for all positions in the classified service. He shall from time to time review the duties and responsibilities to the positions in the classified service and may add, combine, divide, or abolish classes, or revise the titles of existing classes. The classification plan so provided and any changes therein shall become effective when adopted hereunder as rules or amendments thereto. The Director, subject to the rules, shall provide, and may amend from time to time, a written definition for each class, describing the nature of the duties and responsibilities characteristic of positions properly pertaining to the class, with illustrative examples where desirable, and setting forth the minimum qualifications deemed to be requisite for entrance to positions of the class, together with the principal and natural lines of promotion. Such definitions shall be deemed to be descrip- tive only, and not restrictive. They shall be construed merely as defining the 720 Vol. IV Acts of the Legislature º several classes, and not as prescribing what the duties or qualification require- ments of any position shall be, or as limiting the right of any employee to compete for promotion. Section 13. Allocation of Positions to Classes. The Director, as soon as practicable after the adoption of a classification, hereunder, after consultation with the appointing authorities concerned, shall allocate each position in the classified service to its appropriate class, and thereafter shall allocate each new position in each service to its appropriate class, and may reallocate positions from class to class. In making such allocations he shall provide for uniform application of the classification plan to positions under different appointing authorities. Whenever the duties of a position are so changed that the position in effect becomes one of a different class from that to which it is allocated, such change shall operate to abolish the position and to a create a new position of such different class. Any employee affected by the allocation or reallocation of the position occupied by him at any time shall, upon his request, be given a reasonable opportunity to be heard thereon. Section 14. Use of Class Titles. The title of each class shall be the official title of every position allocated to the class, for all purposes having to do with the position as such, and shall be used to the exclusion of all others on all payrolls, budget estimates, and official records and reports, pertaining to the position, provided that any abbreviation or code symbol approved by the Director may be used to designate a position of a class, and provided further that any other title satisfactory to the appointing authority may be used in official correspondence and in any other connection not having to do with the personnel processes covered by this Act. No employee shall be appointed, employed, or paid under any title other than that of the class to which the position occupied by him is allocated. Section 15. Status of Incumbent of Position When Allocated. When any position is first allocated hereunder, or is reallocated to a different class to correct an error in its previous allocation, the employee in such position shall be entitled to continue to serve therein, with the status and all the rights and privileges he would have had under this Act if he had been originally appointed by competitive examination and certification hereunder to a position of the class to which such position has been allocated or reallocated, but such employee may be transferred or promoted without further tests of fitness or certification, to any position of the class to which the position previously was allocated while held by him, or his name may be placed on the re-employment list for such class; subject however to the provisions of Section 11 of this Act. Section 16. Pay Plan. (a) The Director, after consultation with the ap- pointing authorities concerned and resort to such other measures of investiga- tion and research as he may deem desirable, shall cause to be prepared and submit to the Commission for approval a pay plan for the classified service, comprising a scale of rates for each class. Each such scale of rates shall be determined with due regard to the scales of rates for other classes, and to the relative difficulty and responsibility of the characteristic duties of positions of the class, the minimum qualifications requisite therefor, the prevailing rates of pay for similar employments outside the service, economic considerations and any other factors that may properly be considered to have a bearing upon the fairness or adequacy of the rates of the pay plan. He shall also, from time to time, recommend such changes in the pay plan as changes in classes, or in economic conditions, or in other factors, may render desirable. Such pay plan and changes therein shall become effective for budget purposes when approved by the Governor and shall be given effect to the extent expressly approved by the Legislature or impliedly so approved by the making of appro- priations based on estimates and recommendations of the Governor in terms of the rates of such plan. (b) The scale of rates for any class shall consist of a minimum rate, a maximum rate, and one or more intermediate rates. Appointment to any position of a class shall be at the minimum rate, but where an employee is transferred, promoted, or demoted to a position, or a former employee is re- instated or re-employed in a position, his pay shall be fixed at the same rate 721 Vol. IV ſº Legal Materials as his last rate in his former position, if there be such a rate in the scale for the class of the new position and, if not, at the rate next higher than his former rate and, if there be no such higher rate, then at the maximum rate for the class. The pay of any employee may be increased from rate to rate within the scale for his class, up to and including the maximum rate of the scale, at any time after the expiration of one full year of meritorious service or three years of satisfactory service, as defined in the service rating plan or as determined by the Director in the absence of such a plan, at the next lower rate of the scale, subject to the limitations of appropriations provided. At no time shall increases in pay from one rate to the next higher rate within the scale for any class be made with respect to more than half of the employees of such class at the next lower rate in any one organization unit, in any con- tinuous period of twelve months, except where there is but one such employee at such rate and in such cases increases shall be made not oftener than once in two years. Nor with like exceptions shall increases be made that would place more than half of the employees of a class in the same organization unit together at the maximum rate of the scale for the class. The rate of pay of any employee may be decreased under the conditions and subject to the procedural requirements hereinafter prescribed in this Act. The pay of all positions in the classified service shall be determined with reference to the pay plan in effect and in accordance with the provisions of this Act; any provision of law or appropriation for any different salary rate or mode of payment for any position to the contrary notwithstanding, and no employee in such service shall be paid any compensation for service as such except in accordance with the rate fixed under the provisions of this Act, and the rules adopted under its provisions. But the rules may provide for the payment of casual laborers and workmen temporarily employed for particular projects on completion of which their services will not be needed further, at rates not exceeding the prevailing rates and not more than fifty per cent higher than those provided for continuous employment under such pay plan. (c) At the time of taking effect of a pay plan prescribed as herein provided, or any amendment thereto establishing or changing the scale of rates for any class, or any reallocation of a position under the provisions of this Act, the rates of employees in the positions of any class for which a scale of rates is so established or changed or reallocations made, shall be adjusted, within the limits of appropriations provided, as followed: (1) The rate of any employee who is paid at less than the minimum rate of the scale prescribed for his class shall forthwith be increased to such rate. (2) The rate of any employee who is paid at any one of the specified rates of the scale prescribed for his class shall not be changed by reason of the new scale. (3) The rate of any employee who is paid at a rate between the minimum rate and the maximum rate of the scale prescribed for his class, but not cor- responding with any specified rate of such scale, shall forthwith be adjusted to the next higher rate. (4) The rate of any employee who is paid at a rate in excess of the maximum rate of the scale prescribed for his class shall be reduced to such maximum. (d) The rates of pay prescribed in the pay plan provided under the requirements of this Act shall be deemed to be the rates prescribed for full- time employment for the regularly established working hours, in any period for which payment is to be made, subject to such provisons as may be made under any provision of law for holidays and leaves of absence with pay. When part-time service in any position is authorized or rendered, involving less than the regularly established number of hours of service in any period, the actual compensation to be paid shall be determined by the relation that the actual number of hours of service authorized and rendered bears to the number of hours of service involved in full-time employment. It shall be permissible to pay equivalent compensation on any other time basis than that expressed in the pay plan, when the interests of the service so require, but the rate of pay for the time unit employed shall be in the same ratio to the rate prescribed under the pay plan as the ratio of such time to the number of such units involved in full-time employment under the unit on which the prescribed rate 722 Vol. IV Acts of the Legislature *::: of the pay plan is based, except as otherwise expressly provided herein. In any case in which any allowance is provided in addition to cash salary, such as meals, lodging, living quarters, laundry, and the like, including maintenance provided for others on behalf of the employee, but not including reimburse- ment of actual and necessary expenses authorized and incurred as incidents to the employment, all such allowances shall be treated as compensation in kind, involving part payment of the amount payable under the rate prescribed, and shall be deducted from the money amount payable to the extent of their cash value, as appraised by the Director. Whenever part of the compensation or pay of any position is paid from a different appropriation, fund, or account, from that from which any other part of such compensation is paid, or is derived from any agency, outside the service of the State, all such part payments shall be deducted from the amount payable for any period under the rate prescribed to determine the actual cash payment due the employee in such position for such period, so that the total compensation or pay received from all sources shall not exceed the amount payable under the rate prescribed. In any case in which the compensation or pay received from outside sources shall exceed the amount payable under the rate prescribed under the provisions of this Act the employee concerned shall pay such excess into the State treasury to the credit of the general fund. No payment or allowance shall be made to any employee in respect of any service rendered by him either in the discharge of his ordinary duties, or in the performance of other duties imposed upon him or which he may undertake to perform, that will have the effect of causing his total compensation or pay for any period to exceed the amount authorized hereunder, as determined by the rate prescribed, except as may be expressly authorized under any provision made by due authority for payment for over- time work in excess of the hours required for full-time employment. Section 17. Methods of filling vacancies in the Classified Service. (a) Vacancies in positions in the classified service may be filled by demotion, transfer, reinstatement, reemployment, promotion, original appointment, or temporary appointment, in accordance with the provisions of this Act and the rules. Preference shall be given to the methods named in the order in which they are so named in this Section, under the conditions and subject to the restrictions and limitations set forth in the rules. (b) A vacancy shall be deemed to be filled under any of the methods specified, and employment thereunder to become effective, as of the date on which the employee enters on the duties of the position. Section 18. Reinstatement and Reemployment. The Director shall, sub- ject to the rules, establish and maintain reemployment list, which shall contain the names of persons who have been regular employees and who were separated from their positions for reasons other than fault or delinquency on their part. The order in which names shall be placed on reemployment lists shall be established by the rules. An employee who has been removed during his period of probation fol- lowing appointment from a promotion employment list shall be reinstated in the position from which he was promoted if a vacancy exist therein. Any person who has resigned from a competitive position, and has requested reinstatement to the position formerly occupied by him may, upon the request of the appoint- ing authority and with the prior approval of the Director, based upon the record of the employee for satisfactory service, be reinstated to such position within a period of two years from the date of separation, if a vacancy exists therein; provided that the rules may permit the reinstatement of an employee subsequent to two years of his resignation, where such employee has resigned for public service in another jurisdiction. In the absence of such vacancy, in either case, the name of the employee shall be placed on the reemployment list for the class of position previously occupied. The Director may place the name of any employee who has been removed during his period of probation on the reemployment list for the class of the position from which he was removed, for certification to any other appointing authority, if he deem such action to be in the interests of the service. When an employee in the classified service whose record of service is satisfactory has been on authorized leave of absence without pay from a position that has been filled in the meantime, is 723 yol. IV f. Legal Materials ready to return to duty, or has applied for reinstatement after resignation and no vacancy exists in the position previously occupied by him, the Director may place the name of the employee on the reemployment list for the class. The name of an employee demoted from a higher class to a lower one, when no vacancy exists in the lower class in which he can be placed, shall likewise be placed on the reemployment list for such lower class. The name of an employee whose position has been allocated or reallocated to a class of lower maximum pay than the pay he has been receiving may, while he continues to serve in the position of such lower class, be placed upon the reemployment list for any class with higher maximum pay the requirements for which he has met through tests of fitness and appointment from certificates or by previous allocation of a position held by him, under the provisions of this Act. The Director also may provide, as hereinafter provided, for the placing on the reemployment list for any class of the name of any employee removed from a position of such class. The order of names on any reemployment list shall be that of the value of the eligibles to the service as determined by their service ratings and other evidence satisfactory to the Director with reference to their previous service. Section 19. Establishment of Promotion Lists and Employment Lists. (a) The Director shall, subject to the rules, establish and maintain such promotion lists and employment lists for the various classes of positions in the classified service as he deems necessary or desirable to meet the needs of the service. On each promotion list and employment list, the eligibles shall be ranked in the order of their ratings earned in the test given for the purpose of establishing such list, subject, however, to such subsequent revision as may be made by the Director in accordance with the provisions of Section 29 hereof. (b) The Director shall, subject to the rules, determine at the time any promotion list or employment list is established the period during which such list shall remain in force, which shall be not less than six (6) months nor more than three (3) years. The Director may extend such period by order made before the expiration of the list, but no list shall be extended to a time more than three (3) years from the original establishment thereof, and a statement of the reasons for any extension shall be entered in the records of the Department. The Director may consolidate or cancel promotion lists and employment lists as the needs of the service may require and as authorized by the rules. Unless otherwise provided in the rules a promotion list or employ- ment list which has been in force for six (6) months or more shall be deemed cancelled upon the establishment of a new promotion list or employment list, as the case may be for the same class of position. Section 20. Nature of Tests; Eligibility for Tests. Tests of fitness for original entrance and for promotion shall be free, and open to all citizens who if over twenty-one (21) years of age are qualified voters of the State of Louisana who meet the prerequisites established for admission to the tests, as specified in the rules or in the public notices of the tests. Such prerequisites may relate to age, sex, residence, health, habits, physical characteristics, ex- perience, moral character, training, education and other qualifications, and in the case of promotion tests, to service in positions of classes for which lower maximum pay is prescribed involving experience tending to qualify for positions of the classes sought. Whenever, after diligent effort, it has been found impracticable to obtain a sufficient number of eligibles who are citizens and if over twenty-one (21) years of age are qualified voters of the State of Louisiana, for positions of any class, persons otherwise qualified who are not citizens may be admitted to the tests and may become eligible for appointment and be appointed to such position subject to all other provisions of this Act. The tests for positions of each class shall be practical in their character and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the candidates to discharge the duties of characteristic positions of the class to which they seek to be appointed with due reference also to ability to develop in such ways as to merit advancement to positions of higher classes. The tests may include written or oral questions, trials in the performance of work characteristic of the class, inquiries into facts relating to education or experience or accomplishments, and investigations of the records and success 724. Vol. IV Acts of the Legislature º: attained and of personal characteristics, or any combination of these and other elements duly related to the purposes of the tests. Promotion tests shall be based on the same standards of required qualifications as original entrance tests for the same classes, and the same degrees of excellence in the tests shall be required for eligibility. No question shall be so framed as to elicit information concerning the political, factional, or religious opinions or affiliations of an applicant. Section 21. Admission to Tests and Rejection of Applicants. The Director shall, subject to the rules, determine the qualifications for admission to any test. Subject to such limitations as to age and other requirements and qualifi- cations, as may be fixed by the rules in the interest of the service, admission to tests shall be open to all persons who appear to possess the required quali- fications and may be lawfully appointed to a position in the class for which a list is to be established. The Director, subject to the rules, may reject the application of any person for admission to tests of fitness or refuse to test any applicant, or may cancel the eligibility of any eligible on any employment list, who is found to lack any of the qualifications prescribed as requirements for admission to the tests for the class for which he has applied, or who is physically unfit to perform effectively the duties of a position of the class, or who is addicted to the habitual use of drugs or intoxicating liquors to excess, or who has been adjudged guilty of a crime involving moral turpitude or infamous or notoriously disgraceful conduct, or who has been dismissed from the public service for delinquency or misconduct, or who has made a false statement of any material fact or has practiced or attempted to practice deception or fraud in his application or in his tests or otherwise in securing eligibility for appoint- ment or attempting so to do. Any such facts shall also be considered cause for removal of any employee. The Director shall reject any application filed after the time fixed for closing receipt of applications as announced in the public notice of the tests, or after a specified number of applications, announced in the public notice of the tests, has been received. Section 22. Public Notice of Tests. (a) The Director shall give public notice of each entrance tests, at least two (2) weeks in advance of such test, by posting a notice thereof on the bulletin board maintained in or near the office of the Department at the State Capitol and by publishing a brief abstract of such notice in at least one (1) daily newspaper of general circulation in the State. He shall give public notice of each promotion test, at least two (2) weeks in advance of such test, by posting a notice thereof on such bulletin board and in such other manner as he considers appropriate to furnish infor- mation thereof to employees who are eligible for admission to such test. (b) Each official notice of a test shall state the duties and pay of positions in the class for which the test is to be held, the qualifications required therefor, the time, place and manner of making application for admission to such test, the estimated number of vacancies to be filled, and any other information which the Director considers pertinent and useful. (c) The Director may also advertise tests in professional and trade pub- lications, post notices thereof in schools and colleges, and employ any other method of publicizing tests which he considers appropriate. He may publish a periodic bulletin containing information about all tests to be sent to sub- scribers at a price approximately the cost of publication. Section 23. Results of Tests. The rating of each test shall be completed and the resulting list established not later than ninety (90) days after the date on which the test was held, unless such time is extended by the Director for reasons which he shall record in the official records of the Department. Each person competing in any test shall be given written notice of his final earned rating and of his relative standing on the list, or of his failure to attain a place on the list. Each person competing in a test shall, in accordance with regulations adopted by the Commission, be entitled to inspect his ratings and test papers. A manifest error in rating a test shall be corrected if called to the attention of the Director within one month after the establishment of the list, but such correction shall not invalidate any appointment previously made from such a list. From the results of the tests for any class, the director shall cause to be prepared an employment list for the class, with the names of those per- 725 Vol. IV #. Legal Materials sons who have met the minimum requirements imposed for each test and who have received at least the average rating required for eligibility, placed thereon in the order of such average ratings, from the highest to the lowest. Separate lists shall be established of eligibles resulting from tests for original entrance and those from tests for promotion. Section 24. Appointment to Position of Persons Certified from Lists. Certi- fication for appointment. (a) Whenever an appointing authority proposes to fill a vacancy in the classified service, except by demontion, transfer, or reinstatement, he shall sub- mit to the Director a statement showing the position to be filled, the class and the duties thereof, and he may also specify the necessary and desirable qualifi- cations of the person to be appointed thereto, and shall request the Director to certify the names of persons eligible for appointment to such position. The Director shall, subject to the rules, thereupon certify to the appointing au- thority the names of three (3) eligibles for such position of the class of the vacant position, and if more than one vacancy is to be filled the name of one additional eligible for each additional vacancy provided that preferences in certifications shall be given to eligibles who are residents of the State of Loui- siana and provided further that for filling vacancies in positions under any levee board, drainage board, board of Commissioners of any port, or other officer or board of any local government or political subdivision of the State, the employees of which are not excepted in Section 10 from the provisions of this Act, preference in certification shall be given to eligibles who are residents and if over twenty-one (21) years of age are qualified voters of the area under the jurisdiction of such officers, local government, or political subdivision, but in any case where there are not enough eligibles who are such residents, other eligi- bles who are non-residents of such area may be certified. Except as above pro- vided, the eligibles certified shall be the highest ranking eligibles willing to accept employment, ranked in the following order: first, all eligibles on the appropriate reemployment list, if any; secondly, those on a promotion list, if any; lastly, those on an employment list. All the names of any one of such lists shall be exhausted before any names are certified from another list, but the names certified may be taken from two or more lists, if necessary to make a certifi- cation of three eligibles. Names shall be certified from each list in the order of their rank on that list. Within ten (10) days after such names are certified, the appointing authority shall appoint one of those whose names are certified to each vacancy which he is to fill. In each case of acceptance, of an appoint- ment, such appointment shall become effective as of the date on which the appointee enters upon duty. (b) If the appropriate lists do not contain the names of a sufficient number of eligibles willing to accept appointment to make possible the certification of three (3) eligible persons as provided for hereunder, the names of all persons on such lists who are willing to accept appointment shall be certified, even if there should then be less than three persons available. (c) The names of persons who have been considered for certification three times and who have expressed unwillingness to accept appointment may, in the discrtion of the Director, be removed from a list. (d) Anything in this Act to the contrary, preference shall be given, in the manner hereinafter set forth in this Section, to all persons honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service, and the widows of such persons. (e) Age limits, in so far as such persons are concerned, shall be waived, provided that this shall not apply to such persons who have reached a retire- ment age. (f) Proof of eligibility for the preference provided for shall be furnished the State Civil Service Commission or the proper representative of said com- mission, by submission by the person claiming preference of the discharge granted to the veteran by or through whom preference is claimed, or a properly certified copy of such discharge, and, in the case of a disabled veteran, additionally of a certificate from the veterans Administration of the United States, showing service-connected disability to exist. 726 Vol. IV Acts of the Legislature º: (g) In the case of entrance tests or examinations, all persons honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service and the widows of such persons, who have met the minimum requirements imposed for each test and who have received at least the average rating required for eligibility, shall have added to their earned gradings an additional five points, and all persons honorably discharged or discharged under honorable conditions from the United States Army, Navy, Marine Corps or Coast Guard Service, who are suffering service-connected disability, shall have added to their earned gradings an additional ten points; and all persons described in this section, who become eligible for certification, shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentage attained by them in examinations or tests, after such credit of five or ten points, as the case may be, shall have been added. All ties shall be decided in favor of the persons covered by this section. In the case of promotion tests or examinations, a credit of only three points shall be allowed the persons covered by this section. Physical requirement shall be waived in the case of any person covered by this section where it is shown by proper evidence that the disabilty of such person, if any, will not interfere with the performance of the duties of the position to which he is to be appointed. (h) If any provision of this Section, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the legality of the remainder of this act. Section 25. Working Tests. (a) Every person appointed to a position in the classified service after certification of his name from an employment list shall be tested by a working test while occupying such position. The period of such working test shall commence immediately upon appointment and shall continue for such time, not less than six (6) months nor more than one year, as, subject to the rules, shall be established by the Director. At such times during the working test period and in such manner as the Director may require, the appointing authority shall report to the Director his observation of the employee's work, and his judgment as to the employee's willingness and ability to perform his duties satisfactorily, and as to his habits and dependability. At any time during his working test period, after the first two months thereof, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that such employee is unable or unwilling to perform his duties satisfactorily or that his habits and depend- ability do not merit his continuance in the service. Upon such removal, the appointing authority shall forthwith report to the Director and to the employee removed his action and the reason therefor. No more than three (3) em- ployees shall be removed successively from the same position during their working test periods without the approval of the Director. The appointing authority may remove an employee within the first two months of his working test period only with the approval of the Director. The Director may remove an employee during his working test period if he finds, after giving him notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error. (b) Ten (10) days prior to the expiration of an employee's working test period, the appointing authority shall notify the Director in writing whether the services of the employee have been satisfactory and whether he will continue the employee in his position. A copy of such notice shall be given to the employee. Upon approval of the Director of a favorable report, the appoint- ment of the employee shall be deemed to be complete at the expiration of the working test perod. Failure by an appointing authority to give such notice to the Director shall have the same force and effect as a satisfactory report. (c) If any employee is removed from his position during or at the end of his working test period, and the Director determines that he is suitable for appointment to another position, his name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the classified service immediately prior to his appointment, his name shall be placed on the reemployment list for the class of the position in which he was a regular employee. 727 Vol. IV ſº Legal Materials Section 26. Temporary Appointments. Temporary appointments to posi- tions in the classified service may be made for short periods without compliance with the provisions of this Act requiring certification, as follows: (1) Provisional appointments. When a vacancy is to be filled in a position of a class for which there are no eligibles available for certification, the appoint- ing authority, with the prior approval of the Director, may make a provisional appointment of any person whom he deems qualified. Whenever practicable, such appointment shall be made by the temporary promotion of an employee of a lower class under the same appointing authority. A provisional appoint- ment may continue for a period of not more than three months but may be renewed for successive like periods upon prior authorization by the Director certifying that eligibles are not available for certification and that it has not been practicable to provide such eligibles, and reciting the steps that have been taken to provide eligibles and the reasons why they have not been effective; provided that in no event shall a provisional appointment continue for more than one year. Any provisional appointment shall terminate upon the regular filling of the vacancy in any manner authorized under this Act and, in any event, within fifteen days after a certification from which appointment can be required hereunder. (2) Transient appointments. Whenever the services of an extra or sub- stitute employee are needed in any position in the classified services for a period of less than three months beyond which such services will not be re- quired, the appointing authority, with the prior approval of the Director, may make a transient appointment of any person that he deems qualified, to serve for the period required. Any such appointment for a period of less than three months, with the prior approval of the Director, may be extended for such further period or periods as service thereunder may be found to be required, but no transient appointment or extension or renewal thereof, may extend beyond the date representing the completion of an aggregate period of service under any one or more of the provisions of this section, of more than three months, by the same person, under the same or different authorizations, in the same or different position, under the same appointing authority, during any continuous period of twelve months. (3) Emergency appointments. Where an emergency exists requiring an appointment to be made before action therefor can be taken under any other provision of this Act, an emergency appointment may be made of any available person to serve until the position involved can otherwise be filled under the provisions of this Act. No emergency appointment shall continue for more than ten days in any case, or be renewed for any further period beyond that limit. The authority hereunder for any emergency appointment is conditioned on a prompt report thereof to the Director, at the time such appointment is made. No credit shall be allowed in any tests of fitness hereunder for experience gained under any temporary appointment. Section 27. Transfer. An employee may be transferred from any position in the classified service to any other position of the same class, or of any other class for which no additional or different qualifications are prescribed for original entrance, on recommendation of the appointing authority and approval of such transfer by the Director, but no employee shall be transferred from a position in one organization unit to a position in another organization unit without the consent of the appointing authorities of both units concerned, except as other- wise specifically provided in this Act. The Director shall, continuously and actively, interest himself in the possibilities for providing for improvement and economy in the service by means of transfer to effect adjustments of unsatis- factory conditions of employment and to meet variations in the work require- ments of different organization units. No employee shall be transferred from a position in one class to a position in another class of a higher rank or for which there are substantially dissimilar requirements for appointment unless he is appointed to such latter position after certification of his name from a list in accordance with the provisions of this Act. Any change of any employee from a position in one class to a position in a class of lower rank shall be considered a demotion and shall be made only 728 Vol. HV Acts of the Legislature *::: in accordance with the procedure prescribed by Section 33. An employee thus *: shall have the right to appeal to the Commission under Section 34 of this Act. - Section 28. Simplified Form of Tests. In every instance where this Act requires that a position be filled by competitive examination, the examination or tests which are given shall be truly competitive in character, and no pro- vision to fill such a position by a non-competitive examination shall be deemed to be in effect under the provisions of this Act. But the Director, subject to the rules, may provide for simplified types of competitive tests, and of procedures for rating the results thereof, and for establishment of employment lists and certification therefrom, under his supervision, by designated representatives on the staffs of local establishments or otherwise, in the cases of any classes for which such action seems desirable. Section 29. Service Standards and Ratings. (a) The Director shall, in cooperation with appointing authorities, provide and recommend to the Com- mission for approval, a system of standards of performance in positions through- out the classified service, and methods of rating the service of the individual employees. Such a system when adopted by the Commission shall be incor- porated, in its essentials, by amendment, in the rules, and shall be placed in effect by the Director. The standards of performance to be recommended as bases of service ratings shall have reference to the quality and quantity of work done, the manner in which the service is rendered, the conduct of em- ployees and their faithfulness to their duties, and such other characteristics, as in the opinion of the Director, will measure the value of employees to the service. The system so recommended shall provide for the manner and extent of use of the service ratings as a factor: (1) In making pay adjustments upward or downward within the limits of the scales of pay for the various classes of positions, and shall set forth the standards to be used in determining whether the services of any officer or em- ployee are such as to warrant an increase in pay, no change in pay, or a decrease in pay, or demotion. (2) In ascertaining whether the value of individual officers and employees, from the view of the State as an employer, is increasing or decreasing. (3) In providing means by which individual officers and employees may be made acquainted with their good points and their shortcomings as viewed by their superiors. (4) In determining what officers and employees shall be considered for promotion in higher positions. (5) In measuring the efficacy of the recruiting procedures used in filling State positions. (6) In discovering officers and employees whose conduct and performance are such that they should be promoted, demoted, transferred, or removed and providing for the action so indicated. (7) For such other purposes as may be helpful in the administration of this Act and the rules. The rules shall provide a “meritorious” rating standard which any employee must meet or execeed to qualify for increase in pay at normally frequent intervals or promotion and a lower rating standard on falling below which an employee shall be subject to action for decrease in pay, demotion, or removal, designated “satisfactory.” (b) When a service rating system has been adopted by the Commission as provided, the Director shall provide for the necessary forms, procedures, and records. He shall see to the designation of appropriate rating officers and instruct them in their duties. He may investigate the accuracy of reports of ratings under the system adopted, and may adjust the ratings to conform to the facts as ascertained. It shall be his duty to provide for uniformity, fairness, and equity, of application of the standards by different rating officers. The Director shall evaluate the ratings of employees in accordance with the pro- cedures established in such ways as to provide clear records expressing, as fairly as may be, the relative value of the service of each employee to the State in a position of the class of which his position is allocated and shall 729 Vol. IV º Legal Materials maintain systematic records of the ratings for all positions, under the standards and methods prescribed. Each employee shall be notified of his service ratings from period to period with a view of his being afforded apportunity for cor- recting his obvious weaknesses. The reports and records of the ratings of each employee may be inspected by him or his duly authorized representative, by his appointing authority, and, in the discretion of the Director, by any other ap- pointing authority who is considering a transfer of the employee to his own jurisdiction. Such ratings, reports, and records shall not be open to inspection of any other person outside the Department of State Civil Service. Section 30. Hours of Work, Holidays, Attendance and Leave. The rules shall provide for the hours of work, vacations, holidays, attendance regulations and leaves of absence in the various classes or positions in the classified service. They shall contain provisions for annual, sick and special leaves of absences with or without pay or with reduced pay, and may allow special extended leaves for employees disabled through injury or illness arising out of their employment, and the accumulation of annual and sick leaves. Section 31. Vertification of Claims for Payment. It shall be unlawful for any fiscal officer to draw, sign or issue, or to authorize the drawing, signing, or issung, of, any order or warrant on the Treasurer or other disbursing officer for the payment of, or for any officer or employee to pay, any com- pensation or pay to any employee in the service, unless a payroll or account for such compensation or pay, containing the name, title, period for which payment is proposed, rate of pay, and amount of payment proposed, is first presented to such fiscal officer authorized to verify claims and approve them for payment and is examined and verified by him or under his authority. Such examination and verification shall be for the purpose of establishing the facts that each person named on each such payroll or account has been lawfully appointed hereunder to a duly authorized and duly created position, and was actually employed on the duties of such position, or was on duly authorized leave of absence therefrom with pay, under the title, at the rate, and for the full period, for which payment is proposed, and is entitled to payment in the amount proposed. Such examination and verification shall extend, in connec- tion with each person proposed to be paid as an employee in any position, among other things provided under other provisions of law, to: (a) The fact of lawful creation of the position, as evidenced by the pro- vision of law or appropriation under which the position was created, and a certificate by or for the appointing authority of the actual creation of the position. (b) The fact of allocation hereunder of the position to the class indi- cated by the title under which payment is proposed to be made, as evidenced by a certificate by the Director or under his authority. (c) The fact of lawful appointment of the person named to the position, under the provisions of this Act, as evidenced by a certificate by or for the appointing authority approved by the Director or under his authority. (d) The fact of continuance of authorized employment in such position, of the person named, as evidenced by the absence of any certificate by or for the Director showing termination of such employment or of the authority therefor, or change therein. (e) The correctness of the rate at which payment is proposed to be made, as evidenced by a certificate by or for the appointing authority approved by the Director or under his authority, fixing such rate. - (f) The fact of the actual rendering of service in the position by the person named, or his absence from duty with pay on duly authorized leave, or both, to an extent supporting and justifying the full amount of payment claimed, as evidenced by reports and certificates by or for the appointing au- thority as to the actual hours of attendance on duty and absence from duty and authorized leave of absence with pay. If the Director in any case shall find that any person has been appointed, transferred, reinstated, continued, or otherwise employed in any position in violation of any provision of this Act or of the rules adopted thereunder, he shall so notify the Controller or other fiscal officer and thereafter such officer 730 Vol. IV Acts of the Legislature *::: shall not draw, sign, or issue, or authorize the drawing, signing or issuing of, any warrant on the Treasurer or other disbursing officer for the payment of, and no officer shall pay, any compensation or pay to any such person. The Controller or other fiscal officer responsible for the examination and verification of claims may make such further inquiries or investigations and may demand such further information or certificates as he may deem necessary, to establish the facts required for authorization of payment in any case. Remedies in Cases of Denial of Payment and Unauthorized Payment. Any employee appointed and employed in accordance with this Act, and the rules made in pursuance thereof, and entitled to payment therefor, may maintain a proceeding by mandamus to compel such certification of facts as may be neces- sary to support his claim, and to compel payment thereof. Any person appointed or employed contrary to the provisions of this Act, and the rules thereunder, whose payroll or account is refused certification or payment, shall have the right to recover from the officer or officers appointing or employing, or at- tempting to appoint or employ him, for the amount due by reason of such employment or purported employment, and the costs of such action. No offi- cer or officers of the State, during the time of his or their official service or thereafter, shall be reimbursed by the State for any sum so paid or recovered in any such action. Any sums paid contrary to the provisions of this Act, may be recovered from any officer or officers making such appointment or con- tinuing such employment in contravention of the provisions of this Act, and of the rules made in pursuance thereof, or any officer signing or countersign- ing, or authorizing the signing or countersigning of, any order or warrant for payment or making any payment therefor, or from the sureties of any such officer on their official bonds, in an action maintained by any taxpayer on re- lation of the State, and for the use and benefit of the State in any court of competent jurisdiction. It shall be the duty of the Attorney General of the State to institute such proceedings immediately, when facts justifying such action are brought to his attention. Interpretation of Appropriations and Statutes Relative to Pay. In the rendering of certificates and approvals by or for the Director and in the ex- amination and verification of accounts by the Controller or other fiscal officer, the titles and rates of pay of any positions in the classified service covered by this Act, as set forth in any statute or appropriation now or hereafter pro- vided by due authority of law, shall be construed as permissive only, authorizing the creation of positions such as might properly be designated by such titles and compensated at such rates of pay, but not as mandatory in requiring that such titles, shall apply and that such rates of pay shall be paid irrespective of the true nature of the positions created under such authority and of whether or not such titles and rates are appropriate to the positions as actually con- stituted. The official title of any position shall be determined hereunder by its allocation to its appropriate class under the classification plan in effect, and in no other way. The actual rate and amounts to be paid for employment in any position shall be determined in accordance with the provisions of this Act, and in no other way. No person occupying any position under the provisions of this Act, shall be paid any amount of salary or other compensation, except as provided herein. Section 32. Layoffs. Whenever a position in the classified service is abolished or needs to be vacated because of stoppage of work from lack of funds or other cause, the employee of the class involved in the organization unit affected, with the lowest average service rating for the last three years of his service or for the entire perod if less than three years, shall be laid off without pay. When service ratings are not available, such employee with the lowest value to the service as ascertained and determined by the Director by such means as he may deem most effective, shall be so laid off. The ap- pointing authority shall give written notice to the Director of every proposed lay-off a reasonable time before the effective date thereof, and the Director shall make such orders relating thereto as he considers necessary to secure com- pliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list. 731 Vol. IV #. Legal Materials Section 33. Removals, Suspensions and Other Corrective or Disciplinary Action for Maintaining Standard of Service. When any employee in the classi- fied service is unable or unwilling to perform the duties of his position in a satisfactory manner or has committed any act or acts to the prejudice of the service, or has omitted to perform any act or acts that it was his duty to per- form, or otherwise has become subject to disciplinary or other corrective ac- tion, it shall be the duty of the appointing authority to take such action as the circumstances may warrant to maintain the standards of effective service. Such action may extend to removal from the service, retirement under any provision of law applicable, reduction in pay to the next lower rate in the scale for the class, demotion to any position of a lower class that the employee is deemed by the appointing authority and the director is deemed by the ap- pointing authority and the director to be competent to fill, suspension without pay for a period or periods not exceeding in the aggregate sixty days in any continuous period of twelve months or reprimand or other such less drastic measure of discipline as, in the judgment of the appointing authority, seems to be necessary and proper. Procedure in Disciplinary Cases. In every case of removal or reduction in pay of an employee in a position in the classified service or of involuntary retirement or demotion of such an employee, the appointing authority shall furn- ish the employee and the Director a statement in writing of the reasons there- for. The Director shall notify the employee in writing at his last known ad- dress that he has a right to make such reply in writing as he may desire, and shall receive and consider any such reply and make such investigation of the facts as he may deem proper. The Director likewise may make investigation, of his own motion, of the case of any employee whose record of service seems to be unsatisfactory, or who is charged with the commission or ommission of specific acts to the detriment of the service. He may make to the appointing authority such report and recommendations for action, on the basis of the facts ascertained, as he may deem appropriate. Where such action seems to be war- ranted by the facts, the Director, in the case of any employee in the classified service removed or involuntarily retired or demoted by action of any appoint- ing authority, may authorize the transfer of the employee concerned to a po- sition of the class previously occupied by him under another appointing au- thority with the consent of such authority, or place his name on the reem- ployment list for such class for certification to other appointing authorities. Upon written request of an employee and with the approval of the Director, such employee may be demoted, or be retired under any optional provision of law, without compliance with the requirements of this section. Section 34. Appeals by Employees to the Commission. (a) Any regular employee in the classified service, subject to the provisions of this Act, or the rules made pursuant thereto, who deem that he or she has been removed, dis- missed, retired, reduced in pay, demoted, subjected to a second suspension of sixty (60) days or less without pay, or subjected to any other disciplinary action set out in Section 33 of this Act, without just cause, may, within sixty (60) days of such action demand a hearing to determine the reasonableness of such action, and the Commission shall grant the employee a hearing within forty-five (45) days after receipt of such request. In the event such hearing is not held within the forty-five (45) day period herein specified, following re- ceipt of request for such hearing, then the employee shall be forthwith rein- stated in his or her position with full pay for lost time, but this shall not jeo- pardize the right of the Commission to finally determine the matter at a later date. After hearing and considering the evidence for and against such discipli- nary action, the Commission shall approve or disapprove the action. In case of approval the disciplinary action shall be deemed final as ordered. In case of disapproval the Commission shall reinstate the employee under such condi- tions as it deems proper, and may order full pay for lost time. If the Commission finds that the disciplinary action was for religious or political reasons, then the employee shall forthwith be reinstated in his posi- tion and be reimbursed for any loss of pay occasioned by such disciplinary ac tion. 732 Vol. IV Acts of the Legislature *::: (b) The foregoing provisions of this section shall not apply to temporary appointments as defined in Section 26, and employees during their working test period as defined and provided for in Section 25 of this Act. Section 35. Services to Political Subdivision. (a) Subject to the rules, the Director may enter into agreements with any municipality or parish offi- cial, board of commission, or political subdivson of the State, excepted from the Classifiied Service and the provisions of this Act and Act 481 of 1940 of the Legislature of Louisiana, to furnish services and facilities of the Depart- ment to such municipality or political subdivision in the administration of its personnel on merit principles. All municipalities and political subdivisions of the State are hereby authorized to enter into such agreements. Section 36. Retirement System. The Director shall prepare and, upon approval by the Commission, shall submit to the Governor recommendations concerning actuarially sound retirement and pension systems for persons hold- ing positions in the classified service. Section 37. Oaths, Testimony, and the Production of Records. The Com- mission, each member of the Commission, and the Director shall have power to administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or hearing authorized by this Act. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investiga- tion or hearing or who shall knowingly give false testimony therein shall be guilty of a misdemeanor and subject to the penalties provided in Section 45 of this Act. In case of contumacy or refusal to obey a subpoena issued to any person, any District Court of the State of Louisiana within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found, or resides, or transacts busi- ness, upon application by the Commission, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, its member, agent or agency, and to produce evidence, if so ordered, or there to give testimony touching the matter under consideration or in question; and any failure to obey such order of court may be punished by said court as a con- tempt thereof. Section 38. Refusal to Testify. If any officer or employee in the State service or any officer or employee of any City or other political subdivision shall wilfully refuse or fail to appear before any court or judge, or any legis- lative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or if any such employee or officer having appeared shall refuse to testify or answer any question relating to the affairs or government of the State or the conduct of any State officer or employee on the ground that his testimony or answers would tend to incriminate him, or shall refuse to waive immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, he shall forfeit his po- sition and shall not be eligible for appointment to any position in the classi- fied service of the State or of any City for a period of ten years. Section 39. Duty to furnish facilities. All officers and employees of the State and of municipalities and political subdivisions of the State shall allow the Department the reasonable use of public buildings under their control, and furnish heat, light and furniture, for any examination, hearing or investiga- tion authorized by this Act. The Department shall pay to a municipality or political subdivision the reasonable cost of any such facilities furnished by it. Section 40. Duties of State Offices and Employees. (a) Each appointing officer shall report to the Director forthwith in writing upon any appointment or employment in the service, the name of the appointee, or employee, the title and character of his office or employment, the date of commencement of service by virtue thereof, and the salary of compensation thereof, and shall report from time to time upon the date of the official action on, or knowledge of, any separation of a person from the service or any promotion, reduction, suspension, transfer, reinstatement or other change therein, the efficiency of 733 Vol. IV fl. Legal Materials his subordinates and employees, and other information, in such manner as may be prescribed by the Director and the rules and regulations adopted by the Commission. (b) All officers and employees in the State shall comply with, and aid in all proper ways in carrying out the provisions of this Act and the rules, regulations and orders thereunder. All officers and employese shall furnish any records or information which the Director or the Commission may request for any purpose of this Act. (c) Any State officer or employee who shall fail to comply with any provision of this Act or of any rule, regulation or order thereunder shall be subject to all penalties and remedies provided in this Act and such other penalties and remedies as are now or hereafter provided by law for the failure of a public officer or employee to do an act required of him by law. The Director may maintain such action or proceeding as he considers necessary or appropriate to secure compliance with this Act and the rules, regulations and orders thereunder. Section 41. Records of the Department. The records of the Department, except such records as the rules may require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the Director. Section 42. Political Activities Prohibited. (a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations. (b) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service. (c) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. (d) No employee in the classified service, and no member of the Com- mission shall, directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription, or con- tribution. No person shall solicit any such assessment, subscription or con- tribution of any employee in the classified service. (e) No employee in the classified service shall be a member of any national, state, or local committee of a political party, or an officer or member of a committee of any factional, political club or organization, or a candidate for nomination or election to any public office, or shall make any political speech or public political statement as a part of any political campaign, or shall take any part in the mangement or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. (f) No person elected to public office shall, during the term for which he was elected, be appointed to any position in the classified service. (g) The Civil Service Commission may, upon its own initiative, and shall upon the filing of written charges by any appointing authority, employee in the State Service, citizen or taxpayer, investigate any charges that the pro- visions of this Section have been violated by any person in the State Service. Within thirty (30) days after the filing of charges as herein provided, the Commission shall hold a public hearing concerning the charges. If the Com- mission shall determine that the charges are true or, on the basis of additional evidence which may be introduced at the hearing, shall determine that the person or persons under inquiry have violated any of the provisions of this Section, the Commission shall direct the offending person or persons to be dismissed from the State Service. Such offender shall be subject to the pen- 734 Vol. IV Acts of the Legislature º: alties provided in Section 45 of this Act and in addition shall not again be eligible for reemployment or public office in the State Service for a period of two years from the time of dismissal. Section 43. Unlawful Acts Prohibited. (a) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this Act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this Act and the rules. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service. (c) No employee of the Department, examiner, or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this Act, or furnish to any person any special or secret information for the purpose of affecting the rights or pros- pects of any person with respect to employment in the classified service. Section 44. Legal Services. If this Act or its enforcement by the Direc- tor or the Commission shall be called into question in any judicial proceeding, if any person shall fail or refuse to comply with the lawful orders or directions of the Commission, such Commission or the Director may call upon the Attorney General or may, with the advice and consent of the Governor, employ independent counsel to represent it in sustaining this Act and the enforcement thereof and such independent counsel shall be paid as other employees of the Department are paid. Sction 45. Penalties. (a) Any person who wilfully violates any provi- sion of this Act or of the rules shall be guilty of a midsemeanor, and shall upon conviction be punished by a fine or not less than One Hundred ($100.00) Dollars, nor more than Ten Thousand ($10,000.00) Dollars, or by imprison- ment for a term of not less than one month nor more than twenty-four (24) months, or both such fine and such imprisonment. (b) Any person who is convicted of a misdemeanor under this Act shall, for a period of ten (10) years, be ineligible for appointment to or employment in a position in the State service, and if he is an officer or employee of the State, shall forfeit his office or position. Section 46. Federal Funds and Assistance. Wherever the provisions of any law of the United States, or of any rule, order or regulation of any Federal agency or authority, providing or administering Federal funds for use in Louisiana, either directly or indirectly or as a grant-in-aid, or to be matched or otherwise, impose other or higher, civil service or merit standards or different classifications than are required by the provisions of this Act, then the provisions of such laws, classification, rules or regulations of the United States or any Federal Agency shall be adopted by the Commission as rules and regulations of the Commission and shall govern the class of employ- ment and employees affected thereby, anything in this Act to the contrary notwithstanding. Section 47. Separability. If any provision of this Act or of any rule, regulation or order thereunder or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Act, and the application of such provision to this Act or of such rule, regulation or order to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Section 48. Effective Dates. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 16, 35, 37, 39, 41, 44, 45, 46, and 47 shall become effective immediately upon the adoption of this Act. All of the remaining Sections of this Act, shall become effective on the first day of July, 1942; provided, that the director, prior to July 1, 1942, may prepare and secure approval of the pay plan, may announce and hold tests and prepare to establish employment lists, and may take any other action that he may deem necessary and proper, 735 Vol. IV #. Legal Materials to provide for giving full effect, so far as may be, to all the provisions of this Act on the date specified; and provided further, that the Director may accept the results of any previous tests meeting Federal standards established under the Social Security Act, as equivalent to the qualifying examinations required by this Act, and may accept and continue as though provided under the provi- sions of this Act registers, resulting in either case from action under authority of any provision of law for a merit system of personnel administration appli- cable to one or more departments or other agencies of the State, meeting Federal standards established under the Social Security Act. Section 49. Repealing Clause. All laws or parts of laws in conflict on inconsistent herewith and especially and specifically Act No. 22 of the Second Extraordinary Session of 1934, as amended by Act 31 of the Third Extraordi- nary Session of 1934 and Act 25 of the Third Extraordinary Session of 1935 of the State of Louisiana shall be, and the same are hereby repealed as of the first day of July, 1942. ACT 244 OF 1940 [This act was incorporated in part into the Revised Statutes of 1950, 47:801- 47:810. The administrative provisions were deleted. Act 157 of 1952 amended the above Revised Statutes sections and added R.S. 47:811-47:814.—Ed.] AN ACT To provide additional revenue for the State of Louisiana by levying in addi- tion to all other licenses and taxes now levied and assessed in this State, an excise tax upon the use of fuel, as defined in this Act, used to propel motor vehicles upon the highways of the State of Louisiana, with certain exceptions; defining the terms “motor vehicle,” “fuel,” “highway,” “person,” “use,” “user,” and “in this State” or “in the State”; levying and providing for the assessment, collection, payment and disposition of such tax; dedi- cating its proceeds, less the cost of collection, as herein provided for; pro- viding that all users, as defined in the Act, furnish bond guaranteeing pay- ment of the taxes and penalties levied hereunder; providing for mehods of collecting the tax levied herunder; defining violations of the provisions of this Act and prescribing penalties therefor; providing for the promulga- tion of rules and regulations for the enforcement of the provisions of this Act and for the collection of the tax levied hereby; providing that any part of this Act which may be held invalid or unconstitutional shall not affect or impair any other part hereof; providing for notice to the Collector of Revenue by the Motor Vehicle Bureau of the registration of motor ve- hicles using fuels taxable under this Act, and rouiring a certificate showing all taxes have been paid under this Act before license or registration of motor vehicle using fuels taxed under this Act may be transferred by Motor Vehicle bureau; providing for a lien, seizure and sale of motor vehicles using fuel in violation of this Act where taxes have not been paid; providing for the redetermination of reports filed under this Act in certain cases; provid- ind for the keeping of records by the users of motor fuel as defined in this Act. Section 1. Be it enacted by the Legislature of Louisiana, that this Act is known and may be cited as the “Use Fuel Tax Act of 1940.” Section 2. The following words, terms and phrases when used in this Act have the meanings ascribed to them in this Section, except where the con- text clearly indicates a different meaning: (a) “Motor Vehicle” shall mean and include every self-propelled vehicle operated or suitable for operation on the highway, excepting a vehicle used ex- clusively upon stationary rails or tracks or implements of husbandry, trucks or tractors used in agricultural operations and only incidentally operated or moved upon a highway. - r 736 Vol. IV Acts of the Legislature º; (b) “Fuel” shall mean and include any combustible gas or liquid, by whatever names such gas or liquid may be known or sold, such as Butane Gas and Diesel Fuel, of a kind used in an internal combustion engine for the generation or power to propel a motor vehicle on the highways, except such fuel as is subject to the taxes imposed by Act No. 87 of 1936, as amended; Act No. 6 of 1928, as amended; Act No. 1 of the Extra Session of 1930, and Act No. 15 of the First Extra Session of 1934. (c) “Highway” shall mean and include every way or place, of whatever nature, generally open to the use of the public for the purpose of vehicular travel and notwithstanding that the same may be temporarily closed for the purpose of construction, reconstruction, maintenance or repair. (d) “Person” shall mean and include any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, this State, any parish, city, municipality, district or other political subdivision thereof, or any other group or combination acting as a unit, and the plural as well as the singular number. (e) “Use” shall mean and include the placing of fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion thereof, but a person placing fuel in a receptacle on a motor vehicle of another who holds a valid used fuel tax permit hereunder shall not be deemed to have used such fuel. (f) “User” shall mean and include any person who, within the meaning of the term “use” as defined herein, uses or consumes fuel. (g) “In this State” or “in the State” means within the exterior limits of the State of Louisiana, and includes all territory within such limits owned by or ceded to the United States of America. Section 3. An excise tax is hereby imposed at the rate of seven (7c) cents per gallon on the use of fuel by any user thereof on and after August 1, 1940, but if the user shall establish to the satisfaction of the Collector of Revenue that fuel has been used to propel an implement of husbandry, truck or tractor used in agricultural operations and only incidentally operated or moved upon a highway, or has been consumed for a purpose other than the generation of power to propel a motor vehicle in this State, then no excise tax shall be imposed on such fuel. Section 4. After August 1, 1940, it shall be unlawful for any person to become a user of fuel within this State without first securing a use fuel tax permit. Applications for such permits must be made to the Collector of Revenue upon forms prescribed by the Collector of Revenue. Section 5. On receipt of an application as required by Section 4 hereof, the Collector of Revenue shall issue to the applicant a use fuel tax permit authorizing such person to become a user of fuel taxable hereunder. Such per- mit shall be valid until revoked. Section 6. The excise tax imposed hereunder shall be due and payable monthly on or before the twentieth day of the month following each calendar month. Section 7. In the event the Collector of Revenue deems it necessary, every user shall file with the Collector of Revenue a bond, the amount of which bond is to be fixed by the Collector of Revenue on a form to be approved by the Collector of Revenue, and (1) in an amount not to exceed $10,000.00 (2) with a surety company, approved by the Collector, as surety thereon, and (3) upon which such user shall be the principal obligor and this state shall be the obligee (4) conditioned upon the prompt filing of true reports and the payment by such used to the Collector of Revenue of this State of any and all excise 737 Vol. IV ſ: Legal Materials taxes which are now or which are hereafter due under this Act, together with any and all penalties and interest thereon, and generally upon faithful com- pliance with the provisions of this Act. (b) In the event that the liability upon the bond thus filed by the user with the Collector of Revenue shall be discharged or reduced, whether by judgment rendered, payment made, or otherwise, or if in the opinion of the Collector of Revenue any surety on the bond theretofore given shall have be- come unsatisfactory or unacceptable, then the Collector of Revenue may re- quire the user to file a new bond with satisfactory sureties in the same form and amount, failing which the Collector of Revenue shall forthwith cancel the permit of said user. (c) In the event that upon hearing, of which the user shall be given five days' notice in writing, the Collector of Revenue shall decide that the amount of the existing bond is insufficient to insure payment to this State of the amount of the tax and any penalties and interest for which said user is or may at any time become liable, then the user shall forthwith upon the written demand of the Collector of Revenue file an additional bond in the same manner and form with a surety company thereon approved by the Collector of Revenue in any amount determined by the Collector of Revenue to be necessary to se- cure at all times the payment by such user to this State of all taxes, penalties, and interest due under the provisions of this Act, failing which, the Collector of Revenue shall forthwith cancel the permit of said user. (d) Any surety on any bond furnished by any user as heretofore pro- vided shall be released and discharged from any and all liability to this State accruing on such bond after the expiration of sixty days from the date upon which such surety shall have lodged with the Collector of Revenue written request to be released and discharged. Provided, however, that such request shall not operate to relieve, release or discharge such surety from any liability al- ready accrued or which shall accrue, before the expiration of said sixty day period. The Collector of Revenue shall promptly, on receipt of notice of such request, notify the user to furnish such bond and unless such user shall, on or before the expiration of such sixty day period, file with the Collector of Reve- nue a new bond with a surety company satisfactory to the Collector of Revenue in the amount and form hereinbefore in this Section provided, the Collector of Revenue shall forthwith cancel the permit of said user. If such new bond shall be furnished by said user as above provided, the Collector of Revenue shall cancel and surrender the bond of said user for which such new bond shall be substituted. Section 8. Each user on or before the 20th day of September, 1940, and on or before the 20th day of each month thereafter, shall file, on forms, pre- scribed by the Collector of Revenue, a report showing the amount of fuel used during the preceding calendar month by such user in this State, and such other information as the Collector of Revenue may require to carry out the purposes of this Act. The user must accompany each such report by a remittance pay- able to the Collector of Revenue for the amount of excise tax due hereunder. Section 9. If said excise tax is not paid within the time prescribed for the filing of said report and for the payment of said excise tax, the penalty of 25% of the amount of the excise tax shall be added thereto on account of such delinquency. Section 10. (a) If a user shall at any time file a false monthly report or fail to give the information required by this Act, or shall fail, refuse or neglect to file the monthly report required by this Act or to pay the full amount of the tax as required by this Act, the Collector of Revenue shall forthwith cancel the permit of said user and notify such user in writing of such cancel- lation by registered mail to the last known address of such user appearing on the files of the Collector of Revenue. (b) Upon receipt of a written request from any user having a permit under this Act to cancel the permit issued to such user, the Collector of Revenue shall have the power to cancel such permit effective sixty days from the date of such written request, but no such permit shall be cancelled upon the re- 738 Vol. IV Acts of the Legislature º quest of any user until and unless the user shall, prior to the date of such cancellation, have paid to this State all excise taxes payable under the laws of this State, together with any and all penalties, interest and fines accruing under any of the provisions of this Act and until and unless the user shali have surrendered to the Collector of Revenue the permit theretofore issued to such user. If upon investigation, the Collector of Revenue shall ascertain and find that any person to whom a permit has been issued under this Act is no longer engaged in the use of fuels taxable under the provisions of this Act, and has not been so engaged for a period of six months, the Collector of Reve- nue shall have the power to cancel such permit by giving such person sixty days' notice of such cancellation mailed to the last known address of such person, in which event the permit theretofore issued to such person shall be surrendered to the Collector of Revenue. (c) In the event that the permit of any user shall be cancelled by the Col- lector of Revenue as hereinbefore in this Section provided, and in the further event that said user shall have paid to this State all excise taxes due and pay- able by it under this Act, together with any and all penalties accruing under any of the provisions of this Act, then the Collector of Revenue shall cancel and surrender the bond theretofore filed by said user. Section 11. The excise tax imposd upon the use of fuel by this Act shall constitute a lien upon, and shall have the effect of an execution duly levied against any motor vehicle in which fuel taxable hereunder is used, attaching at the time such vehicle is operated in this State through the use of such fuel. Said lien shall not be removed until the excise tax is paid or the property subject to the lien thereof is sold in payment of the excise tax, and shall be paramount to all private liens or encumbrances of whatever character, and to the rights of any conditional vendor or any other holder of the legal title, in or to any such motor vehicle. Section 12. Before registering any motor vehicle for the year 1941 or any subsequent year, the Motor Vehicle Bureau of the State of Louisiana shall ascertain from the applicant for such registration whether or not such motor vehicle sought to be registered is propelled by a fuel, the use of which is sub- ject to the excise tax imposed hereunder. If it shall be ascertained that motor vehicle is propelled by the use of a fuel taxable hereunder, said Motor Vehicle Bureau shall notify the Collector of Revenue. Section 13. Transfer by the Motor Vehicle Bureau of the State of Loui- siana of a license or the registration of any motor vehicle subject to the lien of the excise tax imposed hereunder may be effected only after a certificate of excise tax clearance has been issued by the Collector of Revenue. Section 14. In the event that any user is delinquent in the payment of any obligations imposed hereunder, the Collector of Revenue may give notice of the amount of such delinquency by registered mail to all persons having in their possession or under their control, any credits or other personal property belonging to such user, or owing any debts to such user, at the time of the receipt by them of such notice, and thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the Collector of Revenue shall have consented to a transfer or disposition or until twenty days shall have elapsed from and after the receipt of such notice. All persons so notified must, within five days after the receipt of such notice, advise the Collector of Revenue of any and all such credits, personal property or debts, in their possession, under their control or owing by them, as the case may be. Section 15. Whenever any user shall be delinquent in the payment of the obligations imposed hereunder, the Collector of Revenue or a duly authorized representative thereof shall proceed to collect the amount due from such user in the following manner: The Collector of Revenue shall seize any motor ve- hicle, subject to the lien of said excise tax, and thereafter sell at public auc- tion the property so seized to pay the excise tax due hereunder, together with any penalties or interest imposed for such delinquency, and any and all costs 739 Vol. IV §: Legal Materials that may have been incurred on account of seizure and sale. Notice of such intended sale and the time and place thereof, shall be given to such delinquent user and to all persons appearing of record to have an interest in such prop- erty, in writing at least ten days before the date set for such sale by enclosing such notice in an envelope addressed to said user at his last known residence or place of business in this State if any, and, in the case of any person appear- ing of record to have an interest in such property, addressed to such person at his last known residence or place of business in this State if any, and de- positing the same in the United States mail, postage prepaid, and by publi- cation of at least ten days before the date set for such sale in a newspaper of general circulation published in the parish or city in which the property seized is to be sold. If there be no newspaper of general circulation in such parish or city, then by the posting of such notice in three public places in such parish or city for said period of ten days. Such notice shall contain a description of the property to be sold, together with a statement of the amount due here- under, the name of the user and the further statement that, unless such amount is paid on or before the time fixed in said notice of sale, said property will be sold in accordance with law and said notice. Section 16. At any such sale, the property shall be sold by the Collector of Revenue or his duly authorized agent in accordance with law and said notice, and the Collector of Revenue shall deliver to the purchaser a bill of sale which shall vest title in the purchaser. If, upon any such sale, the moneys so received shall exceed the amount due to the State hereunder from such user, any such excess shall be returned to the user, and his receipt obtained therefor. If any person having an interest in or lien upon the property has filed with the Collector of Revenue prior to such sale notice of such interest or lien, the Collector of Revenue shall withhold payment of any such excess pending a determination of the rights of the respective parties thereto by a court of competent jurisdiction. If for any reason the receipt of such user shall not be available, the Collector of Revenue shall deposit such excess moneys with the State Treasurer, as trustee for such owner, subject to the order of such user, his heirs, successors or assigns. Section 17. Whenever any user shall be delinquent in the payment of the obligations imposed hereunder, the Collector of Revenue shall proceed to col- lect said taxes in the manner hereinabove set out, or by proceeding to file a suit in the name of the State of Louisiana as in ordinary actions, or by rule, or under the provisions of Act No. 14 of the Second Extra Session of 1935, and obtain judgment against the tax debtor. In any suit brought to enforce the rights of the State hereunder, an affidavit by the Collector of Revenue showing the delinquency shall be prima facie evidence of the correctness of the levy of the excise tax, of the delinquency and of compliance by the De- partment of Revenue with all provisions of this Act in relation to the com- putation and levy of the excise tax. In such action a writ of attachment may issue, and no bond or affidavit previous to the issuing of said attachment shall be required. Section 18. In the event it becomes necessary to resort to the courts for the collection of taxes levied by this Act, any judgment obtained against the tax debtor shall include an additional sum in the amount of 10 per cent on the taxes and penalties as attorney's fees. Section 19. The foregoing remedies of the State to collect the taxes levied by this Act shall be cumulative and no action taken by the Collector of Revenue shall be construed to be an election on the part of the State or any of its officers to pursue any remedy hereunder to the exclusion of any other remedy for which provision is made in this Act. Section 20. All moneys received by the Collector of Revenue in pur- suance of the provisions of this Act shall be transmitted to the State Treasurer and deposited in the State Treasury to the credit of the General Highway Fund. There shall, however, be withheld by the Collector of Revenue the sum of $. . . . . . . . . . . . . . . . . ... for the purpose of defraying the cost of the enforce- ment of this Act. 740 Vol. IV Acts of the Legislature º; Section 21. If the Collector of Revenue is dissatisfied with the report filed or amount of excise tax paid to the State by any user, he is hereby authorized and empowered to compute and determine the amount to be paid based upon any information available to him. All amounts determined to be due under the provisions of this section shall bear interest at the rate of one per cent (1 per cent) per month, or fraction thereof, from the twentieth day after the close of the month or months, as the case may be, for which such amounts were required to be reported to the Collector of Revenue until paid. If any part of the deficiency for which a determination of an additional amount due is made is found to have been occasioned by negligence or in- tentional disregard of this Act or rules and regulations thereunder, a penalty of ten per cent (10 per cent) of such amount shall be added, plus interest as above provided. If any part of the deficiency for which a determination of an additional amount due is made is found to be occasioned by fraud or an intent to evade this Act or the rules and regulations thereunder a penalty of twenty-five per cent (25 per cent) of such amount shall be added plus interest as above provided. The Collector of Revenue shall give to the user written notice of its determination. Such notice may be served personally or by mail; if by mail, service shall be made by addressing same to the user at his address as the same appears in the records of the Collector of Revenue. Section 22. If any user neglects or refuses to make a report required to be made by this Act, the Collector of Revenue shall make an estimate, based upon any information available to him, for the month or months in respect to which such user failed to make a report, or the amount of fuel used by such user subject to the excise tax imposed hereunder and upon the basis of said estimate, compute and determine the amount required to be paid to the State, adding to the sum thus fixed a penalty equal to twenty-five (25 per cent) per cent thereof. All amounts determined to be due under the provisions of this Section shall bear interest at the rate of one (1 per cent) per cent per month, or fraction thereof, from the twentieth day after the close of the month or months, as the case may be, for which such amounts were required to be reported to the Collector of Revenue until paid. Thereupon the Collector of Revenue shall give to such user written notice of such estimate and de- termination, the notice to be served personally or by mail in the same man- ner as prescribed for service of notice by the provisions of Section 21 hereof Section 23. Any user from whom an amount is determined to be due under the provisions of Section 21 or 22 hereof may petition for a redetermi- nation thereof within fifteen days after service upon such user of notice there- of. If a petition for redetermination is not filed within said fifteen day period, the amount determined to be due becomes final at the expiration thereof. Section 24. If a petition for redetermination is filed within said fifteen day period, the Collector of Revenue shall reconsider the amount determined to be due, and if such user has so requested in his petition, shall grant such user an oral hearing and shall give such user ten days' notice of the time and place thereof. The Collector of Revenue shall have the power to continue the hearing from time to time as may be necessary. The order or decision of the Collector of Revenue upon a petition for redetermination shall become final fifteen days after mailing notice thereof. Section 25. All excise taxes imposed hereunder and not paid on the date when such taxes become due and payable shall bear interest at the rate of one (1 per cent) per cent per month, or fraction thereof, from and after such date until paid. Section 26. Every user and every person dealing in, transporting or stor- ing fuel in this State, shall keep records, receipts and invoices and other perti- nent papers with respect thereto in such form as the Collector of Revenue may require. The Collector of Revenue or his authorized representative is hereby em- powered to examine the books, papers, records and equipment of any user or person dealing in, transporting or storing fuel and to investigate the character 741 Vol. IV ; Legal Materials of the disposition which any such user or person makes of such fuel in order to ascertain and determine whether all excise taxes due hereunder are being prop- erly reported and paid. The Collector of Revenue is hereby charged with the enforcement of the provisions of this Act and is hereby authorized and empowered to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement thereof and to employ such accountants, auditors, investigators, assistants and clerks as may be necessary for the efficient administration of this Act. Section 27. It shall be unlawful for any person to place or cause to be placed fuel into any receptacle on a motor vehicle from which receptacle fuel is supplied for the propulsion of such vehicle unless a valid use fuel tax per- mit is held by the owner of such vehicle. Section 28. It shall be unlawful for the Collector of Revenue, or any person having an administrative duty under this Act to divulge or to make known in any manner whatever, the business affairs, operations, or informa- tion obtained by an investigation of records and equipment of any user visited or examined in the discharge of official duty, or the amount or source of in- come, profits, losses, expenditures or any particular thereof, set forth or dis- closed in any report, or to permit any report or copy thereof or any book con- taining any abstract or particulars thereof to be seen or examined by any person except as provided by law; provided, however, that the Governor may authorize examination of such reports by other State officers, by tax officers of another state, or the Federal Government, if a reciprocal arrangement ex- ists, and any other persons the Governor may so authorize. Any violations of the provisions of this Section shall be a misdemeanor and be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding one year, or both, at the discretion of the COUlrt. Section 29. Any user failing or refusing to file any report hereby re- quired to be made, or failing or refusing to furnish a supplemental report or other data required by the Collector of Revenue, or rendering a false or fraud- ulent return shall be guilty of a misdemeanor and subject to a fine of not exceeding five hundred dollars ($500.00) for each such offense. Any person required to make, render, sign or verify any report as afore- said, who makes any false or fraudulent report, with intent to defeat or evade the assessment required by law to be made, shall be guilty of a misdemeanor, and shall for each such offense be fined not less than three hundred dollars ($300.00) and not more than five thousand ($5,000.00) dollars or be impros- oned not exceeding one year in the Parish jail or be subject to both said fine and imprisonment in the discretion of the court. Any violation for the provisions of this Act, except as otherwise herein provided, shall constitute a misdemeanor, and any person found guilty therof shall for each such offense be fined not less than three hundred dollars ($300.00) and not more than five thousand dollars ($5,000.00) or be imprisoned not exceeding one year in the Parish jail or be subject to both said fine and im- prisonment in the discretion of the court, Section 30. If any section, subsection, clause, sentence or phrase of this Act which is reasonably separable from the remaining portions of this Act is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this Act. The Legislature hereby declared that it would have passed the remaining portions of this Act irrespective of the fact that any such section, subsection, clause, sentence or phrase of this Act be de- clared unconstitutional. ACT 266 OF 1940, AS AMENDED [This act was incorporated into the Revised Statutes of 1950, 12:301- 12:330.-Ed.] 742 Vol. IV Acts of the Legislature º AN ACT 1305.1* Cooperatives for supplying electric energy-Cooperative, non- profit, membership corporations may be organized under this act for the pur- pose of supplying electric energy and promoting and extending the use thereof. Corporations organized under this act and corporations which become subject to this act in the manner hereinafter provided are hereinafter referred to as “co- operatives.” [Acts 1940, No. 266, Section 1.] 1305.2 Powers.-The cooperative shall have power: (a) to sue and be sued, in its corporate name; (b) to have existence for a period of not more than ninety-nine (99) years; (c) to adopt a corporate seal and alter the same at pleasure; (d) to generate, manufacture, purchase, acquire, accumulate and trans- mit electric energy, and to distribute, sell, supply, and dispose of electric energy to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten per centum (10%) of the number of its members; provided, however, that should a cooperative acquire any electric facilities dedicated or devoted to the public use, it may, for the purpose of continuing service and avoiding hardship and to an extent which together with all other persons served by the cooperative on a nonmember basis shall not exceed forty per centum (40%) of the total number of persons served by the cooperative, continue to serve the persons served directly from such facilities at the time of such acquisition without requiring that such persons become members, but such nonmembers shall have the right to become members upon such terms as are provided in the by-laws; (e) to make loans to persons to whom electric energy is or will be sup- plied by the cooperative for the purpose of, and otherwise to assist such per- sons in, wiring their premises and installing therein electric and plumbing fix- tures, appliances, apparatus and equipment, of any and all times and character, and in connection therewith, to purchase, acquire, lease, sell, distribute, install and repair such electric and plumbing fixtures, appliances, apparatus and equipment, and to accept or otherwise acquire, and to sell, assign, transfer, endorse, pledge, hypothecate and otherwise dispose of notes, bonds and other evidences of indebtedness and any and all types of security therefor; (f) to make loans to persons to whom electric energy is or will be sup- plied by the cooperative for the purpose of, and otherwise to assist such per- sons in, constructing, maintaining and operating electric refrigeration plants; (g) to become a member in one or more other cooperatives or corpora- tions or to own stock therein; (h) to construct, purchase, take, receive, lease as lessee, or otherwise ac- quire, and to own, hold, use, equip, maintain, and operate, and to sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dis- pose of or encumber, electric transmission and distribution lines or systems, electric generating plants, electric refrigeration plants, lands, buildings, struct- ures, dams, plants and equipment, and any and all kinds of classes of real or personal property whatsoever, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperatives is organized: (i) to purchase or otherwise acquire, and to own, hold, use and exercise and to sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights of way and easements; (j) to borrow money and otherwise contract indebtedness, and to issue notes, bonds, and other evidences of indebtedness therefor, and to secure the payment thereof by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then owned or after acquired real or personal property, assets, franchises, revenues or income; * Dart's numbers, Dart's Statutes. 743 Vol. IV º Legal Materials (k) to construct, maintain and operate electric transmission and dis- tribution lines along, upon, under and across all public thoroughfares, includ- ing without limitation, all roads, highways, streets, alleys, bridges and cause- ways, and upon, under and across all publicly owned lands, subject, however, to the requirements in respect to the use of such thoroughfares and lands that are imposed by law; and, provided, that such construction and operation shall not interfere with the use and occupancy thereof by other public utilities; (l) to exercise the power of eminent domain in the manner provided by the laws of this state for the exercise of that power by corporations constructing or operating electric transmission and distribution lines or systems; (m) to conduct its business and exercise any or all of its powers within or without this state; (n) to adopt, amend and repeal by-laws; and (o) to do and perform any and all other acts and things, and to have and exercise any and all other powers which may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized. [Acts 1940, No. 266, Section 2.] 1305.3 Name.—The name of each cooperative shall include the words “Electric” and “Cooperative,” and the abbreviation “Inc.,” provided, however, such limitation shall not apply if, in any affidavit, made by the president or vice-president of the cooperative and filed with the secretary of state, it shall appear that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name; and provided, further, that any corporation which may be converted into a cooperative and become subject to this act as provided in section 16 (Section 1305.16) of this act may at its election retain the corporate name used by it prior to such conversion or such domestication. The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to trans- act business in, this state. The words “Electric” and “Cooperative” shall not both be used in the name of any corporation organized under the laws of, or authorized to transact business in, this state, except a cooperative or a corpora- tion transacting business in this state pursuant to the provisions of this act. [Acts 1940, No. 266, Section 3.] 1305.4. Incorporators.-Five or more natural persons, or two or more cooperatives, may organize a cooperative in the manner hereinafter provided. [Acts 1940, No. 266, Section 4.] 1305.5 Articles of incorporation.— (a) The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this act, shall be executed by authentic act and signed by each of the incorporators, and shall state: (1) The name of the cooperative; (2) The address of its princi- pal office; (3) The names and addresses of the incorporators; (4) The names and addresses of the persons who shall constitute its first board of directors; (5) Its duration, and (6) Any provisions not inconsistent with this act deemed necessary or advisable for the conduct of its business and affairs. (b) Such articles of incorporation shall be submitted to the secretary of state for filing as provided in this act. (c) It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate power vested in a cooperative under this act. [Acts 1940, No. 266, $5.] 1305.6 By-laws—The original by-laws of a cooperative shall be adopted by its board of directors. The first by-laws of (a) a new cooperative resulting from a consolidation, (b) the surviving cooperative resulting from a merger, and (c) the converted corporation resulting from a conversion, as provided in this act, shall be adopted by the board of directors named in articles of con- version, merger or consolidation as the case may be. Thereafter by-laws shall be adopted, amended or repealed by its members. The by-laws shall set forth the rights and duties of members and directors and may contain other pro- visions for the regulation and management of the affairs of the cooperative not sº with this act or with its articles of incorporation. [Acts 1940, No. 66, $6.] 744 Vol. IV Acts of the Legislature º: 1305.7 Members.-(a) No person who is not an incorporator shall become a member of a cooperative unless such person shall agree to use electric energy furnished by the cooperative when such electric energy shall be available through its facilities. The by-laws of a cooperative may provide that any person, including an incorporator, shall cease to be a member thereof if he shall fail or refuse to use electric energy made available by the cooperative or if electric energy shall not be made available to such person by the cooperative within a specified time after such person shall have become a member thereof. Mem- bership in the cooperative shall not be transferable, except as provided in the by-laws. The by-laws may prescribe additional qualifications and limitations in respect of membership. (b) An annual meeting of the members shall be held at such time as shall be provided in the by-laws. (c) Special meetings of the members shall be called by the board of direc- tors, by any three directors, by not less than ten per centum (10 per cont) of the members, or by the president. (d) Meetings of members shall be held at such place as may be provided in the by-laws. In the absence of any such provision, all meetings shall be held in the city or town in which the principal office of the cooperative is located. (e) Except as hereinafter otherwise provided, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than ten (10) nor more than twenty-five (25) days before the date of the meeting. (f) Five per centum (5 per cent) of all members, present in person, shall constitute a quorum for the transaction of business at all meetings of the members, unless the by-laws prescribe the presence of a greater percentage of the members for a quorum. If less than a quorum is prsent at any meeting, a majority of those present in person may adjoux n the meeting from time to time without further notice. (g) Each member shall be entitled to one vote on each matter submitted to a vote at a meeting. Voting shall be in person, but, if the by-laws so pro- vide, may also be by proxy or by mail or both. If the by-laws provide for vot- ing by proxy or by mail, they shall also prescribe the conditions under which proxy or mail voting shall be exercised. In any event, only members may act as proxies and no member may act as proxy for more than three (3) mem- bers at any meeting of the members. [Acts 1940, No. 266, $7.] 1305.8. Board of Directors.-(a) The business and affairs of a cooperative shall be managed by a board of not less than five (5) directors, each of whom shall be a member of the cooperative or of another cooperative which shall be a member thereof. The by-laws shall prescribe the number of directors, their qualifications, other than those provided for in this act, the manner of holding meetings of the board of directors and of the election of successors to directors who shall resign, die or otherwise be incapable of acting. The by-laws may also provide for the removal of directors from office and for the election of their successors. Without approval of the members, directors shall not receive any salaries for their services as directors, and, except in emergencies, shall not be employed by the cooperative in any capacity involving compensation. The by-laws may, however, provide that a fixed fee and expenses of attendance, if any, may be allowed to each director for attendance at each meeting of the board of directors. (b) The directors of a cooperative named in any articles of incorpora- tion, consolidation, merger or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified. At each annual meeting or, in case of failure to hold the annual meeting as specified in the by-laws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next following annual meeting of the members, except as hereinafter otherwise provided. Each director shall hold office for the term for which he is elected or until his successor shall have been elected and qualified. 745 Vol. IV *::: Legal Materials (c) The by-laws may provide that, in lieu of electing the whole number of directors annually, the directors shall be divided into two classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting and the term of the second class to expire at the second succeeding annual meeting. At each annual meeting after such classification a number of directors equal to the number of the class whose term expired at the time for such meeting shall be elected to hold office until the second succeeding annual meeting. (d) A majority of the board of directors shall constitute a quorum. (e) If a husband and wife hold a joint membership in a corporative, either one, but not both, may be elected a director. (f) The board of directors may exercise all of the powers of a cooperative except such as are conferred upon the members by this act, or its articles of incorporation or by-laws. [Acts 1940, No. 266, § 8.] 1305.9. Districts.-Notwithstanding any other provision of this act, or any other statute, the by-laws may provide for the division and redivision of the territory served or to be served by a cooperative into two or more districts. In such case the by-laws shall prescribe the manner in which the several districts shall function with respect to the nomination and election of directors and otherwise, and may provide for the election and powers of district delegates. No member at any district meeting and no district delegate at any meeting shall vote by proxy or by mail. [Acts 1940, No. 266, § 9.] 1305.10. Officers.-The officers of a cooperative shall consist of a president, vice-president, secretary and treasurer, who shall be elected annually by and from the board of directors. No person shall continue to hold any of the above offices after he shall have ceased to be a director. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties thereof. Any officer may be removed from office and his successor elected in the manner prescribed in the by-laws. [Acts 1940, No. 266, § 10.] tºº 1305.11. Amendment of articles of incorporation.— (a) A cooperative may amend its articles of incorporation by complying with the following require- ments: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds of those members voting thereon at such meeting; and (2) Upon such approval by the members, articles of amendment shall be executed by authentic act on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this act and shall state: (a) the name of the coopera- tive; (b) the address of its principal office; (c) the date of the filing of its articles of incorporation in the office of the secretary of state and (d) the amendment to its articles of incorporation. The president or vice-president executing such articles of amendment shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with. Such articles of amendment and affidavit shall be submitted to the secretary of state for filing as approved in this act. (b) A cooperative may, without amending its articles of incorporation, upon authorization of its board of directors, change the location of its principal office by filing a certicate of change of principal office, executed and acknow- ledged by its president or vice-president under its seal attested by its secretary, in the office of the secretary of state, and also in the office of the recorder of mortgages or the clerk of court in each parish in which its articles of incorpora- tion or any prior certificate of change of principal office of such cooperative has 746 Vol. IV Acts of the Legislature º been filed. Such cooperative shall also, within thirty (30) days after the filing of such certificate of change of principal office in the office of recorder of mortgages or clerk of court of any parish, file therein certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file therein. [Acts 1940, No. 266, § 11.] 1305.12. Consolidation.—Any two or more cooperative, each of which is hereinafter designated a “consolidating cooperative,” may consolidate into a new cooperative, hereinafter designated the “new cooperative,” by complying with the following requirements: (a) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be first approved by the board of directors of each consolidating co- operative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this act and shall state: (1) the name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (2) the name of the new cooperative and the address of its principal office; (3) the names and addresses of the persons who shall constitute the first board of directors of the new cooperative; (4) the terms and conditions of the consoli- dation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into member- ship in the new cooperative and the issuance of certificates of membership in respect of such converted memberships; and (5) any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business and affairs of the new cooperative; (b) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and the proposed articles of consolidation approved by the board of directors of each consolidating cooperative shall then be submitted to a vote of the members thereof at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consoli- dation shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members of each consolidating cooperative voting thereon at such meeting; and (c) Upon such approval by the members of the respective consolidating cooperatives, articles of consolidation in the form approved shall be executed by authentic act on behalf of each consolidating cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secre- tary. The president or vice-president of each consolidating cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperative. Such articles of consolidation and affidavits shall be submitted to the secretary of state for filing as provided in this act. [Acts 1940, No. 266, § 12.] 1305.13. Merger.—Any one or more cooperatives, each of which is here- inafter designated a “merging cooperative,” may merge into another cooperative, hereinafter designated the “surviving cooperative,” by complying with the following requirements: (a) The proposition for the merger of the merging cooperatives in the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of directors of each merging cooperative and by the board of directors of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed purusant to this act and shall state: (1) the name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (2) the name of the surviving cooperative and the address of its principal office; (3) the names and addresses of the persons who shall constitute the first board of directors of the surviving cooperative; (4) a statement that the merging cooperatives elect to be merged into the surviving cooperative; (5) the terms and conditions of the merger and mode of carrying the same into effect; including the manner and basis of converting the memberships in the merging cooperative or cooperatives into 747 Vol. IV ſº Legal Materials memberships in the surviving cooperative and the issuance of certificates of membership in respect of such converted memberships; and (6) any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative; (b) The proposition for the merger of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of directors of the respective cooperatives, parties to the proposed merger, shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members of each cooperative voting thereon at such meeting; and (c) Upon such approval by the members of the respective cooperatives, parties to the proposed merger, articles of merger in the form approved shall be executed by authentic act on behalf of each such cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The president or vice-president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperatives. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this act. [Acts 1940, No. 266, § 13.] 1305.14. Effect of consolidation or merger.—The effect of consolidation or merger shall be as follows: (a) The several cooperatives, parties to the consolidation or merger, shall be a single cooperative which, in the case of a consolidation, shall be the new cooperative provided for in articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives, parties to the consoli- dation or merger, except the new or surviving cooperative, shall cease; (b) Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under the provisions of this act, and shall possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives, and furthermore all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged, shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate or any interest therein, under the laws of this state vested in any such cooperative shall not revert or be in any way impaired by reason of such consolidation or merger; (c) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperative may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place; (d) Neither the rights or creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger; and (e) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger. [Acts 1940, No. 266, § 14.] 1305.15. Conversion of existing corporations.—Any corporation organized under the laws of this state for the purpose, among others, of supplying electric energy may be converted into a cooperative and become subject to this act with the same effect as if originally organized under this act by complying with the following requirements: 748 Vol. IV Acts of the Legislature *::: (a) The proposition for the conversion of such corporation into a co- operative and proposed articles of conversion to give effect thereto shall be first approved by the board of directors of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this act and shall state: (1) The name of the corporation prior to its conver- sion into a cooperative; (2) the address of the principal office of such corpora- tion; (3) the date of the filing, of the articles of incorporation of such corpora- tion in the office of the secretary of state; (4) the statute or statutes under which such corporation was organized; (5) the name assumed by such corporation; (6) a statement that such corporation elects to become a cooperative, nonprofit, membership corporation subject to this act; (7) the names and addresses of the persons who shall constitute the first board of directors of the converted cor- poration upon filing of the articles of conversion; (8) the manner and basis of converting memberships in or shares of stock of such corporation into mem- berships therein after completion of the conversion; and (9) any provisions not inconsistent with this act deemed necessary or advisable for the conduct of the business and affairs of such corporation; (b) The proposition for the conversion of such corporation into a coopera- tive and the proposed articles of conversion approved by the board of directors of such corporation shall then be submitted to a vote of the members or stock- holders, as the case may be, of such corporation at any duly held annual or special meeting thereof, the notice of which shall set forth full particulars con- cerning the proposed conversion. The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with such amendments thereto as the members or stockholders of such corporation shall choose to make, shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members of such corporation voting thereon at such meeting, or, if such corporation is a stock corporation, upon the affrmative vote of the holders of not less than two-thirds of the capital stock of such corporation represented at such meeting; (c) Upon such approval by the members or stockholders of such corpora- tion, articles of conversion in the form approved by such members or stock- holders shall be executed by authentic act on behalf of such corporation by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice-president executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that the provisions of this section with respect to the approval of its trustees or directors and its members or stockholders of the proposition for the conversion of such corporation into a cooperative and such articles of con- version were duly complied with. Such articles of conversion and affidavit shall be submitted to the secretary of state for filing as provided in this act. The team “articles of incorporation” as used in this act shall be deemed to include the articles of conversion of a converted corporation. [Acts 1940, No. 266, § 15.] 1305.16. Initiative by members.-Notwithstanding any other provisions of this act, any proposition embodied in a petition signed by not less than ten per centum (10 per cent) of the members of a cooperative, together with any document submitted with such petition to give effect to its proposition, shall be submitted to the members of a cooperative either at a special meeting of the members held within forty-five (45) days after the presentation of such petition, or, if the date of the next annual meeting of members falls within ninety (90) days after such presentation or if the petitioner so requests, at such annual meeting. The approval of the board of directors shall not be required in respect of any proposition or document submitted to the members pursuant to this section and approved by them, such proposition or document shall be subject to all other applicable provisions of this act. Any affidavit or affidavits required to be filed with any such document pursuant to applicable provisions of this act shall, in such cases, be modified to show compliance with the provisions of this section. [Acts 1940, No. 266, § 16.] 1305.17. Dissolution.— (a) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of disso- lution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state: (1) The name of the cooperative; (2) 749 Vol. IV *::: Legal Materials the address of its principal office; (3) the date of its incorporation; (4) that the cooperative has not conmmenced business; (5) that the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses has been returned to those entitled thereto and that all easements have been released to the grantors; (6) that no debt of the cooperative remains unpaid; and (7) that a majority of the incorporators elect that the cooperative be dissolved. Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this act; (b) A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: (1) The board of directors shall first recommended that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be sub- mitted to the members of the cooperative at any annual or special meeting the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members voting thereon at such meeting; (2) Upon such approval, a certificate of election to dissolve, hereinafter designated as the “certificate” shall be executed by authentic act on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The certificate shall state: (a) the name of the cooperative; (b) the address of its principal office; (c) the names and addresses of its directors; and (d) the total number of members of the cooperative and the number of members who voted for and against the voluntary dissolution of the cooperative. The president or vice-president executing the certificate shall also make and annex thereto an affidavit stating that the provisions of this subsection were duly complied with. Such certificate and affidavit shall be submitted to the secretary of state for filing as provided in this act; (3) Upon the filing of the certificate and affidavit by the secretary of state, the cooperative shall cease to carry on its business except in so far as may be necessary for winding up thereof, but its corporate existence shall continue until articles of dissolution have been filed by the secretary of state; (4) After the filing of the certificate and affidavit by the secretary of state the board of directors shall immediately cause notice of the winding up proceedings to be mailed to each known creditor and claimant and to be published once a week for two successive weeks in a newspaper of general circulation in the parish in which the principal office of the cooperative is located; (5) The board of directors shall have full power to wind up and settle the affairs of the cooperative and shall proceed to collect the debts owing to the cooperative, convey and dispose of its property and assets, pay, satisfy, and discharge its debts, obligations and liabilities, and do all other things required to liquidate its business and affairs, and after paying or adequately providing for the payment of all its debts, obligations and liabilities, shall distribute the remainder of its property and assets among its members, and among other persons who have been members at any time during the seven years next preceding the date of such filing of the certificate, in proportion to the aggregate patronage of each such member and other person during such seven year period or, if the cooperative shall not have been in existence for such period, during the period of its existence; and (6) When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor, and all of the remaining property and assets of the cooperative shall have been distributed pursuant to the provisions of this section, the board of directors shall authorize the execution of articles of dissolution which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice-president, and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of tissolution shall recite in the caption that they are executed pursuant to this act and shall state: (a) the name of the cooperative; (b) the address of the principal office of the cooperative; (c) that the co- operative has heretofore delivered to the secretary of state a certificate of election to dissolve and the date on which the certificate was fild by the secretary of state in the records of his office; (d) that all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor; (e) that all the remaining property and assets of the cooperative have been distributed among the members in accord- ance with the provisions of this section; and (f) that there are no actions or 750 Vol. IV Acts of the Legislature º; suits pending against the cooperative. The president or vice-president executing the articles of dissolution shall also make an annex thereto an affidavit stating that the provisions of this subsection were duly complied with. Such articles of dissolution and affidavit accompanied by proof of publication required in this subsection, shall be submitted to the secretary of state for filing as provided in this act. [Acts 1940, No. 266, § 17.] 1305.18. Filing of articles.—Articles of incorporation, amendment, con- Solidation, merger, conversion or dissolution, as the case may be, when exe- cuted by authentic act shall be presented to the secretary of state for filing in the records of his office. If the secretary of state shall find that the articles presented conform to the requirements of this act, he shall, upon the payment of the fees as in this act provided, file the articles so presented in the records of his office and upon such filing the incorporation, amendment, consolidation, merger, conversion or dissolution provided for therein shall be in effect. The secretary of state immediately upon filing in his office of any articles pursuant to this act shall transmit a certified copy thereof to the recorder of mortgages or clerk of court of the parish in which the principal office of each cooperative or corporation affected by such incorporation, amendment, consolidation, merger, conversion of dissolution shall be located. The recorder of mortgages or clerk of court of any parish upon receipt of any such certified copy, shall file and index the same in the records of his office, but the failure of the secretary of state or of the recorder of mortgages or clerk of court of the parish to comply with the provisions of this section shall not invalidate such articles. The pro- visions of this section shall also apply to certificates of election to dissolve and affidavits of compliance executed pursuant to subsection (b) (2) of section 17 [$1305.17] of this act. [Acts 1940, No. 266, § 18.] 1305.19. Refunds to members.-Revenues of a cooperative for any fiscal year in excess of the amount thereof necessary: (a) To defray expenses of the cooperative and of the operation and maintenance of its facilities during such fiscal year; (b) To pay interest and principal obligations of the cooperative coming due in such fiscal year; (c) To finance, or to provide a reserve for the financing of, the construc- tion or acquisition by the cooperative of additional facilities to the extent determined by the board of directors; (d) To provide a reasonable reserve for working capital; (e) To provide a reserve for the payment of indebtedness of the co- operative maturing more than one (1) year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and payments in respect thereof requied to be made during the next following fiscal year; and (f) To provide a fund for education in cooperation and for the dis- semination of information concerning the effective use of electric energy and other services made available by the cooperative, shall, unless otherwise determined by a vote of the board of directors, be distributed by the coopera- tive to its members as patronage refunds prorated in accordance with the patronage of the cooperative by the respective members paid for during such fiscal year. Nothing herein contained shall be construed to prohibit the pay- ment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due. [Acts 1940, No. 266, § 19.] 1305.20. Disposition of Property.—A cooperative may not sell, mortgage, lease or otherwise dispose of or encumber all or any substantial portion of its property unless such sale, mortgage, lease or other disposition or en- cumbrance is authorized at a duly held meeting of the members thereof by the affirmative vote of not less than a majority of all of the members of the cooperative, provided, however, that notwithstanding anything herein contained, or any other provisions of law, (a) the board of directors may sell, lease or otherwise dispose of all or a substantial portion of such property to another cooperative authorized to transact business in the state pursuant to this act upon the authorization of a majority of those members of the cooperative 751 Vol. IV § Legal Materials present at a duly held meeting of the members thereof and (b) the board of directors of the cooperative, without authorization by the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust upon, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperatives, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to the United States of America or any instrumentality or agency thereof. [Acts 1940, No. 266, § 20.] 1305.21. Nonliability of Members for Debts of Cooperative.—The private property of the members of a cooperative shall be exempt from execution for the debts of the cooperative and no member shall be liable or responsible for any debts of the cooperative. [Acts 1940, No. 266, § 21.] 1305.22. Recordation of Mortgages and Conveyances.—Notwithstanding the provisions of any other act, upon the recordation as a mortgage on real property of any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation authorized to transact business in this state pursuant to this act, which, by its terms creates a lien upon both real and personal property then owned or after-acquired, the lien thereof shall attach to all property of such cooperative then owned, described in such mortgage, deed of trust or other instrument and to all after-acquired property described therein immediately upon the acquisition thereof by such cooperative and the lien so created shall be superior to all claims of creditors of such cooperative and purchasers of such property and to all other liens affecting such property, except liens of prior record. [Acts 1940, No. 266, § 22.] 1305.23. Waiver of Notice.—Whenever any notice is required to be given under the provisions of this act or under the provisions of the articles of incor- poration or by-laws of a cooperative, waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time fixed for the giving of such notice, shall be deemed equivalent to such notice. If a person or persons entitled to notice of a meeting shall attend such meeting, such attendance shall constitute a waiver of notice of the meeting, except in case the attendance is for the express purpose of objecting to the transaction of any business because the meeting shall not have been lawfully called or convened. [Acts 1940, No. 266, § 23.] 1305.24. Taxation.— (a) Each cooperative shall pay annually, on or before the first day of July, to the department of revenue, a fee of ten dollars ($10.00) for each one hundred (100) persons or fraction thereof to whom electricity is supplied within the state by it, but shall be exempt from all other excise and income taxes whatsoever. (b) Each cooperative organized pursuant to this act shall be classified in accordance with the permission granted by the terms of section 1 of Article X of the constitution of Louisiana and are hereby constituted a separate class for purposes of assessment and taxation and the properties of each such cooperative shall be valued by the assessing authorities for state purposes at ten per centum (10 per cent) of actual value and so listed, and such valuation and listing shall be binding for local purposes upon all subdivisions in which such property is located. (c) In the event any of the properties owned by a cooperative are trans- ferred to an individual, a partnership, a public utility, or a corporation other than one organized under the provisions of this act, the provisions of sub- sections (a) and (b) of this section 24 [$1305.24] shall not apply and said properties shall be subject to the same taxation as any other properties owned by such individual, partnership, public utilitiy, or corporation. [Acts 1940, No. 266, § 24.] 1305.25. Exemption from Jurisdiction of the Public Service Commission.— Cooperatives transacting business in this state pursuant to this act shall be exempt in all respects from the jurisdiction and control of the public service commission of this state. [Acts 1940, No. 266, § 25.] 752 Vol. IV Acts of the Legislature º: 1305.26 Securities Act Exemption.—The provisions of Act 177 of 1920, as amended, or of any statute resulting from the passage by the legislature of 1940 of Senate Bill 258 shall not apply to any note, bond of [or] other evidence of indebtedness issued by any cooperative pursuant to this act to the United States of America or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. The provisions of said act shall not apply to the issuance of membership certificates by any cooperative. [Acts 1940, No. 266, § 26.] 1305.27. Acquisition of Servitudes.—A cooperative shall acquire a servitude on an immovable, unless such immovable is owned by the federal or state government or any agency or subdivision thereof, for the operation and main- tenance of its electric transmission and distribution lines, along, upon, under or across any such immovable by virtue of the uninterrupted maintenance of such lines without the written or other consent of the owner thereof, along, upon, under or across the immovable for a period of one year; provided such servitude and operation does not interfere with the use of said property by other public utilities; provided further that in all cases where the written consent of the owner for the establishment of a servitude has been obtained and a line has been constructed along, upon, under or across the property under said consent it is not necessary that the written consent be recorded in the conveyance or other records of the parish where the property is located in order to make the servitude effective as to third parties. [Acts 1940, No. 266, § 27; 1942, No. 314, § 3; 1944, No. 238, § 2.] 1305.8 Definitions.—In this act, unless the context otherwise requires; (a) “Person” includes any natural person, firm, association, corporation, business trust, partnership, federal agency, taste or political subdivision or agency thereof, or any body politic; and (b) “Member” means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership. [Acts 1940, No. 266, § 28.] 1305.29 Construction of Act.—This act shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. [Acts 1940, No. 266, § 29.] 1305.30. Short Title. This act may be cited as the “Electric Cooperative Act.” [Acts 1940, No. 266, § 30.] 1305.31. Separability of Provisions.—If any provision of this act, or the application of such provision to any person or circumstance is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby. [Acts 1940, No. 266, § 31.] ACT 377 OF 1940 A JOINT RESOLUTION Proposing an amendment to Section 22 of Article VI of the Constitution of Louisiana, relative to the General Highway Fund of the State of Loui- siana by the addition to said Section of an additional paragraph, to be known as Paragraph (i), so as to provide ready funds for the construction, maintenance, improvement and extension of State Highways and neces- sary bridges thereon situated. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, That there shall be submitted to the electors of the State of Louisiana, for their approval or rejection, in the manner provided for by law, a proposition to amend the present Section 22 of Article VI of the Constitution of Louisiana, by the addition to said Sec- tion of an additional paragraph, to be known as Paragraph (i), and which shall read as follows: 753 Vol. IV § Legal Materials (i) That in order to provide ready funds for the construction, mainte- nance, improvement and extension of State Highways and necessary bridges thereon situated, and for other purposes hereinafter provided, the Louisiana Highway Commission, by and with the consent of the State Advisory Board, shall have, and is hereby granted, authority and power to fund into bonds of the State of Louisiana such portion of the tax on gasoline, benzine, naphtha, or other motor fuels, as defined by law, as now provided for by the Constitu- tion and statutes of the State, provided, that said bonds herein authorized to be issued and sold, shall be general obligations of the State of Louisiana, that said bonds shall mature serially as herein stipulated, and that the total amount of bonds which are hereby authorized to be so issued and sold shall not exceed the sum of Ten Million Dollars ($10,000,000); provided, further, that said bonds shall be serial bonds and shall have such maturities as may be deter- mined and fixed by said Louisiana Highway Commission, and shall be issued in such sums and denominations as said Commission may determine, but for not less than One Thousand Dollars ($1,000.00) each, and may be registered or payable to bearer, in the discretion of said Commission; provided further, that said bonds shall be issued at such time or times, in such form and with such series designations, and may contain such provisions as may be by said Commission deemed expedient for registration in the name of the holder or for the release thereof from registration, shall bear interst at a rate not exceeding five per centum (5%) per annum, shall be payable in principal at such time or times as the Commission may prescribe, beginning four (4) years after date of said bonds and running for a period not to exceed twenty-five (25) years from date of issuance, and the interest on said bonds shall be payable semi- annually. The place or places of payment of the principal and interest shall be fixed by said Commission and said bonds shall be sold to the highest bid- der at a public sale for not less than par and accrued interest, after advertise- ment at least once a week for not less than thirty (30) days by said Commis- sion in New Orleans, Chicago, New York, and such other places as said Com- mission may determine, reserving to said Commission the right to reject any and all bids, including the right to re-advertise for new bids, in accordance with the provisions herein contained. The tax now levied under the Constitution and statutes of the State, on gasoline, benzine, naphtha and other motor fuels, in the amount of four cents (4c) per gallon shall continue so long as any of the bonds issued hereunder are outstanding and said tax shall primarily be dedicated to the retirement of said bonds and the payment of interest thereon, subject always to the prior charge on said tax of the bonds issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, Act 3 of the Extraordinary Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, and Act 39 of the Regular Session of the Legislature of 1938. All of the proceeds of said four cents (4%) per gallon tax, now levied under the Constitution and statutes of the State, on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be paid into the State Treasury, as collected, in accordance with existing laws, or such laws as may hereafter be enacted with respect thereto, and shall be devoted primarily to the retirement of the principal of, and the payment of interest on, all bonds authorized to be issued hereunder, except as hereinafter provided; provided, as long as any of the bonds authorized and issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928 proposing an amendment to this Section 22 of Article VI of this Constitution which was subsequently adopted, remain outstanding and unpaid, it is hereby expressly required that one cent (1c) per gallon of the tax levied on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be collected, dedicated and set aside primarily for the payment of the principal and interest of said outstanding and unpaid bonds, and all surplus, if any, over and above the amount necessary to pay said outstanding and unpaid bonds and interest thereon, shall be dedicated and set aside for the retirement of bonds and the payment of interest on bonds issued under provisions of Act 3 of the Extraordinary Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Sesion of the Legislature of 1936, and Act 39 of the Regular Session 754 Vol. IV Acts of the Legislature º: of the Legislature of 1938, provided, further, that in addition to said excess, if any, realized from the collection of one cent (1c) per gallon of the tax levied on gasoline, benzine, naphtha and other motor fuels, as defined by law, and dedicated primarily to the payment of principal and interest on outstanding and unpaid bonds issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, subsequently adopted as an amendment to this Con- stitution, it is expressly required that the proceeds realized from the balance of the four cents (4c) tax, being a tax of three cents (3.c) per gallon, now levied under the Constitution and statutes of the State on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be collected, dedicated and devoted to the retirement of the principal of, and the payment of interest on, bonds issued under the provisions of Act 3 of the Extraordinary Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, and Act 39 of the Regular Sesion of the Legislature of 1938, subsequently adopted as amendments to this Constitution and that said three cents (3.c) per gallon tax, being the balance of the proceeds of said four cents (4c) per gallon tax, now levied under the Constitution and statutes of the State shall continue to be collected, dedicated and applied to the retirement of the principal of, and the payment of interest on, said bonds so long as any of said bonds remain out- standing and unpaid; provided further, that the surplus proceeds, if any, over and above the amount required to pay the principal of said bonds and interest thereon, realized from the four cents (4c) per gallon tax now levied under the Constitution and statutes of the State on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be declared as excess revenue and shall be credited to the Louisiana Highway Commision, in the account of the General Highway Fund. The excess revenue, if any, over and above the amount required for the retirement of principal of, and the payment of interest on, bonds issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, Act 3 of the Extra Sesion of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, and Act 39 of the Regular Session of the Legislature of 1938, subsequently adopted as amendments to this Constitution, shall be determined by the State Treasurer and shall be placed to the credit of the Louisiana Highway Commission, as herein provided. The State Treasurer shall have and exercise the right to determine said exces revenue, if any, for such periods as he, in his discretion, may deem advisable, provided that he shall not determine any funds to be excess revenue, except such funds as may have been collected which shall be on hand and in excess of the amount required to meet all necessary sums for payment of principal of, and interest on, bonds payable out of the proceeds of said four cents (4c) per gallon tax for the next ensuing year following the date of any such determination. If science or invention should reduce the use and consumption of gasoline, benzine, naphtha or other motor fuels to such an extent that the tax on such commodities be not sufficient to retire the bonds issued hereunder, then the Leg- islature shall have the authority to levy a tax upon any commodity, substance, appliance or paraphernalia, or said Legislature may impose a license upon the right to sell or make use of such commodity, substance, appliance or para- phernalia, which may be sold or used to generate or supply motor fuel or other power for transportation, to levy such tax or license, or both, as may be necessary to retire said bonds issued hereunder and interest thereon, this authority to in no wise affect the tax hereby levied on gasoline, benzine, naphtha or other motor fuels as defined by law. If, by reason of any emergency or exigency, the funds herein specifically plegded for the retirement of the principal of, and the payment of interest on, bonds authorized to be issued hereunder should prove insufficient, then the State Treasurer shall be, and he is, hereby authorized to use such other revenues of the Louisiana Highway Commission as may be necessary to pay said bonds and interest thereon. Said bonds shall be signed by the Governor, the Auditor, and the Treasurer of the State of Louisiana. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of 755 Vol. IV ſ. Legal Materials negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceeding in respect to the bonds authorized to be issued hereunder shall be necessary except such as are contemplated by this amendment, which, upon its adoption, shall be self-operative and no further or other legislation shall be required to effect the same. Out of the proceeds of said bonds herein authorized to be isued and sold, the Louisiana Highway Commission is hereby authorized to expend said funds for the construction, maintenance, improvement and extension of State High- ways and necessary bridges thereon situated, and for sponsors' funds in connec- tion with any WPA project or projects. Also out of the proceeds of the said bonds, the Louisiana Highway Com- mision is authorized to use as much of the said proceeds as may be necessary to pay the balance due on any of its obligations due or past due December 31, 1941. The powers and duties by this Paragraph (i) granted to or imposed upon any Department, Board, Commission, officer or agency of the State shall, in the event a transfer of the functions now exercised by such Department, Board, Commission, officer or agency is provided by law, devolve upon the Department, Board, Commission, officer or agency, to which such functions are transferred. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1940. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the proposed amendment to the present Section 22 of Article VI of the Constitution of Louisiana, authorizing the issuance of an additional Ten Million Dollars ($10,000,000) of bonds by the Louisiana Highway Com- In 18SIOIl. and also: AGAINST the proposed amendment to the present Section 22 of Article VI of the Constitution of Louisiana, authorizing the issuance of an additional Ten Million Dollars ($10,000,000) of bonds by the Louisiana Highway Commission. and each elector voting on said proposition for so amending said Constitution shall indicate his vote relative thereto, in the manner provided by the general election laws of the State of Louisiana. ACT 102 OF 1944 AN ACT To create and establish a System of Classified Civil Service for and with respect to the Municipal Fire and Police Services in the Municipal government of each city, town, or municipality which shall have a population of not less than thirteen thousand (13,000) persons nor more than one hundred thousand (100,000) persons; to administer, control, and regulate employment in the Classified Services; to create and establish a Municipal Civil Service Board in each municipality coming within the scope of this Act; to provide for the selection, appointment, and removal of the members of such Boards; to define and prescribe the duties, powers, and authority of the Board; to provide funds incidental to the operation of the various Boards; to provide, and to authorize the establishment of, rules for personnel administration in the Classified Services; to create and establish a State Examiner of Mu- nicipal Fire and Police Civil Service and provide for his performing certain technical and advisory functions; to define his duties and fix his salary; to make the necessary appropriations and allocate funds for his salary, traveling expenses, and for the operation of his office; to provide the method of selec- 756 Vol. IV Acts of the Legislature º: tion, appointment, and removal of the State Examiner; to define the Classi- fied Service and the Unclassified Service; to require and provide for the classifying of positions in the Classified Service; to determine the status of ex- isting employees; to prescribe the method of filling vacancies; to provide for the reduction or increase in personnel and for the regulation of the appoint- ment, promotion, transfer, demotion, reinstatement, lay off, removal, reem- ployment, and discipline of the officers and employees in the Classified Serv- ice; to provide for appeals to the Board by or against the employees in Classi- fied Service; to provide the manner of conducting hearings or investigations by the Board; to provide a method of appeal from any decision of the Board and to confer jurisdiction upon the State Courts for that purpose; to provide for the production of evidence and attendance of witnesses at hearings on investigations held by any said Board; to prohibit political activities by and extending to employees in the Classified Service; to provide certain necessary exceptions from this Act; to provide for the transfer of all records, and funds previously apprporiated and in the possession of any State agency, depart- ment, or officer, as well as all properties heretofore purchased out of funds appropriated therefor, to the State Examiner created and provided by this Act; to define the violation of any provision of this Act or of the rules law- fully adopted pursuant thereto as a misdemeanor and provide a penalty for the violation thereof; and to repeal all laws or parts of laws in conflict or in- consistent herewith and especially and specifically Act No. 253 of the Regular Session of 1940, as amended by Act No. 58 of the Regular Session of 1942 of the Louisiana Legislature. Section 1. Purpose. Be it enacted by the Legislature of Louisiana, That the purpose of this Act is to provide and guarantee to all citizens, meeting the requirements provided for in this Act or by the rules lawfully adopted thereunder, an opportunity for employment in the fire and police services in and for the mu- nicipalities included within the scope of this Act, irrespective of their religious or political beliefs; to establish and provide for the operation in and for the Mu- nicipal Fire and Police Services of the various municipalities affected by this Act a system of classified personnel administration governing the classification of positions, the appointment, promotion, transfer, demotion, reinstatement, lay off, removal, reemployment, and discipline of the officers and employees coming within the scope of the Classified Service created by this Act. Section 2. Short Title. This Act shall be known and may be cited as the Municipal Fire and Police Civil Service Law. Section 3. Definitions. The following words and phrases when used in this Act shall have the following meaning, unless the context clearly requires other- WISé : 1. “Allocation” means the official determination of the class to which a posi- tion in the Classified Service shall be deemed to pertain, as provided in this Act. 2. “Appointing Authority” means any official, officer, board, commission, council, corporation, person or group of persons having the power to make ap- pointments in the Municipal Fire and Polices Services. 3. “Appointment” means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in such position. 4. “Board” means the Municipal Fire and Police Civil Service Board. 5. “Class” or “Class of Position” means a definitely recognized kind of em- ployment in the Classified Service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and conse- quent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. 6. “Classification Plan” means all the classes of positions established under the provisions of this Act for the Classified Service. 7. “Classified Service” means each and every appointive office and position of trust or employment in the Municipal government which has as its primary duty one of the functions specifically set forth to be included in the Classified 757 Vol. IV §: Legal Materials Service by the provisions of this Act; and excludes all elective and appointive offices and positions of trust or employment which has a primary duty specifically set forth to be included in the Unclassified Service by the provisions of this Act. 8. “Demotion” means a change of an employee in the Classified Service from a position of one class to a position of a lower class which generally affords less responsibility and pay. 9. “Departmental Service” means employment in the public services offered and performed separately by each the fire and police departments of the mu- nicipality. 10. “Eligible” means a person whose name is on a list. 11. “Employee” means a person legally occupying a position. 12. “Employment List” or “List” means a Reinstatement Employment List, a Promotion Employment List, a Competitive Employment List, and a Reemploy- ment List. 13. “Position” means any office and employment in the Municipal Fire and Police Services, or two or more of them, the duties of which call for services to be rendered by one person. 14. “Promotion” means a change of an employee in the Classified Service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. 15. “Promotion Employment List” or “Promotion List” means an employ- ment list containing the names of eligible persons established from the results of Promotion Tests given for a particular class of positions which is not specifically required by this Act to be established from the results of a Competitive Test. 16. “Promotion Test” means a test for positions in a particular class which is not specifically required by this Act to be filled by Competitive Tests, admis- sion to which is limited to regular employees of the next lower class, or the next lower classes when authorized by the rules, in the Classified Service. 17. “Reemployment List” means an employment list for the entrance or lowest ranking class in the Classified Service, or in any group of classes as may have been grouped in the Classification Plan, containing names of regular em- ployees who have been laid off under the “lay off” provisions of this Act. This list shall not be applicable for persons who have resigned or have been discharged. 18. “Regular Employee” or “Permanent Employee” means an employee who has been appointed to a position in the Classified Service in accordance with this Act after completing his working test period. 19. “Reinstatement Employment List” or “Reinstatement List” means an employment list containing names of persons eligible for reinstatement in posi- tions of a class from which they have been demoted for reasons other than dis- ciplinary action. . 20. “Seniority” means the total employment computed for an employee be- ginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. Time during which an employee has served in the armed forces of the United States subsequent to May 1, 1940, shall be construed to mean continuous service and shall be included in the computation of his seniority. Total seniority in the de- partmental service, including positions of any and all classes, or seniority in any one or more given classes, may be computed for an employee; but in either case employment shall be continuous and unbroken by a resignation or discharge of the respective employee. An employee who is finally discharged or resigns from his position shall forfeit all accumulated seniority. An employee who is suspended and returns to his position immediately following the expiration of his suspension shall not forfeit his seniority accumulated to the date of his suspension, but he shall not be given credit for such lost time at any future computation. 21. “Temporary Appointment” means the appointment of an employee for a limited period of service without acquisition by the appointee of any continu- ing right to be retained beyond such period. Section 4. System of Classified Civil Service. There is hereby created and es- tablished in the Municipal government of each city, town, or municipality, which shall have a population of not less than thirteen thousand (13,000) nor more 758 Vol. IV Acts of the Legislature º: than one hundred thousand (100,000) persons as shown by the last preceding federal census, and, which shall operate and maintain a regularly paid fire and police department, a Classified Civil Service embracing the positions of employ- ment, the officers and employees of the Municipal Fire and Police Services as further provided by this Act. The Classified Civil Service so created shall be known as the Municipal Fire and Police Civil Service. (A) A Municipal Fire and Police Civil Service Board for each municipality coming within the scope of this Act shall be created, established, and empowered as further provided by this Act. (B) The office of State Examiner of Municipal Fire and Police Civil Service shall be created and established as hereinafter provided; and, the methods of selection, appointment, and removal, the duties, the domicile, the salary, and the tenure of such officer shall be established therewith. (C) Adequate annual appropriations shall be made by the Legislature to enable the State Examiner to carry out effectively the duties imposed upon him by this Act; and, adequate annual appropriations shall be made by the Governing Body of each respective municipality coming under the provisions of this Act, to enable the Board of the respective municipality to carry out effectively the duties imposed upon said Board. Section 5. Municipal Civil Service Boards. There is hereby created a Munici- pal Fire and Police Civil Service Board in the Municipal government of each city, town, or municipality coming within the scope of this Act. Each said Board shall be composed of five (5) members and shall serve without compensation. Each said Board shall have a Chairman, Vice-Chairman, and a Secretary as herein provided. The domicile of each respective Board shall be in the municipality served by such Board. (A) To be eligible for appointment or to serve as a member of a Board, a person shall be a citizen of the United States of America, a resident of the city, town, or municipality in which he is to serve for at least five (5) years next preceding such appointment, and shall, at the time of his appointment, be a qualified voter of the municipality wherein he is to serve. Any employee while serving as a member of a said Board shall hold and occupy as a regular employee a position or office lower than that of Chief, Assistant Chief, District Chief, or Battalion Chief of his department. No member of a Board shall have been, dur- ing a period of six (6) months immediately preceding his appointment, a member of any local, state, or national committee of a political party, or an officer or member of a committee in any factional or political club or organization. No member of a Board shall be a candidate for nomination or election to any public office or hold any other public office or position of public employment, except that of Notary Public, a military or naval official office, or that of a municipal fire or police department which is expressly required by the provisions of this Act. (B) The members of a said Board for any respective city, town, or munici- pality affected by this Act, except those members expressly inducted into office under the provisions of Sub-Section (E) hereof, shall be appointed by the Gov- erning Body thereof during the ninety (90) day period immediately following the effective date of this Act as follows: (1) One (1) shall pe apponited by the Governing Body upon its own nomi- nation. (2) Two (2) members shall be appointed from a list of four (4) nominees, which shall be furnished by, within thirty (30) days after receiving such request, the executive head of a legally chartered and established institution of higher education located within the respective municipality; or, if there be no such institution in the municipality, by the executive head of any such institution of the Governing Body’s choice within the State. (3) Two (2) members shall be appointed who shall be first nominated and elected by and from the regular employees of the fire and police departments as follows: One (1) member shall be elected and appointed from the fire department, and one (1) member shall be elected and appointed from the police department. An employee nominee from each said department shall be elected by secret ballot of the regular employees of his respective department at an election to be called 759 Vol. IV fl. Legal Materials and held for that purpose by the Chief of the Department. The Chief of each said Department is hereby required to call such an election within forty-five (45) days after the effective date of this Act by posting, for a fifteen (15) day continuous period immedaitely preceding such election, a notice thereof on the bulletin board of each station house of his department; and, to officially notify the Governing Body of his respective municipality within the ten (10) day period immediately following said election, the name of the employee nominee so elected by the regu- lar employees of his department. The Chief of a said Department may and shall vote in such election only in case of a tied vote. (C) The term of office for all members of a said Board shall be for a period of three (3) years, except that the first member appointed by the Governing Body of a municipality upon his own nomination shall serve for a period of two (2) years: the first employee members nominated and appointed as pro- vided above shall serve a term of one (1) year. Each member sall serve until his successor has been appointed and qualified. (D) Upon the term of office expiring for a ember of a said Board, or because of a vacancy in the office of any member thereof, the Governing Body of the respective municipality is hereby required to appoint a successor thereto in the same manner as the outgoing member was appointed; and such successive ap- pointment shall bemade within (90) days immediately following any said ex- piration or vacancy. (E) The members of the various Commissions who are serving under the provisions of Act 253 of 1940 as amended by Act 58 of 1942 of the Louisiana Legislature at the time this Act becomes effective are hereby inducted into office of member of the Board created by this Act for his municipality with the same force and effect as if they had been originally appointed and qualified under the provisions of this Act. The term of office for the respective members shall begin upon the effective date of this Act and continue for the terms established by this Act for the first and original appointees hereunder. (F) Each member shall take the oath of office before entering upon the duties of his office and such oath shall include a statement to uphold the consti- tution and laws of the State of Louisiana and of the United States of America; to administer faithfully and impartially the provisions of this Act and the rules which may be or have been adopted under the authority of this Act. (G) Any mmber of a Board shall be liable to removal from office by judg- ment of the District Court of his domicile for high crimes and misdemeanors in office, incompetency, corruption, favoritism, extortion, or oppression in office, or for gross misconduct or habitual drunkenness. The District Attorney of the Dis- trict wherein the Board member resides may institute such suit, and shall do so upon the written request, specifying the charges, of twenty-five (25) citizens and taxpayers of the municipality of which the Board member is a resident. The District Attorney is directed to associate in the diligent prosecution of such suit any attorney selected and employed by the said citizens and taxpayers. (H) The Governing Body of each municipality affected by this Act is here- by required to advise, within and not later than the expiration of the ninety (90) day period provided by this Act for the appointment of the Board members, each appointee of his appointment and term of office as a member of the said Mu- nicipal Fire and Police Civil Service Board; and, an official record thereof shall be placed in the official minutes of the said Governing Body. (I) The original members of each respective Board shall meet, within thirty (30) days after their appointment, in their first official meeting; take the oath of office, elect a Chairman and Vice-Chairman of the said Board; and transact any other business pertinent at that time. The oath of office shall be admin- istered by the City Clerk or by any other person having the legal authority to administer such oaths. The first Chairman, Vice-Chairman, and all of their successors, shall be elected by the members of said Board. The term for which either the Chairman or Vice-Chairman shall serve as such, shall run concurrently with that for which the respective officer was appointed a member of the said Board; except the term of either officer shall terminate upon death of the incumbent; or should the respective incumbent resign from either or both his respective office or as a jºber of the Board; or should he be removed from said Board according to 3W. 760 Vol. IV Acts of the Legislature º: (J) At the discretion of the Board, the office of Secretary shall be filled: by electing one of its members thereto; or, by appointing the City Clerk or Secre- tary-Treasurer of the municipality to fill such office ex officio; or, by employing and paying on a part-time basis any other person a salary not to exceed twenty dollars ($20) per month; or, by requiring the State Examiner to act in such capacity; provided, however, the Board may terminate the term of office of any person serving as its Secretary at any time it may so desire. No person serving as Secretary of a said Board, except a member thereof, shall have the right to vote in its proceedings. The Secretary shall attend the meetings of the Board; keep a record of its proceedings; attend to correspondence directed to him, and such other correspondence as may be ordered by the Chairman; perform such other functions as may be assigned to him by the Board; and, to cooperate with the State Examiner in a manner that will assist said Examiner to carry out ef- fectively the duties imposed upon him by this Act or those functions which may be requested of him by the Board. (K) A Board shall meet at any time after its original meeting upon the call of the Chairman, provided, all members of the said Board are given due notice thereof. The Chairman of each respective Board is hereby directed and required to call, and the members of said Board are hereby required to attend, one regular meeting of the said Board within each quarterly period of each calendar year; if a Chairman fails or refuses to call such quarterly meeting of his Board, the mem- bers of the said Board are hereby required to meet upon the written call of any two (2) members who may desire to issue such call, provided the written call by any two (2) members of said Board shall be mailed ten (10) days in advance of such meeting. Four members of a said Board shall constitute a quorum, and the concurring votes of any three (3) members comprising the quorum of a said Board shall be sufficient for the decision of all matters to be decided or transacted by a said Board under or by virtue of the provisions of this Act. Meetings of the respective Board shall be opened to the public. Section 6. Duties of each Board. In addition to the duties imposed upon the Boards elsewhere in this Act, it is hereby provided that each Board shall: (1) Represent the public interest in matters of personnel administration in the fire and police services of the said Municipal government. (2) Advise and assist the Governing Body, Mayor, Commissioner of Public Safety, and the Chiefs of the fire and police departments of said municipality, with reference to the maintenance and improvement of personnel standards and administration in the fire and police services, and the Classified System therein established by the provisions of this Act. (3) Advise and assist the employees in the Classified Service with reference to the maintenance, improvement, and administration of personnel matters as may be related to any individual or group of the respective employees. (4) Make at the direction or request of the Mayor, Commissioner of Public Safety, Chief of either the fire or police department, or upon the written petition of any citizen for just cause, or upon its own motion, any investigation concern- ing the administration of personnel or the compliance with the provisions of this Act in the said Municipal Fire and Police Services; to review, and modify or set aside upon its own motion, any action by the Board; or take any other action which the Board may determine to be desirable or necessary in the public inter- est, or to carry out effectively the provisions and purposes of this Act. (5) Conduct investigations and pass upon complaints by or against any of- ficer or employee in the Classified Service for the purpose of demotion, reduction in position or abolition thereof, suspension or dismissal of such officer or em- ployee, in accordance with the provisions of this Act. (6) Hear and pass upon such matters as the Mayor, Commissioner of Public Safety, and the Chiefs of the departments affected by this Act, may from time to time bring before the Board for determination. (7) Hear and pass upon such matters as the State Examiner of Municipal Fire and Police Civil Service may from time to time bring before the Board for determination. (8) Make, alter, amend, and promulgate rules necessary to carry out ef- fectively the provisions of this Act. 761 Vol. IV fl. Legal Materials (9) Adopt and maintain a Classification Plan in accordance with the provi- sions of this Act. Such Classification Plan shall be adopted and maintained by rule of the Board. (10) Make reports to the Governing Body, either upon its own motion or upon the official request of said Governing Body, regarding general or special matters of personnel administration in and for the Municipal Fire and Police Services of said municipality, or with reference to any appropriation made by the Governing Body for the expenses incidental to the operation of said Board. Section 7. Rules. Each Board created by this Act is hereby authorized to adopt and execute such rules, regulations, and orders as it may consider necessary or desirable to effectively carry out the provisions of this Act, and shall do so when expressly required by this Act. No such rule, regulation, or order shall be contrary to, or in violation of, any provision, purpose, or intent of this Act; or contrary to any other provision of law. The Board may amend or repeal any such rule or part thereof in the same manner provided herein for the adoption of such rule. All such rules shall be applicable for both the Fire and Police Classi- fied Services; except, any said rule may, by express provisions therein, be made applicable for only one of the said services. (A) A said Board may adopt any rule, either in its proposed or revised form, after the Board shall hold a public hearing at which any municipal officer, employee, private citizen, and the State Examiner shall be given an opportunity to show cause why the proposed rule, amendment, or any part thereof should not be adopted. Before the Board shall hold any such public hearing, it shall furnish at least thirty (30) days in advance thereof a notice of the date, time, and place therefor to the Mayor, Commissioner of Public Safety, and to any other Municipal Commissioner whom the rule may in any way affect, the Chief, and each station of the departmental service to be affected by the adoption of any such rule, and to the State Examiner. A copy of all proposed rules to be dis- cussed at any said hearing shall be furnished with all such notices therefor. Each such notice and copy of proposed rule furnished the various stations of a respec- tive department shall be posted upon the bulletin board of each station for a period of at least thirty (30) days in advance of said hearing. (B) Within thirty (30) days after the Board shall have adopted any such rule, whether it be a new rule or amendment to an existing rule, or an abolition in whole or part thereof, it shall furnish an official copy thereof to all persons and places set forth above to be advised of the hearing required before the adop- tion of said rule. (C) Rules adopted under the authority provided by this Section shall have the force and effect of law. Section 8. State Examiners of Municipal Fire and Police Civil Service. There is hereby created and established in the State government the office of State Ex- aminer of Municipal Fire and Police Civil Service, which office shall be filled by the appointment thereto of a resident and qualified voter of the State of Louisi- ana, as hereinafter provided. (A) The State Examiner of Municipal Fire and Police Civil Service shall be a person who has had experience in the field of personnel administration; and shall come within and be bound under and amenable to the Classified Service of the State as established and existing under the provisions of Act 172 of 1940 as amended; except no pay plan thereunder shall be applicable to the said State Examiner. He shall be subject to removal or other disciplinary action by the State Civil Service Commission only for a good and sufficient cause set forth in written charges filed with the Commission by any one of the Municipal Fire and Police Civil Service Boards created by this Act, and only after a public hearing by the State Commission to be held in accordance with rules to be adopted by the said Commission. (B) The State Civil Service Commission shall exercise no administrative control over the State Examiner of Municipal Fire and Police Civil Service. Its functions and powers relating to this office shall consist solely of the right of appointment, hearing of charges for removal or other disciplinary action legally brought against the incumbent of the office, and the ordering of his removal or the rendering of such other judgment of a disciplinary nature as it may deem proper after a hearing. 762 Vol. IV Acts of the Legislature º: (C) The person exercising the functions of Chief Examiner of Municipal Fire and Police Civil Service under the direction of the State Director of Personnel on the effective date of this Act is hereby transferred and inducted into office as the State Examiner of Municipal Fire and Police Civil Service without any further tests of fitness, and, thereafter, shall be the State Examiner of Municipal Fire and Police Civil Service, with full Civil Service status, subject to the provisions of Act 172 of 1940 as amended, without any supervision, direction or control of the State Director of Personnel. (D) When a vacancy occurs in the office of the said State Examiner, the State Civil Service Commission shall make a provisional appointment of any per- son it deems qualified to fill the vacancy until a competitive examination can be given by and under the direction of the State Civil Service Commission; and until a list of persons eligible for appointment to the office can be established. As soon as such list can be and is established, the State Civil Service Commission shall appoint one of the three persons ranking highest upon said eligible list to fill the office; and the person thus appointed shall serve a working test period of six (6) months which shall be considered a portion of the examination. At the termination of such working test period, if successfully completed, the appointee shall become a regular employee as defined in the State Civil Service Law and subject and amenable thereto to the same extent as the original State Examiner as hereinbefore set forth; and may be subjected to removal or other disciplinary action by the State Civil Service Commission only for a good and sufficient cause set forth in written charges filed with the Commission by any one of the Mu- nicipal Fire and Police Civil Service Boards created by this Act, and only after a public hearing by the State Commission to be held in accordance with rules to be adopted by the State Civil Service Commission. (E) The State Examiner shall maintain a suitable office in the City of Baton Rouge; and, it shall be the duty of the officer or officers charged by law with the custody of State buildings to assign suitable office space to the said Examiner. (F) The State Examiner shall appoint such employees as may be necessary for him to carry out effectively the duties imposed upon him by this Act. All of the employees appointed by the State Examiner, except persons employed on a temporary basis to conduct or assist in giving examinations, shall be selected by him after certification to him by the State Department of Civil Service of names from eligible lists established by the State Department of Civil Service; and they shall, in all other respects, be covered by the provisions of Act 172 of 1940, as amended, and the rules and regulations legally adopted by the Department of State Civil Service. (G) The State Examiner shall serve on a full-time basis; and he shall receive and be paid a salary of forty-two hundred dollars ($4,200) per year; and, he shall be paid for his traveling, and living expenses while away from the City of Baton Rouge. (H) The State Examiner shall take the oath of office and furnish bond for the faithful performance of his duties according to law in the sum of five thousand dollars ($5,000). The premium of said bond shall be paid from the funds appropriated to the State Examiner. The said State Examiner of Municipal º: and Police Civil Service shall be ex-officio a Notary Public for the State at large. (I) The State Examiner may obtain on a contractural or fee basis such services as his office is unable to supply and which are necessary for his com- pliance with the provisions of this Act. (J) In addition to the duties imposed upon the State Examiner of Municipal Fire and Police Civil Service by other provisions of this Act, it shall be his duty: (1) To assist the various Boards in an advisory capacity in the discharge of their duties. (2) To prepare and submit a Classification Plan to each said Board for its approval, after consultation with the Appointing and Departmental Authorities of the Departmental Service for which a said plan shall be prepared and sub- mitted, as provided in Section 11 of this Act. (3) To prepare and administer tests of fitness for original entrance and promotion to applicants for positions in the respective Classified Service of the municipalities covered by this Act, and to score such tests and furnish the results thereof to the Board for which the tests are given. 763 Vol. IV fl. Legal Materials (4) To cooperate with the Secretary of each Board in maintaining a roster of all Fire and Police Civil Service employees in which shall be set forth the name of each employee; the class title of position held; the salary or other compensation; any change in class title; and any other necessary data. (5) To act as Secretary of any said Board requesting such service. (6) To assist and cooperate in an advisory manner with the various Ap- pointing Authorities, Department Officers, and the Classified Employees, of the municipalities covered by this Act, regarding the duties and obligations im- posed upon them by the provisions of this Act. . (7). To encourage employee training in the Classified Service created by this Act, and, when possible to attend such training courses or parts thereof. (8) To make annual or biennial reports regarding the work of his office to the Governor. Section 9. Positions in the Classified and Unclassified Service. The Classified Service shall comprise every position, except those included in the Unclassified Service, to which the right of employee selection, appointment, supervision, and discharge therein is vested in the Municipal government or with an officer or employee thereof, and which has as its primary duty and responsibility one of the following: (Fire) (1) The Chief and Assistant Chiefs; the intradepartmental division, bureau, squad, platoon and company officers of the Fire Department. (2) Fire fighting. (3) Fire prevention; inspection. (4) Driving, tillering, and operation of fire apparatus. (5) Operations and maintenance of radio, fire alarm, or signal system. (6) Fire department instructors in employee training. (7) Fire salvage and overhauling services; and first aid. (8) Automotive or fire apparatus repairs, if such service is operated exclu- sively by and for either or both the fire or police department. (9) Secretary to the Chief. Departmental Records Clerk. (Police) (1) The Chief and Assistant Chiefs; the intradepartmental division, bureau, squad, platoon and company officers of the Police Department. (2) Law enforcement. (3) Crime prevention; identification; inspection; and investigation. (4) Police headquarters desk service; jailer, and police matron. (5) Operations and maintainence of radio, police alarm, or signal system. (6) Police department instructors in employee training. (7) Police control of traffic (Vehicular and pedestrian.) (8) Automotive or police apparatus repairs, if such services is operated exclusively by and for either or both the police or fire department. (9) Secretary to the Chief. Department Records Clerk. (A) The Unclassified Service shall comprise the following: (1) All officers, employees, and positions of employment in the Municipal government, not having as a principal duty one of the duties hereinabove provided in the Classified Service. (2) Officers elected by popular vote and persons appointed to fill vacancies in elective offices. (3) Secretaries, stenographers, and all clerical positions not specifically in- cluded in the Classified Service. (4) Pound keepers; dog catchers; janitors; porters; elevator operators; chefs, kitchen helpers and workers; mechanics helper and car washers; unskilled labor; special guards at schools; or any part-time, or temporary employee. 764 Vol. IV Acts of the Legislature *. (5) Any position of employment, the duties of which are included herein- under the Classified Service, to which the right of employee selection, appoint- ment, supervision, and discharge therein is vested in and with those other than the Municipal government or an officer or employee thereof. Section 10. Status of Employees at the Time of Taking Effect of this Act. Every person employed in the Municipal Fire and Police Services of the munici- palities coming within the scope of this Act who has been employed in the service for a continuous period of at least six (6) months immediately preced- ing the effective date of this Act, and who holds status by regular and permanent appointment to a position which comes under the Classified Service created by this Act is hereby inducted into and bound under the Classified Service, the provisions of this Act, and the rules to be adopted thereunder; provided, how- ever, any person subject to the classification and allocation of positions here- under, who, at the time this Act becomes effective, is serving an uncompleted probationary period following an appointment made in accordance with the provisions of Act 253 of 1940 as amended by Act 58 of 1942 shall be permitted to continue under the Working Test or Period of Probation provisions of this Act with the same effect and subject to the same conditions as if he had been certified and appointed under the provisions of this Act. (A) Any regular and permanent employee who left a position of the Depart- mental Service, which now comes within the Classified Service, subsequent to May 1, 1940, (the original date by the Federal Selective Training and Service Act of 1940, 54 Sta. 89, 55 Stat, 627) and entered the armed forces of the United States of America shall be restored to his position and, thereafter, be subject to the rights and jurisdiction of the Classified Service created by this Act; provided any such employee shall make application therefor to the Ap- pointing Authority within sixty (60) days from the date of his honorable dis- charge or discharge under honorable conditions, and is physically and mentally capable of performing the work of his position to the satisfaction of the Appoint- ing Authority. Section 11. Classification Plan. Each Board, as soon as practicable (not to exceed a period of eighteen (18) months) after this Act becomes effective, shall adopt a Classification Plan for each of the Fire and Police Services of its said municipality as hereinafter provided. Each said Classification Plan shall consist of classes to be designated either by standard titles, ranks, or a combination thereof, for all positions included in the Classified Service for each of the said Fire and Police Services; and, any such Classification Plan may be divided into groups of classes. The various classes of positions shall be arranged in each Classification Plan so as to show the principal and natural lines of promotion and demotion. Such Classification Plans shall be adopted by rules of the Board, in the manner provided by this Act for the adoption of said rules. Rules creat- ing the Classification Plans, future classifications, abolition of any classification, any amendment thereto, or revision thereof shall be adopted by a said Board only after consultation with the Appointing Authority, and the State Examiner, as provided by this Act. The original Classification Plans to be established under the provisions of this Act shall be prepared, after consultation with the Appoint- ing Authority, and submitted to the Board for its approval and adoption by the State Examiner; provided, however, the Board may, if it deems such action advisable, amend or revise such Classification Plans before its final adoption thereof. The State Examiner shall advise and assist the Board in all future classifications when requested to do so. Section 12. Allocation of Position to Classes. The Board, or Chairman thereof subject to the subsequent approval of said Board, as soon as practicable (not exceeding forty-five (45) days) after the adoption of a classification, here- under, after consultation with the Appointing Authorities concerned, shall allocate each position in the Classified Service to its appropriate class; and thereafter shall likewise allocate each new position created in such service; and, when for the benefit of the service, reallocate positions from class to class. (A) Whenever the duties of a position are so changed by the Appointing Authority that the position in effect becomes one of a different class from that to which it is allocated, such change shall operate to abolish the position and to create a new position of such different class. 765 Vol. IV i. Legal Materials (B) Whenever the Board finds any change in the duties of any position in the Classified Service was brought about by the Appointing Authority to effect a reduction in the classification of any employee because of political, religious, or discriminatory reasons, or without just cause, it shall refuse to recognize any such action; and, thereupon, shall order the Appointing Authority to con- tinue such employee in the said position and class with all rights and privileges thereunder. Section 13. Use of Class Titles. The title of each class shall be the official title of every position allocated to the class, for all purposes having to do with the position as such, and shall be used to the exclusion of all others on pay rolls, budget estimate, and official records and reports, pertaining to the position, pro- vided that any abbreviation or code symbol approved by the Board may be used to designate a position of a class; and provided further that any other title satisfactory to the Appointing Authority may be used in official correspondence and in any other connection not having to do with the personnel processes covered by this Act. No employee shall be appointed, employed, or paid under any title other than that of the class to which the position occupied by him is allocated. Section 14. Status of Incumbent of Position When Allocated. When any position is first allocated hereunder, or is reallocated to a different class to correct an error in its previous allocation, or because of a change in the duties of a position which has the effect of abolishing such position and creating a new position of another class, the employee in such a position shall be entitled to continue to serve therein, with the status and all the rights and privileges he would have had under this Act if he had been originally appointed by examina- tion and certification hereunder to a position of the class to which such position has been allocated or reallocated; provided, however, such employee may be transferred without further tests of fitness or certification to any position of the class to which the position was previously allocated while held by such employee. (A) Any employee who feels himself aggrieved because of any allocation, or change in classification, including or affecting his position shall, upon his request, be heard thereon by the Board; and the Board shall hear and decide any such complaint in any manner it may deem proper. Section 15. Methods by Which Positions in the Classified Service May Be Filled. When filling vacancies in positions in the Classified Service, the filing of such vacancies shall be done in accordance with the provisions of this Act by one of the following methods: (1) Demotion (2) Transfer (3) Reinstatement (4) Promotional Appointment (5) Competitive Appointment (6) Reemployment (7) Temporary Appointment (A) A vacancy shall be deemed to be filled under any of the methods specified above, and employment thereunder to become effective, as of the date on which the employee enters upon the duties thereof in accordance with the provisions of this Act. ) Section 16. Demotion. Demotions of regular employees may and shall be made by the Appointing Authority when it becomes necessary to reduce the number of employees in the Classified Service or of any class therein. Demotions from any respective class, except for disciplinary action or because of the aboli- tion of an entire class in the Classified Service, shall be made by demoting employees from lowest to highest in point of total seniority earned in positions of the class plus that earned in any higher classes in the Classified Service. The names of regular employees demoted for any reason, except for disciplinary action, shall be recorded upon the Reinstatement List for the class from which they are demoted in the order in which the demotions are made. 766 Vol. IV Acts of the Legislature º: Section 17. Transfer. Any employee may be transferred from any position in the Classified Service to any other position of the same class within the said Classified Service, and, at the pleasure of the Appointing Authority without notice to and confirmation by the Board. (A) Any regular employee so transferred is herewith given the right of appeal to his Board, only upon the grounds that his transfer was made to a position not included within the class to which his position was previously allocated; or that such position to which he has been transferred is not included within the Classified Service; or the said transfer was made to deliberately discriminate against him. Section 18. Reinstatement and Reemployment. Each employee who, during or at the expiration of his Working Test Period of Probation following his promotion after being certified from an appropriate employment list, shall have been rejected and refused permanent status in the position and class to which he was promoted shall be automatically reinstated to the position from which he was promoted without his name being placed upon any list. (A) All employees whose names appear upon the Reinstatement List for a respective class shall be reinstated in a position thereof, or given the denial of such appointment, in the reverse order from which their names were placed upon such list for the said class, before any other employment or appointment shall be made therein. (B) All employees whose names appear upon the Reemployment List for a said class from which they were laid off according to the provisions of Section 27 of this Act shall be reemployed in a position thereof, or given the denial of such appointment, in the reverse order from which their names were placed upon the list for the said class, before any other employment or appointment shall be made therein. (C) Any regular employee who resigns from a position in the Classified Service subsequent to the effective date of this Act may, at the discretion of the Appointing Authority and with the prior approval of the Board, be reem- ployed in a position of the said class or in a position of any lower class for which he is qualified; provided, that any such reemployment shall be made within four (4) years of the date of resignation; and, that no person whose name appears upon either the Reinstatement, any Employment, or Reemployment List for a class to which any such person may be reemployed is willing to accept an appointment therein; and, any person who may be so reemployed shall be physically fit to perform the duties of the position in which he may be so appointed; and, that he shall furnish a favorable medical certificate to the Appointing Authority and the Board after a recent examination by a practicing physician. Section 19. Establishment and Maintenance of Employment Lists. The Board shall establish and maintain Employment Lists containing names of persons eligible for appointment to the various classes of positions in the Clas- sified Service in accordance with the provisions of this Act and as follows: (A) Names of regular employees who are demoted from any said class for a reason other than for disciplinary action shall be placed upon the Rein- statement List for the class from which said employees were demoted in the order in which the demotions were made therefrom, (B) Only the names of regular employees who have been laid off in ac- cordance with the provisions of Section 27 of this Act shall be eligible for entry upon the Reemployment List. The names of such persons shall be entered upon the said list for the class from which they were laid off in the order in which such lay offs were made. (C) Upon a name being placed upon either the Reinstatement or the Reemployment List in accordance with the provisions of this Act, it shall remain thereon for a period of four (4) years; provided, however, the Board may, at its discretion, remove the name of any person therefrom who refuses an offer of employment following a certification from either said list. Names of persons attaining a passing score on a Promotion Test adminis- tered under the provisions of this Act shall be placed upon the Promotion Employment List for the class for which they were tested, from highest to 767 Vol. IV fl. Legal Materials lowest, according to their total seniority in the Departmental Service. The names of persons attaining a passing score on a Competitive Test administered under the provisions of this Act shall be placed upon the Competitive Employ- ment List for the class for which they were tested, from highest to lowest, according to their final test scores. (D) Any person whose name is placed upon the Competitive Employment List for the entrance or lowest ranking class in the Classified Service who has served in the armed forces of the United States of America during the times of war, and has been honorably discharged or discharged under honorable condi- tions, shall have added to his final test score a total of five (5) points at the time of placing his name upon said list. Sufficient proof of such service and honorable discharge shall be ascertained by the Board in any manner it may deem advisable. (E) The minimum and maximum period for which a name may remain upon a Promotional and a Competitive Employment List shall be twelve (12) and eighteen (18) months respectively for each list. (F) The Employment Lists for which eligibles are obtained from the results of tests given for that purpose shall be reestablished in the same manner, and as further provided by this Act. (G) When new names are to be placed upon a Promotion List for a given class, the remaining names thereon shall be rearranged with the new names so that all names appearing upon the list for the class shall rank, from highest to lowest, according to total seniority in the Departmental Service for the persons whose names appear thereon. When new names are to be placed upon a Com- petitive List for a given class, the remaining names thereon shall be rearranged with the new names so that all names appearing upon the list for the class shall rank, from highest to lowest, according to their final test scores.” Section 20. Tests. The Board shall provide through the State Examiner for tests to determine the eligibility of applicants for entry upon the Promo- tional and Competitive Employment Lists. Such tests shall be held as herein- after provided. (A) Official Notice of Examination shall be posted on the bulletin board in each station of the respective department. Such notice shall contain the class of positions for which tests will be given; and advise whether such test or tests will be given on a Promotional or Competitive basis; also the final date on which applications for admission to a test will be received. Such notice shall be posted for a continuous period of thirty (30) days preceding the date for administering said tests. In addition to such posted notice, public notice for all tests to be given on a Competitive basis shall be published at least four (4) times during the said thirty (30) day period in the official journal of the municipality in which such tests are to be held. Such Notice of Examination may not necessarily reveal the exact date on which tests shall be administered, but all applicants shall be advised the date, place, and time to report for an announced test at least five (5) days in advance thereof in any manner the Board may prescribe. (B) All tests shall be restricted to those matters which will fairly test the relative capacity and fitness of the candidates to discharge the duties charac- teristic of positions of the class to which they seek to be appointed. Tests may include written or oral questions, trials in the performance of work characteristic of the class, inquires into facts relating to education, experience or accomplish- ments in specialized lines of endeavor, or any combination of these and other elements duly related to the purposes of the tests. Any such test shall be the same, and shall be administered in the same manner to each person comprising a group of candidates being tested at a given time for the same class of em- ployment. No question shall be so framed as to elicit information concerning the political, factional, or religious opinions or affiliations of any applicant. (C) Seventy-five (75) per cent shall constitute a passing score for all tests administered under the provisions of this Act. (D) Promotional Tests for positions in the various classes in the Classified Service, except those classes in which positions shall be filled only from the Competitive List, may be held as the needs of the service require, but must be given at least one time during each successive period of eighteen (18) months. 768 Vol. IV Acts of the Legislature º: (E), Competitive Tests shall be held only as the needs of the service require and shall only be given for classes comprising the following duties or positions: (1) Chief of the Departmental Service. (2) The entrance or lowest raking class in the Classified Service. (3) The entrance or lowest ranking class in any group of classes; provided the various classes have been divided into groups by the Classification Plan. (4) Operations, maintenance, and supervision of radio, fire alarm, police alarm, and other signal systems. (5) Automotive or five apparatus mechanics and repairmen. (6) Secretary to the Chief; Departmental Records Clerk. (7) For a position in any class in the Classified Service after reasonable efforts by preceding methods provided by this Act have failed to produce names of persons eligible for regular appointment thereto. (F) All tests required by this Act shall be prepared, administered, and scored by the State Examiner in accordance with the provisions of the Act. The results of the tests shall be furnished the said Board for which such tests shall have been held as soon as practicable after the tests have been adminis- tered. All tests questions, answers, and papers shall at all times be kept in the custody of the State Examiner, and shall be produced by him and exhibited by him at the domicile of any Board upon their written request. (G) The Board for which any such tests is administered may, at any time up to six (6) months after receiving the results thereof from the State Examiner, receive and review any or all parts of the tests and the methods used in the grading thereof, in order to determine whether or not the test was a fair and reasonable one and was fairly graded. If, after the Board reviews any said test and consults with the State Examiner, it concludes that any item or parts of any said test was unfair or unreasonable or finds errors in the grading thereof, it may, at its discretion, cause a re-grading of such test and, thereupon, correct or establish the appropriate employment list in accordance with such revised ratings; or, if it finds that a fair rating can be determined only from an entire new test, it may cause a new test to be given to all persons taking the previous test; and, thereupon, establish a new employment list for the class from the result of such new tests. (H) Each applicant who makes a passing score on a test administered under the provisions of this Act shall be advised, in any manner the Board may prescribe, of his final grade and relative standing on the list appropriate for the class for which he was tested. Section 21. Admission to Tests and Rejection of Applicants. Admission to tests offered and administered under the provisions of this Act shall be as follows: (A) Admission to a Promotional Test shall be limited to regular employees of the class next lower from that for which they are to be examined; provided, however, the rules may provide for admission to be extended to applicants from any one or more of the next lower classes. (B) Admission to Competitive Test shall be open to all persons who meet the requirements provided by this Act and the rules lawfully adopted thereunder. (C) Any applicant admitted to a test provided by this Act shall be a citizen of the United States of America; and, if of legal age, shall be a qualified elector of the State of Louisiana. (D) Special requirements or qualifications for admission to tests, or for eligibility for appointment, such as age, education, physical requirements, etc., may be established by rules of the Board, in the manner provided by this Act for the adoption of rules, after consultation with the Appointing Authority; provided, however, any applicant must be, at the time of his appointment to a position in the Classified Service, of good health, good moral character, and of temperate and industrious habits. (E) The Board may reject the application of any person for admission to tests of fitness, or refuse any applicant to be tested; or may cancel the eligibility of any eligible on any employment list, who is found to lack any of the quali- fications prescribed; or those which may be legally prescribed, as requirements 769 Vol. IV fl. Legal Materials for admission to the tests for the class for which he has applied; or who is physically unfit to perform effectively the duties of a position of the class; or who is addicted to the habitual use of drugs or intoxicating liquors to excess; or who has been adjudged guilty of a crime involving moral turpitude or in- famous or notoriously disgraceful conduct; or who has been dismissed from the respective service for delinquency or misconduct; or who has made a false state- ment of any material fact; or has practiced, or attempted to practice, deception or fraud in his application, or in his tests or otherwise in securing eligibility for appointment or attempting so to do. Any such facts shall also be considered cause for removal of any employee. The Board shall reject any application filed after the time fixed for closing receipt of applications as announced in the public notice of the tests. Section 22. Appointment to Positions of Persons Certified from Lists. Cer- tification for Appointment. Whenever the Appointing Authority proposes to fill a vacancy in the Classified Service, except by demotion, transfer, emergency appointment, or by substitute employment not to exceed (30) days, he shall request the Board to certify names of persons eligible for appointment to such vacant position; and the Board shall, thereupon, certify in writing the names of eligible persons from the appropriate employment list as hereinafter provided; No such certification shall be valid for more than thirty (30) days following the date thereof; and the Appointing Authority shall, if he fills said vacancy, make such appointment as hereinafter provided. (A) The Board shall first certify the name of the person appearing upon the Reinstatement List who is eligible for the first Reinstatement in the class of the vacant position. The name of this person and all others appearing upon the Reinstatement List for the class shall be certified and offered the appointment in the order provided by Subsection (A) of Section 18 of this Act, before the vacancy shall be filled by any subsequent method provided by this Act. The Appointing Authority shall appoint to said vacant position the first person so certified to him who is willing to accept the appointment. If the position is one of a class from which lay offs have been made as provided by Section 27 of this Act, the names of eligible persons appearing upon the Reemployment List for the class shall be certified and offered the appointment in the order provided by Subsection (B) of Section 18 of this Act, before any other appointment shall be made thereto. (B) After a vacancy cannot be filled by Reinstatement, or by Reemploy- ment as above provided, the Board shall next certify the names of the persons upon the Promotional List, in the order in which they appear thereon, for the class in which the vacancy is to be filled. The Appointing Authority shall select and appoint to the first said vacancy to be filled the one person certified to him who has the greatest seniority in the Departmental Service. Any remaining position or positions to be filled in the same class shall be filled by appointing to each such successive vacancy the one of the remaining persons certified therefor who has the next highest seniority in the Departmental Service. If any one or more persons so certified should refuse such appointment, the Appointing Author- ity shall then select and appoint one of the persons certified by the Board with the next highest seniority in the Departmental Service. This procedure shall be followed until the position has been filled by appointing thereto the one person who has the greatest seniority in the Departmental Service, and who is willing to accept the appointment; or until each person whose name appears upon said list, has in this order been certified and offered the appointment for the vacancy. (C) Certification and appointment from the Competitive List shall be limited to those conditions and classifications for which the Competitive Test may be given as provided by Sub-section (E) of Section 20 of this Act. Upon the Appointing Authority’s request for the certification of eligible persons from which he may fill a said vacancy, and the Competitive List is the appropriate list from which the names of eligible persons shall be certified, the Board shall certify the names of the persons upon the said list, in the order in which they appear thereon, for the class in which the vacancy is to be filled. The Appoint- ing Authority shall select and appoint to the first vacancy to be filled, any one of the persons so certified to him for the vacancy. If any one or more persons so certified should refuse such appointment, the Appointing Authority shall then select and appoint any one of the remaining persons so certified by the Board 770 Vol. IV Acts of the Legislature º: This procedure shall be followed until the position has been filled by appointing thereto one of the persons certified from said list and willing to accept said appointment; or until each person whose name appears upon such list has in this manner been certified for the vacancy. (D) Appointment to any position in the Classified Service from which the regular employee thereof is away on an authorized leave of absence shall be made in accordance with the provisions of Section 24 of this Act. (E) The Appointing Authority shall advise the Board within fifteen (15) days following the filling of a said vacancy, the name of such person appointed thereto, and the date on which he was inducted therein. Section 23. Working Test of Period of Probation. Every person appointed to a position in the Classified Service following the certification of his name from a Promotional or a Competition Employment List, except those appointed on a temporary basis, shall be tested by a Working Test while occupying such position; and, before he may be confirmed as a regular and permanent employee in the position to which he has been appointed. (A) The period of such Working Test shall commence immediately upon appointment and shall continue for a period of not less than six (6) months nor more than one (1) year; provided, however, any such employee who has served at least three (3) but less than six (6) months of his Working Test for any given position may be removed therefrom only with the prior approval of the Board, and only upon the grounds that said employee is unable or unwilling to perform satisfactorily the duties of the position to which he has been ap- pointed; or that his habits and dependability do not merit his continuance therein. Any such employee shall have the right, if he so desires, to appear before the Board and present his case before he may be so removed. (B) Upon any employee completing such Working Test, the Appointing Authority shall advise the Board and furnish a signed copy thereof to the respective employee of its confirmation and acceptance of said person as a regular and permanent employee in the respective position, or of its refusal to confirm such person and the reasons therefor. If at the expiration of an employee's Working Test period, which shall not exceed one (1) year, the Appointing Authority fails to confirm or reject said employee, such failure to act shall constitute a confirmation thereof. Any employee who is rejected after serving a Working Test of six (6) months but not more than (1) year, any appeal to the Board only upon the grounds that he was not given a fair opportunity to prove his ability in such position. (C) An employee who, during or at the expiration of his Working Test or Period of Probation following his promotion after certification from an appropriate employment list, shall have been rejected and refused statuts as a regular and permanent employee in the position to which he was promoted shall be automatically reinstated to the position from which he was so promoted. (D) The Appointing Authority may remove, and shall do so upon the order of the Board, any employee during his Working Test period who the Board finds, after giving him notice and an opportunity to be heard, was appointed as a result of an error, misrepresentation, or fraud. (E) In any event whereupon an employee is permitted under this section to appeal to the Board, the decision of the Board shall be subject to the judicial review provided by this Act and the Appointing Authority and employee shall be governed accordingly. Section 24. Temporary Appointments. Temporary appointments may be made to positions in the Classified Service without such appointees acquiring any permanent status therein, and shall be made as hereinafter provided. (A) Provisional Appointments. When a vacancy is to be filled in a position of a class for which the Board is unable to certify names of persons eligible for regular and permanent, or substitute, appointment as provided by this Act, the Appointing Authority may make a provisional appointment of any person whom he deems qualified. Whenever practicable, such appointment should be made by the provisional promotion of an employee of a lower class. A pro- visional appointment shall not continue for more than three (3) months; and, no position in the Classified Service shall be filled by one or more provisional 771 Vol. IV ſ." Legal Materials appointments for a period in excess of three (3) consecutive months; and suc- cessive like periods shall not be permissible; except, the Board may authorize the renewal of such appointment, or authorize such successive appointments for a period not to exceed three (3) additional months whenever it has been im- practicable or impossible to establish a list of persons eligible for certification and appointment to such vacancy. Any provisional appointment, if not termi- nated sooner, shall terminate upon the regular filling of the vacancy in any manner authorized under this Act and, in any event, within fifteen (15) days after a certification from which a regular, or substitute, appointment, as the case may be, can be made under the provisions of this Act. A provisional appoint- ment shall be reported to the Board within fifteen (15) days following said appointment. (1) During the times of war, and after the Board continues to offer tests provided by this Act in an effort to obtain persons eligible for regular and permanent appointment to a position of any class which has been permenantly vacated by the regular employee thereof, it finds it impossible to establish a list of persons qualified for certification and perament appointment to any such posi- tion in the Classified Service, it may authorize the Appointing Authority to fill such position with a Provisional appointee until such time as the appropriate employment list can be established. (2) When this Act first becomes effective, Provisional appointments may be made in any position until such time as the Classification Plan may be prepared and adopted in accordance with the provisions of this Act; and for such time thereafter as may be required for the preparation and administration of tests, and the establishment of employment lists from the results of such tests, as provided by this Act; but such special authority shall be valid for a period of not more than eighteen (18) months immediately following the effective date of this Act. (B) Sustitute Appointments. A substitute appointment may be made to any position in the Classified Service from which the regular and permanent employee thereof is away on an authorized leave of absence; or, to a position from which the regular employee thereof is substituting for some other regular employee who is authorized to be away from his respective position; provided, however, no position shall be filled by a substitute appointee for a time beyond that for which the regular and permanent incumbent is away therefrom on an authorized leave. Whenever such appointment shall continue for not more than thirty (30) days, the Appointing Authority may appoint thereto any one whom he deems qualified. Substitute appointments made for a period exceeding thirty (30) days shall be made in the same manner as provided in Section 22 of this Act for the filling of a vacancy by a regular and permanent appointment; except, a substitute appointment shall be made only for a period not to exceed the expiration of the leave granted the regular employee for whom he is sub- stituting; or, until such time as the said employee returns to his position before the expiration of his said leave. Any person employed on a substitute employ- ment basis shall, for the duration of such temporary employment, enjoy the class title and be entitled and receive the rate of pay for the class and position in which he is so employed. The Appointing Authority shall advise the Board within fifteen (15) days following any such appointment made for a period to exceed thirty (30) days, the name of the appointee, the class of position so filled, the period for which said appointment was made; and attach thereto a signed copy of the leave of absence granted the employee for whom such person is substituting. (C) Emergency Appointment. Emergency appointments may be made of any person or persons at any time the needs of the service require such because of any local emergency of a temporary and special nature; provided, however, no such appointment shall be effective or continued for more than ten (10) days. Section 25. Leaves of Absence. The Board shall adopt rules to provide for leaves of absence in the various classes of the Classified Service. Such rules shall provide for annual vacation an sick leaves with pay, and special leaves with or without pay; and, may provide for special extended leaves with or with- out pay; and, may provide for special extended leaves with or without pay with or without reduced pay for employees disabled through injury or illness 772 Vol. IV Acts of the Legislature º: arising out of their employment; provided, however, the right to regulate the time at which any employee may take an annual leave, or any other which is not beyond the control of the employee, shall be vested at all times with the Appointing Authority. Section 26. Abolition of Positions in the Classified Service. Whenever the Appointing Authority abolishes a position in the Classified Service and there is no position vacant in the respective class to which the regular employee of the abolished position may be transferred, such person shall be transferred to a posi- tion of the same class which may be held by a provisional employee, if any, if not he shall be transferred to the position in the respective class which is held by a person who shall thereupon be demoted in the order provided by Section 16 of this Act. (A) Whenever an entire class is abolished in the Classified Service, the regular employees of such class shall be demoted to lower classes therein and priority to positions shall be governed by total seniority earned in the Depart- mental Service in the order of highest to lowest. Section 27. Lay Off. If, for any reason, the lowest class in the Classified Service, or the lowest class in a respective group of classes, as may have been grouped by the Classification Plan, should become overburdened with the number of persons holding positions therein, and a reduction of personnel becomes neces- sary, such reduction shall be made therein only by laying off such persons without pay; and the order of removal shall begin with the person youngest in point of his accumulated total service in the Departmental Service; and shall continue upward until all persons to be removed therefrom have been laid off. It is hereby provided that lay offs shall be made from positions only within the classes above set forth. The names of such persons laid off shall be reported to the Board by the Appointing Authority, also, the date, the class of position held, and the order in which each such person was laid off. The Board shall, there- upon, enter such information upon the Reemployment List applicable for the class from which each person was so removed. Section 28. Removals, Suspensions, and Other Corrective and Disciplinary Action for Maintaining Standards of Service. The tenure of persons who have been regularly and permanently inducted into positions of the Classified Service shall be during good behavior; provided, however, the Appointing Authority may remove any employee from the service, or take such disciplinary action as the circumstances may warrant, and, as hereinafter provided, for any one of the following reasons: (1) Unwillingness or failure to perform the duties of his position in a satis- factory manner. (2) The deliberate omission of any act that it was his duty to perform. (3) The commission or ommission of any act or acts to the prejudice of the Departmental Service; or, any act contrary to the public interest or policy. (4) Insubordination. (5) Conduct of a discourteous or wantonly offensive nature toward the public, any municipal officer or employee; and, any dishonest, disgraceful, im- moral, or prejudicial conduct. (6) Drinking vinous or spirituous liquors while on duty; or reporting for duty while under the influence of liquor. (7) The use of intoxicating liquors, or habit forming drug, liquid, or preparation to an extent which precludes such employee from performing the duties of his position in a safe or satisfactory manner. (8) The conviction of a felony. (9) Falsely making a statement of any material fact in his application for admission to any test for securing eligibility or appointment to any position in the Classified Service, or, the practicing or attempting to practice fraud or deception in any such test. (10) Using or promising to use his influence or official authority, to secure any appointment to a position within the Classified Service, as a reward or return for partisan or political services. 773 Vol. IV * Legal Materials (11) Soliciting or receiving any money or valuable thing from any person, or group of persons, for any political party or political purposes. (12) Inducing or attempting to induce by threats of coercion, any person holding a position in the Classified Service to resign his position, take a leave of absence from his duties, or waive any of his rights under the provisions of this Act, or of the rules lawfully adopted thereunder. (13) The development of any defect of physical condition which precludes the employee from properly performing the duties of his position; or, the devel- opment of any physical condition that may endanger the health or lives of fellow employees. (14) The willful violation of any provision of this Act, or of any rule, regulation, or order lawfully adopted thereunder. (15) Any other act or failure to act which the Board shall approve as being sufficient to show the offender to be an unsuitable or unfit person to be employed in the respective service. Unless such cause or condition justifies an employee being permanently removed from the service, such other action may extend to suspension without pay for a period or periods not exceeding the aggregate of ninety (90) days in any period of twelve (12) consecutive months, reduction in pay to the rate prevailing for the next lower class, reduction or demotion to a position of any lower class and to the rate of pay prevailing therefor, or such other less drastic action that may be appropriate under the circumstances; providing that nothing contained herein shall prevent any employee who is physically unable to perform the duties of his position from exercising his rights of voluntary retirement under any provision of law applicable therefor. (A) Although it is incumbent upon the Appointing Authority to initiate any such corrective or disciplinary action, the Board may, and shall do so upon the written request of any qualified elector of the State which sets out the reasons therefor, make an investigation of the conduct and performance of any employee in the Classified Service and, thereupon may render such judgment and order such action to be taken by the Appointing Authority as it may deem pertinent, and such action shall be forthwith taken by the said Appointing Authortiy. (B) In every case of corrective or disciplinary action taken against a regular employee of the Classified Service, the Appointing Authority shall furnish the employee and the Board a statement in writing of the action and the com- plete reasons therefor. Section 29. Duties of Municipal Officers and Employees. The Appointing Authority shall report to the Board within fifteen (15) days following any appointment or employment in a position in the Classified Service, unless other- wise provided by this Act, the name of the appointee, the title and character of his office or employment and the date such employee commenced work in the position; and, the Appointing Authority shall also report upon the date and official action, or knowledge of, any separation, promotion, demotion, suspension, lay off, reinstatement, or reemployment in the Classified Service. (A) All officers and employees in the municipality shall comply with, and aid in all proper ways in carrying out the provisions of this Act and the rules, regulations, and orders thereunder. All officers and employees shall furnish any records or information which the Board or State Examiner may request for any purpose of this Act. (B) Any municipal officer or employee who shall fail to comply with any provisions of this Act or of any rule, regulation, or order thereunder shall be subject to all penalties and remedies provided in this Act and such other penalties and remedies as are now or hereafter provided by law for the failure of a public officer or employee to do an act required of him by law. The Board may maintain such action or proceeding as it considers necessary or appropriate to º compliance with this Act and the rules, regulations, and orders there- UIIlCler. Section 30. Appeals by Employees to the Board. Any regular employee in the Classified Service who feels that he has been discharged or subjected to any corrective or disciplinary action without just cause, may, within fifteen (15) 774 Vol. IV Acts of the Legislature º: days after such action, demand, in writing, a hearing and investigation by the Board to determine the reasonableness of such action. The Board shall grant the employee such a hearing and investigation and proceed therewith within thirty (30) days after receipt of such written request. (A) All such hearings and investigations conducted by the Board pursuant to the provisions of this section shall be open to the public. No such hearing and investigation shall be held unless both the employee and the Appointing Author- ity shall have been advised at least ten days in advance of the date, time and place therefor. If either the Appointing Authority or the employee fail to appear at the place, and on the day and at the hour fixed for such hearing, the Board may, at its discretion, decide the issue involved on the basis of the evidence adduced and confined to the question whether such action taken against the said employee was or was not made in good faith for cause set forth in the provisions of this Act. Both the employee and the Appointing Authority shall be afforded an opportunity to appear before the Board, either in person or with counsel, and present evidence to show that such action was or was not taken in good faith for cause as set forth in the provisions of this Act. The Board shall have complete charge of any such hearing and investigation, and may conduct it in any manner it deems advisable, without prejudice to any person or party thereto; provided that the procedure followed shall be informal and not neces- sarily bound by the legalistic rules of evidence. The Board shall not be required to have the testimony taken and transcribed, but either the employee or the Appointing Authority may, at their own expense, make the necessary arrange- ments therefor. In such cases the Board may name any competent shorthand reporter as the Official Reporter. If such testimony adduced is not taken or transcribed, then the Board shall make a written finding of fact. After such investigation the Board may, if in its estimation the evidence is conclusive, affirm the action of the Appointing Authority; or, if they find that the action was not taken in good faith for cause under the provisions of this Act, the Board shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was re- moved, suspended, demoted or discharged, which reinstatement shall, if the Board so provides in its discretion, be retroactive and entitle such person to pay or compensation from the time of such removal, suspension, demotion, discharge or other discipinary action. The Board shall have the power and authority to modify the order of removal, suspension, demotion, discharge or other disciplinary action by directing a suspension without pay, for a given period. The decision of the Board, together with their written finding of fact, if required, shall be certified, in writing, to the Appointing Authority and shall be forthwith enforced by such Appointing Authority. (B) Any employee under Classified Service and any Appointing Authority shall have the right to appeal from any decision of the Board, or from any action taken by the Board under the provisions of the Act and which is pre- judicial to said employee or Appointing Authority. This appeal shall lie direct to the court or original and unlimited jurisdiction in civil suits of the parish wherein the Board is domiciled. Such appeal shall be taken by serving the Board, within thirty (30) days after entry of its said decision, a written notice of the appeal, stating the grounds thereof and demanding that a certified tran- script of the record, or written findings of facts, and all papers on file in the office of the Board affecting or relating to such decision, be filed with the designated court. The Board shall, within ten (10) days after the filing of such notice of appeal, make, certify, and file such complete transcript with the designated court and that court shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the decision made by the Board was or was not made in good faith for cause under the provisions of this Act and no appeal to such court shall be taken except upon such stated grounds. Section 31. Oath, Testimony and the Production of Records. The Board, and each member thereof, shall have the same power and authority to adminis- ter oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or hearing authorized by this Act as is possessed by the District Courts of the State of Louisfäna. Any person who shall fail to appear in response to a subpoena or to answer any question, except those which 775 Vol. IV ſ. Legal Materials may incriminate him, or produce any books or papers pertinent to any investi- gation or hearing or who shall knowingly give false testimony therein shall be guilty of a misdemeanor and subject to the penal sections of this Act. In case of contumacy or refusal to obey a subpoena issued to any person, the District Court of the State of Louisiana within the jurisdiction in which the investigation is being carried on, or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found, or resides, or transacts business, upon application of the Board, shall have the requisite jurisdiction to issue to such person an order requiring such person to appear before the Board, its member or agent, and to produce, if so ordered, or there to give testimony touching the matter under consideration or in question; and any person failing to obey such order of any said court may, at the discretion of the court, be punished by said court as a contempt thereof. Section 32. Refusal to Testify. Any officer or employee in the Classified Service who shall wilfully refuse or fail to appear before any court or any officer, board, body or person properly authorized to conduct any hearing or inquiry, or if such employee or officer, who, having appeared, shall refuse to testify or answer any relevant question relating to the affairs of government of the municipality or the conduct of any municipal officer or employee, except upon the ground that his testimony or answers would incriminate him, shall, in addition to other penalties to which he may be subject, forfeit his position, and shall not be eligible for appointment to any position in the Classified Service for a period of six (6) years. Section 33. Political Activities Prohibited. Political activities by and ex- tending to employees of the Classified Service are hereby prohibited as follows: (A) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the Classified Service. (B) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the Classified Service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. (C) No employee in the Classified Service shall, directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or purpose, or solicit or take part in soliciting any such assessment, subscription, or contribution; and, no person shall solicit any such assessment, subscription or contribution of any employee in Classified Service; provided, however, the prohibitions of this sub-section shall not be construed as applying to membership dues paid to, or contributions made to, non-political employee organizations, pension funds, civic enterprises, the Louisiana Civil Service League or any similar non-political and non-partisan organization. (D) No employee in the Classified Service shall be a member of any national, state or local committee of a political party, or an officer or member of a committee of any factional, political club or organization, or a candidate for nomination or election to public office, or shall make any political speech or public politicl statement in behalf of any candidate seeking to be elected to public office, or shall take any part in the management or affairs of any polit- ical party or in the political campaign of any candidate for public office, except to privately express his opinion and to cast his vote. (E) No person elected to public office shall, while serving in such elective office, be appointed to or hold any position in the Classified Service. (F) No Appointing Authority, or agent or deputy thereof, shall directly or indirectly, demote, suspend, discharge or otherwise discipline, or threaten to demote, suspend, discharge or otherwise discipline, or discriminate against any person in the Classified Service for the purpose of influencing his vote, support, or other political activitiy in any election or primary election; and no Appointing Authority, or agent or deputy thereof shall use his official au- thority or influence, by threats, promises or other means, directly or indirectly, to coerce the political action of any employee in the Classified Service. (G) It shall be the duty of the Appointing Authority to discharge from the service any employee whom he deems guilty of violating any one or more 776 Vol. IV Acts of the Legislature º: of the provisions of this Section; provided, however, the Board may, upon its own initiative, investigate any officer or employee in the Classified Service whom it reasonably believes guilty of violating any one or more of the said provisions. It is further provided that any citizen, taxpayer, municipal officer or employee, may file with the Board detailed charges in writing against any employee in the Classified Service for violating any one or more of the provisions of this Section; and, and the Board shall, within thirty (30) days after receiving such written charges, hold a public hearing and investigation; and determine whether or not such charges are true and correct. If the Board should find upon its investigation of any said employee that he has violated any one or more of the foregoing provisions, the Board shall, and it is hereby so empowered, order the Appointing Authority to forthwith discharge such guilty employee from the service; and the Appointing Authority shall forthwith discharge such employee. (H) Any Appointing Authority, agent or deputy thereof, classified employee, or any other person who violates any provision of this Section shall be guilty of a misdemeanor; and upon conviction thereof, shall be subject to the penalties provided in Section 38 of this Act. In addition to being subject to such penalties, any employee in the Classified Service who is discharged because of violating a foregoing provision shall not again be eligible for employment or publc office in the Classified Service for a period of six (6) years from the time of such discharge. Section 34. Unlawful Acts Prohibited. No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provisions of this Act or in any manner commit or attempt to commit any fraud preventing the impartial execution of this Act and the rules. (A) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the Classified Serivee. (B) No municipal officer or employee, member of the Board, State Exam- iner, or other person shall defeat, deceive, or obstruct any person in his right to examination, eligibility, certification, or appointment under this Act, or furnish to any person any special or secret information for the purpose of affect- ing the rights of prospects of any person with respect to employment in the Classified Service; or require any employee in the Classified Service to perform an act, or a failure to act, which would be a reason for dismissal or disciplinary action of said employee. Section 35. Duty to Furnish Facilities to the Board. The Governing Body of the respective municipality shall furnish the Board with office space, furnish- ings and equipment, and such supplies and materials as may be necessary for its operation. Section 36. Legal Services. If this Act, or its enforcement by the Board of any respective municipality coming within the scope thereof, shall be called into question in any judicial proceeding, if any person shall fail or refuse to comply with the lawful orders or directions of the Board, the Board may call upon the Attorney General, or the chief legal officer or the municipality, or may employ independent counsel to represent it in sustaining this Act and the enforcement thereof; provided nothing contained herein shall prevent any mu- nicipal officer, employee, or private citizen from taking legal action in the courts to enforce the provisions of this Act or of any rule, order, or other lawful action of the Board. Section 37. Transfer of Funds and Properties. Any records, properties, effects, or unexpended funds, in the possession of any Department, Agency, or Officer of the State appropriated, set aside, allocated, or used, in or for the administration of the provisions of Act 253 of 1940 as amended, as well as any funds appropriated or allocated for the administration of this Act, are as of the effective date of this Act transferred and assigned to the State Examiner of Municipal of Fire and Police Civil Service as created by this Act. 777 Vol. IV #. Legal Materials Section 38. Penalties. Any person who willfully violates any provision of this. Act or of the rules shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not more than five hundred dollars ($500). (A) Any person who is convicted of a misdemeanor under this Act shall, for a period of six (6) years, be ineligible for appointment to or employment in any position of the Classified Service; and, if he is an officer or employee of the Classified Service created by this Act, he shall forfeit his office or position. Section 39. Separability. If any provisions of this Act or any rule, regulation, or order thereunder, or the application of such provision to any person or cir- cumstance, shall be held invalid, the remainder of this Act, and the application of such provision to this Act or of such rule, regulation, or order to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. That this Act is herewith declared to establish a system of Classified Service in and for the Municipal Fire and Police Services of the munici- palities affected by this Act; and the provisions hereof are deemed of importance in the efficient administration and performance of the duties and specialized affairs of public safety, and the trained personnel thereof; and, it is hereby provided that this Act shall not be superseded by, or rendered ineffective through, any general statute affecting municipal employees or municipal departments in matters of Classified Civil Service. Section 40. Repealing Clause. That all laws or parts of laws in conflict or inconsistent herewith and especially and specifically Act No. 253 of the Regular Session of 1940, as amended by Act No. 58 of the Regular Session of 1942 of the Louisiana Legislature shall be, and the same are hereby, repealed as of the effective date of this Act. INDEX Section 1—Purpose. Section 2—Short Title. Section 3—Definition. Section 4–System of Classified Civil Service. Section 5—Municipal Civil Service Boards. Section 6—Duties of Each Board. Section 7—Rules. Section 8—State Examiner or Municipal Fire and Police Civil Service. Section 9—Positions in the Classified and Unclassified Service. Section 10—Status of Employees at the Time of Taking Effect of This Act. Section 11—Classification Plan. Section 12—Allocation of Positions to Classes. Section 13—Use of Class Titles. Section 14—Status of Incumbent of Position When Allocated. Section 15—Methods by Which Positions in the Classified Service May Be Filled. Section 16—Demotion. Section 17—Transfer. Section 18—Reinstatement and Reemployment. Section 19—Establishment and Maintenance of Employment Lists. Section 20–Tests. Section 21—Admission to Tests and Rejection of Applicants to Tests For Entry Upon Employment Lists. Section 22—Appointment to Positions of Persons Certified from Lists. Certifica- tion for Appointment. Section 23—Workng Test or Period of Probation. Section 24—Temporary Appointments. Section 25—Leaves of Absence. Section 26—Abolition of Positions in the Classified Service. Setcion 27—Lay Offs. 778 Vol. IV Acts of the Legislature º; Section 28—Removals, Suspension and Other Corrective or Disciplinary Action for Maintaining Standards of Service. - Section 29—Duties of Municipal Officers and Employees. Section 30—Appeals by Employees to the Board. Section 31—Oaths, Testimony, and the Production of Records. Section 32—Refusal to Testify. Section 33—Political Activities Prohibited. Section 34—Unlawful Acts Prohibited. Section 35—Duty to Furnish Facilities to the Board. Section 36—Legal Services. Section 37—Transfer of Funds and Properties. Section 38—Penalties. Section 39—Separability. Section 40—Repealing Clause. ACT || 8 OF 1944 [This act was incorporated into the Revised Statutes of 1950, 2:381-2:390.-Ed.] AN ACT To empower and direct Parishes, Municipalities and other political subdivisions to promulgate, administer and enforce Airport Zoning regulations limiting the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of airports; to authorize the acquisition, by purchase, grant, or condemnation, of air rights and other interests in land to promote safety; and to provide penalties and remedies for violation of this Act or of any ordinance or regulation made under the authority conferred herein; to provide the method of procedure and for other purposes, repealing all acts and parts of acts inconsistent with the provisions of this Act. Section 1. Be it enacted by the Legislature of Louisiana, That, for pro- moting safety or the general welfare of the community, the Legislative body of all incorporated cities, towns and villages and of the parishes are hereby empowered to promulgate, administer and enforce Airport Zoning regulations limiting the height of structures and objects of natural growth and to other- wise regulate the use of property in the vicinity of airports. Section 2. Definitions. As used in this Act, unless the context otherwise requires: (1) “Airport” means any publicly-owned area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes. (2) “Airport hazard” means any overhead power line which interferes with radio communication between a publicly-owned airport and aircraft ap- proaching or leaving same, or any structure or tree which obstructs the aerial approaches of such an airport or is otherwise hazardous to its use for landing or taking-off. (3) “Political subdivision” means any municipality, city, county, village, borough or town. (4) “Person” means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (5) “Structure” means any object constructed or installed by man, in- cluding, but without limitation, buildings, towers, smoke-stacks, and overhead transmission lines. (6) “Tree” means any object of natural growth. 779 Vol. IV §: Legal Materials Section 3. It is hereby found and declared that an airport hazard en- dangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public health, public safety or general welfare. Section 4. Every parish, incorporated city, town, village, or other politi- cal subdivson may adopt, administer and enforce under the police power and in the manner and upon the conditions hereinafter prescribed Airport Zoning regulations for any airport within its jurisdiction, which regulations shall divide the area surrounding the airport into zones and within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. In adopting or revising any such zoning regulations, the political subdivision shall consider, among other things, the character of the flying operations to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the posibility of lowering or removing existing obstructions, and the views of the agency of the Federal Government charged with fostering of Civil Aeronautics, as to the aerial approaches necessary to safe flying opera- tions at the airport. Section 5 (1) In the event that a political sub-division has adopted or hereafter adopts, a general zoning ordinance, regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under this Act, may be incorporated in and made a part of such general zoning regulations, and be administered and enforced in connection therewith, but such general zoning regulations shall not limit the effectiveness or scope of the regulations adopted under this Act. (2) Any two or more Parishes or other political subdivisions may agree, by ordinance duly adopted, to create a joint board and delegate to said board the powers herein conferred to promulgate, administer and enforce airport zoning regulations to protect the aerial approaches of any airport located with- in the corporate limits of any one or more of said political subdivisions. Such joint boards shall have as members two representatives appointed by the chief executive officer of each political subdivision participating in the creation of said board and a Chairman elected by a majority of the members so appointed. (3) The jurisdiction of each Parish or other political subdivision is hereby extended to the promulgation, administering and enforcement of Airport Zon- ing regulations to protect the approaches of any airport which is owned by said Parish or other political subdivision but located wholely [wholly] or partially outside the corporate limits of the said Parish or other political sub- division. In case of conflict with any airport zoning or regulations promul- gated by any other Parish or other political subdivision, the regulations adopted pursuant to this sub-section shall prevail. (4) All Airport Zoning regulations adopted under this Act shall be rea- sonable and none shall require the removal, lowering, or other change or al- teration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any non- conforming use, except as provided in Section 6 (1). Section 6. (1) Permits. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this Act, a system may be established by any Parish or other political subdivision for the granting of permits to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes therein or substantial repairs thereof. In any event, before any non-conforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency au- thorized to administer and enforce the regulations, authorizing such replace- ment, change or repair. No such permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted; and whenever the administrative agency determines that a nonconforming struct- 780 Vol. IV Acts of the Legislature º: ure or tree has been abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed: (a) no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and (b) whether application is made for a per- mit under this paragraph or not, the said agency may by appropriate action compel the owner of the non-conforming structure or tree, at his own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations or, if the owner of the non-conforming structure or tree shall neglect or refuse to comply with such order for 10 days after notice thereof, the said agency may proceed to have the object so lowered, re- moved, reconstructed, or equipped and assess the cost and expense thereof upon the object or the land whereon it is or was located. Unless such an as- sessment is paid within 90 days from the service of notice thereof on the agent or owner of such object or land, the sum shall bear interest at the rate of 10 percent per annum until paid, and shall be collected in the same manner as are general taxes. Except as indicated, all applications for permits for replace- ment, change or repair of non-conforming uses shall be granted. (2) Variances. Any person desiring to erect any structures, or increase the height of any structures, or permit the growth of any tree, or otherwise use his property, in violation of airport zoning regulations adopted under this Act, may apply to the Board of Appeals, as provided in Section (7), for a variance from the zoning regulations in question. Such variances shall be al- lowed where a literal application or enforcement of the regulations would re- sult in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in ac- cordance with the spirit of the regulations of this Act. (3) Obstruction Marking and Lighting. In granting any permit or variance under this Section, the administrative agency or Board of Appeals may, if it deems such action advisable to effectuate the purposes of this Act and reason- able in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the Parish, or other political subdivision, at its own expense, to install, operate, and maintain suit- able obstruction markers and obstruction lights thereon. Section 7. Procedure. (1) Adoption of Zoning Regulations. No airport zoning regulations shall be adopted, amended, or changed under this Act except by action of the legis- lative body of the Parish or other political subdivision in question, or the joint board provided for in Section 5 (2), after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. At least 30 days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the politcal subdivision or subdivisions in which the airport is located. (2) Administration of Zoning Regulations—Administrative Agency. The legislative body of any political subdivision adopting airport zoning regula- tions under this Act may delegate the duty of administering and enforcing such regulations to any administrative agency under its jurisdiction, or may create a new administrative agency to perform such duty, but such adminis- trative agency shall not be or include any member of the Board of Appeals. The duties of such administrative agency shall include that of hearing and deciding all permits under Section 6 (1), but such agency shall not have or exercise any of the powers delegated to the Board of Appeals. (3) Administration of Airport Zoning Regulations—Board of Appeal. Airport zoning regulations adopted under this Act shall provide for a Board of Appeals to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision, or determination made by the Administrative agency in the enforcement of this Act or of any ordinance adopted pursuant thereto; (b) To hear and decide special exceptions as to the terms of the ordinance upon which such Board may be required to pass under such ordinance; (c) To hear and decide specific variances under Section 6 (2), where a zoning board of appeals or adjustment already exists, it may be appointed as the Board of Appeals. Otherwise, the Board of Appeals shall consist of five mem- 781 Vol. IV fl. Legal Materials bers, each to be appointed for a term of three years and to be removable for cause by the appointing authority upon written charges and after public hear- 1Ing. The Board shall adopt rules in accordance with the provisions of any ordinance adopted under this Act. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the Board, by filing with the agency from which the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action ap- pealed from, unless the agency from which the appeal is taken certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The Board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or de- termination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken. The concurring vote of a majority of the members of the Board shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Section 8. Judicial Review. (1) Any person aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivi- sion, may present to the District Court of the Parish a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the Board. (2) Upon presentation of such petition the court may allow a writ of certiorari directed to the Board of Appeals to review such decision of the Board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on applicaton, on notice to the Board and on due cause shown, grant a restraining order. (3) The Board of Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be veri- fied. 782 Vol. IV Acts of the Legislature º: (4) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the Board of Appeals. The findings of fact by the Board, if supported by substantial evidence, shall be accepted by the court as conclusive, and no objection to a decision of the Board shall be considered by the court unless such objection shall have been urged before the Board, or, if it was not so urged, unless there were reasonable grounds for failure to do so. (5) Costs shall not be allowed against the Board of Appeals unless it ap- pears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from. Section 9. Enforcement and Remedies. Each violation of this Act or of any regulations, order, or ruling promulgated or made pursuant to this Act, shall constitute a misdemeanor and shall be punishable by a fine of not more than $100 or imprisonment for not more than 90 days or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this Act may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this Act, or of airport zoning regulations adopted under this Act, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this à. and of the regulations adopted and orders and rulings made pursuant thereto. Section 10. Acquisition of Air Rights. In any case in which: (1) it is desired to remove, lower, or otherwise terminate a non-conforming use; or (2) the necessary approach protection cannot, because of constitutional limi- tations, be provided by airport zoning regulations under this Act; or (3) ap- pears advisable that the necsesary approach protection be provided by acquisi- tion of proprety rights rather than by airport zoning regulations the political subdivision within which the property or non-conforming use is located or the political subdivision owning the airport or served by it may acquire, by pur- chase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public pur- poses, such an air right, easement, or other estate or interest in the property or non-conforming use in question as may be necessary to effectuate the pur- poses of this Act. Section 11. Severability. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Section 12 Short Title. This Act shall be known and may be cited as the “Airport Zoning Act.” Section 13. Repeal. All acts or parts of acts which are inconsistent with the provisions of this Act are hereby repealed. ACT 285 OF 1946 [This act was not incorporated into the Revised Statutes of 1950.-Ed.] AN ACT To authorize the police jury of the Parish of Jefferson, State of Louisiana, to create within the said Parish of Jefferson one or more community center and playground districts composed of territory outside of the corporate limits of municipal corporations, fixing the domicile thereof and providing 783 Vol. IV ſ: Legal Materials the procedure therefor; providing for the appointment of a board of com- missioners for said districts, for their organization, their tenure of office, defining their duties and powers, and the manner of filling vacancies; de- claring such districts so created to be political subdivisions of the State of Louisiana, with power and authority to incur debt, issue bonds, levy and anticipate taxes, issue certificates of indebtedness and levy special assess- ments for the respective purposes authorized and in the manner herein provided, and constituting them bodies corporate in law. Due notice of intention to apply for passage of this Act has been pub- lished, and evidence of such notice having been published has been exhibited in the Legislature, all as prescribed by and in accordance with Article IV, Section 6 of the Contitution of Louisiana of 1921. Section 1. Be it enacted by the Legislature of Louisiana, That the po- lice jury of the Parish of Jefferson, State of Louisiana, is authorized and em- powered, upon its own initiative to divide the Parish of Jefferson into one or more community center and playground districts, such districts to be known as Community Center and Playground Districts, with such names or numbers as the police jury may designate. Section 2. That all community center and playground districts formed or created under the provisions of this act shall be governed and controlled by a board of five (5) commissioners, to be known as “Community Center and Playground Commissioners,” who shall be residents of and assessed with not less than five hundred dollars worth of real estate in said district. Section 3. That in the ordinance creating community center and play- ground districts under this act, the Police Jury of the Parish of Jefferson shall appoint five (5) commissioners recommended by petition for the creation of such districts, and who shall possess the qualifications hereinbefore provided for in Section 2 of this Act. The said five commissioners shall at their first meeting by lot, determine their term of office which shall be respectively two commissioners to serve for two years, two commissioners to serve for four years, and one commisioner to serve for six years, and they shall serve until their successors shall have been appointed and qualified. All commissioners thereafter selected shall serve for a term of six years. Vacancies in the Board shall be filled by the Police Jury of the Parish of Jefferson upon the petition of the residents of the district, the person receiving the largest number of re- quests to be appointed to fill the vacancy. Section 4. That upon the failure or refusal of the Police Jury of the Parish of Jefferson to organize community center and playground districts, they are hereby required to and shall form a community center and playground district when petitioned to do so upon a petition presented to the police jury signed by not less than twenty per cent of the resident property taxpayers, owning and assessed for lands, in said district. In presenting such petitions to the police jury such petition shall set forth substantially the boundaries of the district which it is proposed to be organized, and the names of the per- sons to be appointed by the police jury as the commissioners of such district. Section 5. That any community center and playground district thus created and named or numbered by the police jury of the Parish of Jefferson, shall constitute a body corporate in law, with all the powers of a corporation; shall have a perpetual existence; shall have power and right to incur debt and contract obligations; to sue and to be sued; to have a corporate seal and to do and perform any and all acts in its corporate capacity and in its cor- porate name, necessary and proper for the carrying out of the objects and purposes for which the community center and playground district was created. Such community center and playground district shall have the right and power of expropriating property for the purpose of acquiring land for any purpose that it may find necessary in the operation of such community center and playground district. The said board of commissioners shall have further powers as follows: (a) To govern, manage and direct parks, playgrounds, and community eenters, to lay out, regulate, improve and beautify the same; to pass ordinances 784 Vol. IV Acts of the Legislature º: for the regulation and government thereof; to appoint such engineers, sur- veyors, clerks, and other officers as may be necessary; to prescribe and define their respective duties and authority, the amount of their compensation, and generally all things in regard to said powers herein granted; (b) To acquire or lease lands, and to acquire, lease, construct and main- tain buildings, within the corporate limits of such body for parks, playgrounds, community centers, recreation areas, or for other recreational or kindred pur- poses, and when the governing body of such political subdivision dedicates, sets apart, acquires, constructs or leases lands or buildings for such purposes, it may, on its own initiative, provide for their equipment, maintenance and conduct, according to the provisions of this act; (c) To establish a system of supervised recreation; to join with any one or more political subdivisions of the State to acquire property for, establish, maintain, and conduct playgrounds, recreation centers, community centers, and other physical and cultural facilities and activities, for the benefit of the said district; (d) To accept any grant or devise of real estate, or any gift or bequest of money or other personal property, or any donations to be applied, principal or income for either temporary or permanent use for parks, playgrounds, com- munity centers or other recreation purposes; (e) To establish and maintain libraries, community centers, and to es- tablish and maintain facilities for the physical and cultural benefit of the community; (f) To make available to the parish school board of the parish in which such district is situated, the facilities of lands and improvements for use by the said school board subject to and in the discretion of the governing authority of the district; (g) To anticipate taxes authorized under the provisions of Article X, Section 10 of the Constitution of the state of Louisiana for the year 1921, as amended, and issue its certificates of indebtedness secured by the pledge of such taxes; to incur debt and issue bonds for the purpose herein authorized under the provisions of Article XIV, Section 14 of the Constitution and all acts of the Legislature adopted for the purpose of carrying the provisions of said contitution into effect. Section 6. That the police jury creating community center and play- ground districts as aforesaid, with corporate powers shall designate the domi- cile of such corporation, at which domicile it shall be sued and service of cita- tion made on the president, and in his absence, upon the vice-president, and in his or their absence, then upon the secretary, who also may be the treasurer; provided that in fixing the domicile of the community center and play ground : the police jury shall at all times fix the same at some place within the istrict. Section 7. That in the creation of community center and playground districts and the appointment of the commissioners as provided in sections one, two and three of this act, the police jury shall at the same time designate a time and place within said community center and playground district for the said commissioners to meet, which meeting must take place within sixty (60) days from the date of their appointment, and at such meeting the said com- missioners shall proceed to organize by electing the officers as follows: First: They shall elect from among their number a president, and also a vice-president, and it shall be the duty of the president to preside over the meetings of the board and to perform such other duties as are usually required of presidents of corporate bodies. It shall be the duty of the vice-president to act in the absence of the president or in case of the disability of the persi- dent to act. Second: They shall elect a secretary who may also be the treasurer and provide for his compensation, which secretary shall furnish bond in a sum equal to the amount of taxes collected by him in said district, during any one year, and the premium on his bond shall be paid by the community center and playground district out of its funds. The secretary shall perform all of the 785 Vol. IV ſ: Legal Materials duties required of him by the board of commisioners of the community center and playground district, and shall hold his office at the pleasure of the com- missioners of the said district. Third: The board of commissioners of the community center and play- ground district shall at the time of their organization select a solvent chartered bank in which all of the money of the district shall be deposited, in accord- ance with the laws relating to fiscal agencies. Section 8. That said community center and playground district, through its governing authority, the board of commissioners thereof, shall have the power and it shall be their duty to adopt by-laws, rules and regulations for the proper conduct and operation of a community center and playground dis- trict, and enforce the same. They shall also have the power to employ the necessary labor, skilled or otherwise, for the construction of necessary facilities and improvements within and for the district. They shall also have the power and authority to enter into contracts for the performance of or execution of the function for which the said district is created and for the purchase of such equipment as may be necessary therefor, and in order to carry out the pur- poses of this act, the governing authority of any community center and play- ground district created hereunder shall have full power and authority, with- out reference to any other legislation, to employ the services of an attorney at law, when in their judgment they deem it necessary, and to fix his fees or his salary; and shall also have full power and authority to select and appoint an engineer and provide for payment for his services. Section 9. That the commissioners of each community center and play- ground district appointed under the provisions of this act, may meet as often as they deem it necessary, provided, however, that they shall hold a regular meeting once every thirty (30) days. The commissioner appointed hereunder shall receive no compensation for their services, except that they may be reim- bursed for any expenses incurred for the district. Section 10. That the commissioners of the community center and play- ground district shall have absolute control and authority over the community center and playground district in their respective districts. Section 11. That community center and playground districts created un- der the provisions of this act, are hereby declared to be political subdivisions of the State, and for the purpose of purchasing and acquiring lands and pur- chasing, acquiring, constructing and maintaining public buildings, for the es- tablishment and maintenance of community centers, including parks, play- grounds, recreation centers and libraries, title to which shall be in the public, such districts, through their governing authorities, shall have full power and authority to incur debt and issue bonds in accordance with the provision of Article XIV, Section 14, of the Constitution of Louisiana, and all acts of the legislature adopted for the purpose of carrying the provisions thereof into effect and shall have full power and authority to do and perform all things in- cidental and necessary to carry out the provisions of the act and accomplish the purposes as set out herein. Section 12 If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be in- valid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph or any part thereof directly involved in the controversy in which such judg- ment has been rendered. ACT 393 OF 1946 A JOINT RESOLUTION Proposing an amendment to Section 22 of Article VI of the Constitution of Louisiana, relative to the General Highway Fund of the State of Louisiana by the addition to said Section of an additional paragraph, to be known 786 Vol. IV Acts of the Legislature º: as Paragraph (j), so as to provide ready funds for the construction, main- tenance, improvement and extension of State Highways and necessary bridges thereon situated. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, That there shall be submitted to the electors of the State of Louisiana, for their approval or rejection, in the manner provided for by law, a proposition to amend the present Section 22 of Article VI of the Constitution of Louisiana, by the addition to said Section of an additional paragraph, to be known as Paragraph (j), and which shall read as follows: (j) That in order to provide ready funds for the construction, main- tenance, improvement and extension of State highways and necessary bridges thereon situated, and for other purposes hereinafter provided, the Director of Highways for and on behalf of the Department of Highways, by and with the consent of the State Advisory Board, shall have, and is hereby granted, authority and power to fund into bonds of the State of Louisiana such portion of the tax on gasoline, benzine, naphtha, or other motor fuels, as defined by law, as now provided for by the Constitution and statutes of the State, provided, that said bonds herein authorized to be issued and sold, shall be general obligations of the State of Louisiana, that said bonds shall mature serially as herein stipulated, and that the total amount of bonds which are hereby authorized to be so issued and sold shall not exceed the sum of Twenty-Five Million dollars ($25,000,000,000.00); provided, further, that said bonds shall be serial bonds and shall have such maturities as may be determined and fixed by said Director of Highways, and shall be issued in such sums and denominations as said Director may determine, but for not less than One Thousand Dollars ($1,000.00) each, and may be registered or payable to bearer, in the discretion of said Director; pro- vided further, that said bonds shall be issued at such time or times, in such form and with such series designations, and may contain such pro- visions as may be by said Director deemed expedient for registration in the name of the holder or for the release thereof from registration, shall bear interest at a rate not exceeding four per centum (4%) per annum, shall be payable in principal at such time or times as the Director may prescribe, beginning four (4) years after date of said bonds and running for a period not to exceed twenty-five (25) years from date of issuance, and the interest on said bonds shall be payable semi-annually. The place or places of payment of the principal and interest shall be fixed by said Director and said bonds shall be sold to the highest bidder at public sale for not less than par and accrued interest, after advertisement at least once a week for not less than thirty (30) days by said Director in New Orleans, Chicago, New York and such other places as said Director may determine, reserving to said Department the right to reject any and all bids, including the right to readvertise for new bids, in accordance with the provisions herein contained. The tax now levied under the Constitution and statutes of the State, on gasoline, benzine, naphtha and other motor fuels, in the amount of four cents (44) per gallon shall continue so long as any of the bonds issued hereunder are outstanding and said tax shall primarily be dedicated to the retirement of said bonds and the payment of interest thereon, subject always to the prior charge on said tax of the bonds issued under the pro- visions of Act 219 of the Regular Session of the Legislature of 1928, Act 3 of the Extraordinary Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, Act 39 of the Regular Session of the Legislature of 1938, and Act 377 of the Regular Session of the Legislature of 1940. All of the proceeds of said four cents (4c) per gallon tax, now levied under the Constitution and statutes of the State, on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be paid into the State Treasury, as collected, in accordance with existing laws, or such laws as may hereafter be enacted with respect thereto, and shall be devoted primarily to the retirement of the principal of, and the payment of interest on, all bonds authorized to be issued hereunder, except as herein- after provided; provided, as long as any of the bonds authorized and issued 787 Vol. IV Acts Legal Materials 1946 under the provisions of Act 219 of the Regular Session of the Legislature of 1928 proposing an amendment to this Section 22 of Article VI of this Constitution which was subsequently adopted, remain outstanding and unpaid, it is hereby expressly required that one (1c) per gallon of the tax levied on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be collected, dedicated and set aside primarily for the pay- ment of the principal and interest of said outstanding and unpaid bonds and all surplus, if any, over and above the amount necessary to pay said outstanding and unpaid bonds and interest thereon, shall be dedicated and set aside for the retirement of bonds and the payment of interest on bonds issued under provisions of Act 3 of the Extraordinary Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, Act 39 of the Regular Session of the Legislature of 1938, and Act 377 of the Regular Session of the Legislature of 1940, provided, further, that in addition to said excess, if any, realized from the collection of one cent (1c) per gallon tax levied on gasoline, benzine, naphtha and other motor fuels, as defined by law, and dedicated primarily to the payment of prin- cipal and interest on outstanding and unpaid bonds issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, subsequently adopted as an amendment to this Constitution, it is expressly required that the proceeds realized from the balance of the four cents (4c) tax, being a tax of three cents (3c) per gallon, now levied under the Constitution and statutes of the State on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be collected, dedicated and devoted to the retirement of the principal of, and the payment of interest on, bonds issued under the provisions of Act 3 of the Extraordinary Ses- sion of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, Act 39 of the Regular Session of the Legislature of 1938, and Act 377 of the Regular Session of the Legislature of 1940, subsequently adopted as amendment to this Constitution and that said three cents (3c) per gallon tax, being the balance of the proceeds of said four cents (4c) per gallon tax, now levied under the Constitution and statutes of the State shall continue to be collected, dedicated and applied to the retirement of the principal of, and the payment of interest on, said bonds so long as any of said bonds remain outstanding and unpaid; provided further, that the surplus proceeds, if any, over and above the amount required to pay the principal of said bonds and interest thereon, realized from four cents (4c) per gallon tax now levied under the Constitution and statutes of the State on gasoline, benzine, naphtha and other motor fuels, as defined by law, shall be declared as excess revenue and shall be credited to the Department of Highways, in the account of the General Highway Fund. The excess revenue, if any, over and above the amount required for the retirement of principal of, and the payment of interest on, bonds issued under the provisions of Act 219 of the Regular Session of the Legislature of 1928, Act 3 of the Extra Session of the Legislature of 1930, Act 2 of the Regular Session of the Legislature of 1934, Act 66 of the Regular Session of the Legislature of 1936, Act 39 of the Regular Session of the Legislature of 1938, and Act 377 of the Regular Session of the Legislature of 1940, subsequently adopted as amendments to this Constitution, shall be determined by the State Treasurer and shall be placed to the credit of the Department of Highways, as herein provided. The State Treasurer shall have and exercise the right to determine said excess revenues, if any, for such periods as he, in his discretion, may deem advisable, pro- vided that he shall not determine any funds to be excess revenue, except such funds as may have been collected which shall be on hand and in excess of the amount required to meet all necessary sums for payment of principal of, and interest on, bonds payable out of the proceeds of said four cents (4c) per gallon tax for the next ensuing year following the date of any such determination. If science or invention should reduce the use and consumption of gasoline, benzine, naphtha or other motor fuels to such an extent that the tax on such commodities be not sufficient to retire the bonds issued here- under, then the Legislature shall have the authority to levy a tax upon 788 Vol. IV Acts of the Legislature º: any commodity, substances, appliance or paraphernalia, or said Legis- lature may impose a license upon the right to sell or make use of such commodity, substances, appliance or paraphernalia, which may be sold or used to generate or supply motor fuel or other power for transportation, to levy such tax or license, or both, as may be necessary to retire said bonds issued hereunder and interest thereon, this authority to in no wise affect the tax hereby levied on gasoline, benzine, naphtha or other motor fuel as defined by law. If by reason of an emergency or exigency, the funds herein specifically pledged for the retirement of the principal of, and the payment of interest on, bonds authorized to be issued hereunder should prove insufficient, then the State Treasurer shall be, and he is, hereby authorized, to use such other revenues of the Department of Highways as may be necessary to pay said bonds and interest thereon. Said bonds shall be signed by the Governor, the Auditor, and the Treasurer of the State of Louisiana, provided that the signatures of the Governor and the Auditor on said bonds may be printed, lithographed or engraved thereon. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof. No proceedings in respect to the bonds authorized to be issued here- under shall be necessary except such as are contemplated by this amend- ment, which, upon its adoption, shall be self-operative and no further or other legislation shall be required to effect the same. Out of the proceeds of said bonds herein authorized to be issued and sold, the Department of Highways shall have and is hereby granted authority to apply and devote: 1. The sum of Fifteen Million Dollars ($15,000,000.00), or as much thereof as may be necessary, to match any Federal Funds appropriated by any Act of the United States Congress to this State for the construc- tion of highways and bridges in this State. 2. The sum of 'Ten Million Dollars ($10,000,000.00), or as much thereof as may be necessary for the construction, maintenance, better- ment and extension of the State Highway System, and necessary bridges situated thereon. The powers and duties by this Paragraph (j) granted to or imposed upon any Department, Board, Commission, officer or agency of the State shall, in the event a transfer of the functions now exercised by such De- partment, Board, Commission, officer or agency as provided by law, devolve upon the Department, Board, Commission, officer or agency to which such functions are transferred. The remaining One Million Four Hundred Thousand Dollars ($1,400,- 000.00) bonds heretofore authorized to be issued by Act 71, Laws of Louisiana, 1936 (Highway Fund No. 2), adopted as an amendment to Article VI, Section 22, of the Louisiana Constitution, and the remaining Four Million Dollars ($4,000,000.00) bonds heretofore authorized to be issued by Act No. 377, Laws of Louisiana, 1940, also adopted as an amendment to Article VI, Section 22, of the Constitution, may be issued from time to time by the Director of Highways, by and with the consent of the State Advisory Board, notwithstanding the adoption of this amend- ment, and such bonds shall be executed in the same manner as provided for in Act No. 71, Laws of Louisiana, 1936, and in Act No. 377, Laws of Louisiana, 1940, provided that the signatures of the Governor and the Auditor on said bonds may be printed, lithographed or engraved thereon. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday of November, 1946. Section 3. That on the official ballot to be used at said election there shall be printed: - 789 Vol. IV †. Legal Materials FOR the proposed amendment to the present Section 22 of Article VI of the Constitution of Louisiana, authorizing the issuance of an additional Twenty- five Million Dollars ($25,000,000.00) of bonds by the Department of Highways. and also: AGAINST the proposed amendment to the present Section 22 of Article VI of the Constitution of Louisiana, authorizing the issuance of an additional Twenty-five Million Dollars ($25,000,000.00) of bonds by the Department of Highways. ACT 8 OF 1948 AN ACT To amend and re-enact the Title and Sections 1 and 2 (as amended by Act No. 190 of 1946) and Section 5 of Act 2 of the Extra Session of 1933 as amended, entitled (as amended by Act 190 of 1946), “An Act to provide additional revenues for the State of Louisiana by levying excise or license taxes and to permit parishes and municipalities of the State to levy certain excise or license taxes as herein authorized on all beer, porter, ale, fruit juices, or wine sold, handled, used, consumed, or distributed in the State of Louisiana of an alcoholic content not exceeding that which is now per- mitted or which may be hereafter permitted by law, but greater than one half of one per cent of alcohol by volume; fixing the time of collecting such taxes and providing for the expense thereof; to prescribe the manner and method of enforcing payment, and fixing penalties for failure to make same, and penalties for violating other provisions of this Act; to provide qualifications a licensee shall possess to obtain a permit; to provide offenses or acts which licensee must not commit on premises; to provide authority for municipal officers, police juries and the Collector of Revenue to with- hold issuing of state and local permits; to provide authority for persons to petition for the withholding of permits, and trial of the petition by Board of Tax Appeals; to provide appeal from withholding of State and local permits to District Court, and appeal to District Court from Board of Tax Appeals on petitions to withhold permits; to provide authority and manner of suspending or revoking permits by Board of Tax Appeals; to provide appeals to District Courts from Board of Tax Appeals in cases in- volving the suspending and revoking of permits; to provide authority for Collector of Revenue and Board of Tax Appeals to make rules; to provide jurisdiction of courts; to require all those engaged in the production, manu- facture, sale, use, consumption, handling or distribution of beer, porter, ale, fruit juices, or wine to make such reports of their business as may be necessary for the proper enforcement of this Act; to require every wholesale dealer in beer, porter, ale, fruit juices, or wine to furnish a surety bond under the regulations as provided herein; to provide that the proceeds of said taxes collected under the provisions of this Act shall be paid into the General Fund of the State to be apportioned first to the Public Schools of the State, and, secondly, the residue, if any, to be allotted to various charitable institutions of the State; to provide that parishes and munic- ipalities may impose a wholesale and retail license upon such business, not in excess of the amount allowed by the Constitution and the provisions of this Act; providing that the State shall not issue any permits for the opera- ation of the business to be licensed in parishes or municipalities wherein the business described in this Act has been prohibited by a referendum vote held under the laws of the State; and providing for the issuance of permits to wholesalers and jobbers, and to retailers, for the conduct of such business, by the Collector of Revenue, and by the respective parishes and municipalities of the State; and providing for the definition of the terms “dealers,” “Collector of Revenue,” “Collector,” “grocery store,” and “drug store”; and to repeal any and all laws or parts of laws in conflict herewith.” Section 1. Be it enacted by the Legislature of Louisiana, That the title and Sections 1 and 2 (as amended by Act 190 of 1946) and Section 5 of Act 2 of the Extra Session of 1933, as amended, are hereby amended and re-enacted so as to read respectively as follows: “An Act to provide ad- 790 Vol. IV Acts of the Legislature º: ditional revenues for the State of Louisiana by levying excise or license taxes and to permit parishes and municipalities of the State to levy certain excise or license taxes as herein authorized on all beer, porter, ale, fruit juices, or wine sold, handled, used, consumed, or distributed in the State of Louisiana of an alcoholic content not exceeding that which is now per- mitted or which may be hereafter permitted by law, but greater than one-half of one per cent of alcohol by volume; fixing the time of collecting such taxes and providing for the expense thereof; to prescribe the manner and the method of enforcing payment, and fixing penalties for failure to make same, and penalties for violating other provisions of this Act; to provide qualifications a licensee shall possess to obtain a permit; to provide offenses or acts which licensee must not commit on premises; to provide authority for municipal offices, police juries and the Collector of Revenue to withhold issuing of state and local permits; to provide authority for persons to petition for withholding of permits, and trial of the petition by Board of Tax Appeals; to provide appeal from withholding of state and local permits to District Court and appeal to District Court from Board of Tax Appeals on petitions to withhold permits; to provide authority and manner of suspending or revoking permits by Board of Tax Appeals; to provide appeals to District Courts from Board of Tax Appeals in cases involving the suspending and revoking of permits; to provide authority for Collector of Revenue and Board of Tax Appeals to make rules; to pro- vide jurisdiction of courts; to require all those engaged in the production, manufacture, sale, use, consumption, handling, or distribution of beer, porter, ale, fruit juices, or wine to make such reports of their business as may be necessary for the proper enforcement of this Act; to require every wholesale dealer in beer, porter, ale, fruit juices, or wine to furnish a surety bond under the regulations as provided herein; to provide that the pro- ceeds of said taxes collected under the provisions of this Act shall be paid into a special fund in the Treasury, to be apportioned by the Governor for the payment of a bonus to the Veterans of the State of World War II, or their dependents, when authorized by amendment to the Constitution, and any residue not needed for such bonus shall be passed to the General Fund by the Treasurer; to provide that parishes and municipalities may impose a wholesale and retail license upon such business, not in excess of the amount, allowed by the Constitution and the provisions of the Act; providing that the State shall not issue any permits for the operation of the business to be licensed in parishes or municipalities wherein the business described in this Act has been prohibited by a referendum vote held under the laws of the State; and providing for the issuance of permits to whole- salers and jobbers, and to retailers, for the conduct of such business, by the Collector of Revenue, and by the respective parishes and municipalities of the State; and providing for the definition of the terms “dealers,” “Collector of Revenue,” “Collector,” “grocery store,” and “drug store”; and to repeal any and all laws or parts of laws in conflict herewith so as to increase the tax now levied on beer, porter, ale, fruit juices, or wine sold, handled, used, consumed or distributed in the State as herein provided.” Section 1. Be it enacted by the Legislature of Louisiana, That Section 1, 2, and 5 of Act 2 of the Extra Session of 1933, as amended by Acts 148 of 1940, 203 of 1940, 203 of 1944 and 190 of 1946, be amended and re-enacted so as to read as follows: Section 1. (a) Be it enacted by the Legislature of Louisiana, That there is hereby levied an excise or license tax of Ten Dollars ($10.00) per barrel containing not more than thirty-one (31) standard gallons, and at a like rate for any other quantity or fractional parts of such barrel, on beer, porter, ale, fruit juices, or wine, containing in excess of one-half of one per centum (0.5%) of alcohol by volume and not in excess of six per centum (6%) of alcohol by volume, sold, handled, used, consumed or distributed in the State of Louisiana from the effective date of this Act, to be collected as hereinafter set forth. (b) The tax levied in Subsection (a) of this Section shall apply on all floor stocks of beer, porter, ale, fruit juices, or wine, in the possession of any person, firm, corporation, partnership or association of persons on the effective date of this Act, regardlesss of whether the tax of one dollar 791 Vol. IV Acts 1948 Legal Materials ($1.00) per barrel as levied on such beer, porter, ale, fruit juices, or wine by Section 1 of Act 2 of the Extra Session of 1933, before amended and/or the tax of fifty cents ($0.50) per barrel as levied on such beer, porter, ale, fruit juices, or wine by Section 2 of Act 2 of the Extra Session of 1933, as last amended by Act 190 of 1946, have been paid thereon; pro- vided, however, that a credit equal to any amount of taxes paid under the above mentioned levies shall be allowed against the tax due under Sub- section (a) on all floor stocks of beer, porter, ale, fruit juices, or wine, in the possession of such person, firm, corporation, partnership or associa- tion of persons on the effective date of this Act. (c) Any persons, firms, corporations, partnerships, or associations of persons, and particularly dealers, as defined in this Act, who, on the effective date of this Act, have in their possession floor stocks of beer, porter, ale, fruit juices, or wine, shall, on the effective date of this Act, take a physical inventory thereof, listing the kind, and brands and the quantity by types of containers; and shall, on or before twenty days after the effective date of this Act, file with the Collector of Revenue, on forms prescribed and supplied by him, and in accordance with rules and regulations pro- mulgated by him, a return showing the details and the totals of such in- ventory and the amount of tax due thereon, and the amount of credit claim thereon under Subsection (b); and shall pay to the Collector the tax due. Provided that payment of the tax due on floor stocks of beer, porter, ale, fruit juices, or wine may be postponed, in the discretion of the Collector to a date not later than October 20th, 1948 upon the filing of a surety bond in such form and amount and with such surety as the Collector may prescribe. (d) All delinquencies and delays in filing returns under Subsection (c) and paying the tax on floor stocks of beer, porter, ale, fruit juices, or wine, shall be subject to all interest and penalties provided by law.” Section 2. (a) The aforesaid tax of Ten Dollars ($10.00) per barrel containing not more than thirty-one (31) standard gallons, and at a like rate for any other quantity or for the fractional parts of such barrel, shall be collectable from all persons, firms, corporations, or association of persons, engaged as dealers in the handling, sale, use, consumption or distribution of such beer, porter, ale, fruit juices, or wine within the State of Louisiana, the method of collection to be as prescribed in this Act. The term “dealer” as used in this Act is defined to mean any person, firm, corporation or association of persons, who produces or manufactures beer, porter, ale, fruit juices, or wine of an alcoholic content not exceeding that which is now, or may hereafter be, permitted by law, but greater than one half of one per centum of alcohol by volume, for sale to the jobber, retailer or con- sumer; or the persons, firms, corporations or associations of persons who, in turn, sell to the jobber, retailer, or consumer. The term “dealer” is further defined to mean the persons, firms, corporations or associations of persons who import such beer, porter, ale, fruit juices, or wine from any other state or foreign country for sale, handling, use, consumption or distribution in the State of Louisiana, and on all such beer, porter, ale, fruit juices, or wine imported from other states or any foreign country and used by him, the importer shall be and is hereby classified as a “dealer” and shall pay the tax on the amount of such beer, porter, ale, fruit juices, or wine so imported and used by him the same as if it had been sold within the state. (b) Before engaging in the business of dealing, as herein defined, in beer, porter, ale, fruit juices, or wine of the alcoholic content now au- thorized, or which may be hereafter authorized, by law in excess of one- half of one per centum by volume, all wholesalers or jobbers are required to, and shall obtain, annually, dating from January 1st of each year, from the Collector of Revenue of Louisiana, before commencing business, a permit to conduct such wholesale or jobbing business and shall pay for such permit the sum of Seventy-five ($75.00) Dollars. No person, firm or corporation holding a wholesale permit shall be issued a retail permit. Provided this provision does not apply to those engaged in the wholesale and retail business before the date this Act goes into effect. And 792 Vol. IV Acts of the Legislature º: provided further, that anyone coming within this exception and who holds a retail package house permit under the provisions of Act 15 of the Regular Session of 1934 shall not be issued a “Class A’’ retailers permit, but may be issued a “Class B” retailers permit. (c) Before engaging in the business of dealing, as herein defined, at retail, in beer, porter, ale, fruit juices, or wine of the alcoholic content now authorized or which may be hereafter authorized by law in excess of one-half of one per centum of alcohol by volume, all “Class A" retailers are required to obtain, and shall obtain, annually dating from January 1st each year, from the Collector of Revenue of Louisiana, before com- mencing business, a permit to conduct such retail business, and shall pay for such permit the sum of Fifteen ($15.00) Dollars. Such permit shall authorize the holder thereof to purchase such beer, porter, ale, fruit juices, or wine only from licensed manufacturers or wholesalers within the state and to sell the same at retail for consumption on or off the licensed premises. (d) Before engaging in the business of dealing, as herein defined, at retail, in beer, porter, ale, fruit juices, or wine of the alcoholic content now authorized, or which may hereafter be authorized, by law in excess of one-half of one per centum, of alcohol by volume, all “Class B’’ retailers are required to and shall obtain annually, dating from January 1st of each year, from the Collector of Revenue of Louisiana, before commencing business, a permit to conduct such business and shall pay for such permit the sum of Ten ($10.00) Dollars. Such retail permit shall authorize the holder thereof to purchase such beer, porter, ale, fruit juices, or wine only from licensed manufacturers or wholesalers within the state and to sell the same at retail in bottles, cans or other sealed containers only, and only for consumption off the licensed premises. A “Class A* retailer's permit shall not be issued to the holder of a “Class B’’ retailer's permit and such “Class B’’ retailer's permit may be issued only to the proprietor, owner of a grocery store, drug store or to the holder of a package house permit licensed under the provisions of Act 15 of the Regular Session of 1934, as amended (Alcoholic Beverage Tax Law). For the purpose of this Act the term “grocery store,” means and includes any retail establishment commonly known as a grocery store, or delicates- sen where food or food products are sold for consumption off the premises. The term “drug store” means and includes any establishment in which drugs and medicine are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists or veterinarians are compounded and sold by a registered pharmacist. (e) Parishes and municipalities of this state are hereby authorized and empowered, in such subdivisions of the state wherein the aforesaid business has not been specifically prohibited by a referendum vote to issue local permits similar to the state permits herein authorized to be issued by the Collector but shall not charge more than Seventy-five ($75.00) Dollars for a wholesaler's permit, Thirty-five ($35.00) Dollars for a “Class A” retailer's permit, and Twenty-five and No/100 ($25.00) Dollars for a “Class B” retailer's permit. Provided, however, that any municipality having a population in excess of 400,000 inhabitants is empowered and authorized to issue similar permits, and may charge an amount therefor not in excess of One Hundred ($100.00) Dollars per annum for a whole- saler’s or “Class A* retailer's permit and Twenty ($20.00) Dollars for a “Class B’’ retailer's permit. Provided however, when a person obtains the required local wholesaler's permit to engage in business as a wholesaler or dealer he may do business in other municipalities or parishes and said municipalities and parishes shall not impose a tax or license on him of any nature to do business within their territorial limits unless he main- tains a regular branch of his wholesale business within their respective limits. (f) No parish or municipality shall require a wholesaler or retailer to secure a permit to engage in the business as provided by Act 15 of the Regular Session of 1934, as amended (Alcoholic Beverage Tax Law) as a condition precedent to issuing a permit to engage in the business of 793 Vol. IV Acts 1948 Legal Materials dealing as herein defined in beer, porter, ale, fruit juices, or wine of the sº content now authorized or which may be hereafter authorized y law. - (g) A permit issued in accordance with the provisions of this Act shall be purely a personal privilege and good from the time of issuance until December 31st, next following, unless sooner suspended or revoked under the provisions of this Act. Permits shall not be transferable and shall be- come void on the death of the licensee. If the business changes hands during the period the permit runs, a new permit must be applied for and paid for. Should the location of the place of business be changed during the period the permit runs, the state permit must be sent to the Collector of Revenue and the local permit to the municipal authorities, if it is located in a municipality, and to the sheriff, if located outside of a municipality, so that the proper changes of business location may be noted thereon. The permits shall at all times be prominently displayed by the dealer in his place of business so as to be seen and easily read by the public. (h) No permit, as herein, provided, shall be issued for the conduct of said business in any subdivision of the state wherein such business has been prohibited by a referendum vote held under the provisions of the laws of the state. (i) Applications for renewal of state and local permits for the ensuing year shall be filed in the manner provided by this Act on or before No- vember 1st, provided, that for failure to so do twenty-five (25%) per cent of the permit fee shall be added. If such an applicant for renewal of permit fails to make his application before January 1st his application may be denied, and the Collector of Revenue may, without notice or hear- ing, suspend his right to do business. No person shall engage in the business authorized by this Act until he has complied with all the pro- visions of this Act. Provided, further, that any such applicant who makes his application before January 1st shall continue business under his old permit unless it has been suspended or revoked, or the application for the renewal permit has been withheld or denied as herein provided. (j) Applications for both state and local wholesaler or retailer permits shall be in writing and sworn to, and shall contain the full name of the applicant with his correct home address; an accurate description and cor- rect address of the premises, which address shall be considered the proper address for all notices to applicant, or permittee, required by this Act, and an affidavit of the applicant showing that applicant has the following qualifications: (1) Is a person of good character and reputation, and over 21 years of age. (2) Is a citizen of the United States and of the State of Louisiana, and a resident of the State of Louisiana continuously for a period of not less than two (2) years next preceding the date of the filing of such application. Provided, that the requirements as to Louisiana citizenship shall not apply to wholesale, or retail dealers who hold permits at the time this Act goes into effect. - (3) Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state. (4) Is the owner of the premises, or has a bona fide written lease for same. (5) Has not been convicted in this state or in any other state or by the United States of soliciting for prostitution, pandering, letting prem- ises for prostitutes, contributing to the delinquency of juveniles, keep- ing a disorderly place, letting a disorderly place, or dealing in narcotics. (6) Has not had revoked a license or permit to sell or deal in alcoholic beverages issued by the United States or any other state for five (5) years prior to the application, or been convicted or had judgment against him involving alcoholic beverages by this state or any other state of the United States for five (5) years prior to the application. 794 Vol. IV Acts of the Legislature º: (7) If applicant's place of business is conducted wholly, or partly by a manager, agent, servant, or employee, such person shall possess the qualifications provided by this Act. - • . (8) No permit shall be granted for any premises situated within three hundred (300) feet, or less distance, provided by a municipal or parish ordinance, of a building occupied exclusively as a church or synagogue, or public library, or public playground, or school, except a school for business education conducted as a business college or school. In munic- ipalities and in unincorporated areas which are divided into subdivisions with streets, blocks, sidewalks, etc., the measurement to be taken shall be as a person walks using sidewalk from the nearest point of the property line of the church or synagogue, or public library, or public playground, or school, to the nearest point of the premises to be licensed as described in the application. In undeveloped rural areas the measure- ments to be taken shall be in a straight line from the nearest point to nearest point of the respective premises. Provided, however, that these restrictions shall not apply to any premises which are maintained as a bona fide hotel, railway car, or bona fide fraternal organization, and provided further that this restriction shall not apply to any premises licensed to deal in beverages authorized by this Act for a period of one year prior to the passage of said ordinances. (9) The place of business shall not be a zoned area designating boundaries provided by municipal ordinances and adopted pursuant to the zoning laws of this state. (10) Applicant shall not have been convicted of violating any of the provisions of this Act. (11) If applicant has been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of subsection (b) of Section 19 of this Act the granting of a permit shall be within the discretion of the local licensing authorities. (12) If application is by a partnership, or any one in partnership with, or financed by another, all members of the partnership, or the person or persons furnishing the money, shall be qualified to obtain a permit, and the application shall name all partners or financial backers and furnish their proper addresses. - (13) If applicant is a corporation all officers and directors and all stockholders owning in the aggregate more than five per centum (5%) of the stock, and the person or persons who shall conduct or manage the business shall possess the qualifications required by this Act. Pro- vided, the requirement as to residence shall not apply to officers, direc- tors and stockholders of such corporation. (14) Any mis-statement or concealment of fact in an application shall be grounds for revocation of the permit issued thereon. (15) If permit is granted to any person, firm or corporation who is, or has been engaged in the alcoholic beverage business with any person whose application for a permit has been denied, or whose permit has been revoked, in the relationship of spouse, agent, partner, employer, employee, or interposed person, the permit may be revoked. (16) A person not possessing a retail dealer's permit but desirous of obtaining one, prior to making an application for the issuance of the permit, shall insert the following signed notice twice in a newspaper printed and published in the municipality where applicant desires to operate his business, or in a newspaper published nearest to his place of business, if it is not located in a municipality where a newspaper is printed and published: Notice . . . “I am applying to the Collector of Revenue of the State of Louisiana for a permit to sell beer at retail, as defined by law, at the following address. . . . . . . . . . . . . . . . . . . . . . . . in the Parish of... . . . . . . . . . . . . . . . .22 Provided, however, that the publication of notice shall not apply to licensee seeking the renewal of their permits. (17) An applicant for a retail dealer's permit shall show in his appli- cation that he possesses all the qualifications of subsection (j) of 795 Vol. IV ſ: Legal Materials Section 2 and other provisions of this Act, and unless he is seeking a renewal of his permit, he shall attach a certificate of publication by the publisher of the newspaper in which the notice is published as a part of his sworn application. (18) In cases involving the issuance of State and local permits to applicants holding a current permit and desirous of obtaining new permits the issuance of the applied for permits may be withheld in the man- ner herein provided, if applicant has violated any of the provisions of subsections (1) and (m) of Section 2 of this Act during the life of his current permits. (k) The application for a State permit shall be mailed or delivered to the Collector of Revenue of the State of Louisiana with the permit fee, and the application for a local permit shall be mailed or delivered to municipal authorities, the police jury having jurisdiction of the place of business, with the permit fee. An applicant shall mail or deliver his appli- cation for state and local permits within twenty-four (24) hours of each other, and if he fails to do so his application may be denied by either the state or local authorities. Upon receipt of the application, the Collector, municipal authorities, or the police jury, as the case may be, shall im- mediately write or stamp the day and date of receipt. A state or local permit for a place of business located in an unincorporated municipality shall not be issued until after thirty-five (35) calendar days have expired since receipt of the application, and a state or local permit for a place of business located outside of an incorporated municipality shall not be issued until thirty-five (35) calendar days have expired since receipt of the appli- cation. Provided, further, that the police jury upon receipt of each applica- tion for a permit shall immediately notify the sheriff of its parish of said application for a local permit. (1) No holder or a retail dealer's permit issued under the provisions of the Act, or any servant, agent, or employee of the permittee shall do any of the following upon the licensed premises: (1) Sell beverages, as described in this Act, to minors. A minor, for the purpose of this Act, is a male or female person under the age of eighteen (18) years; (2) Sell beverages authorized to be sold by the permit to any in- toxicated persons; (3) Intentionally entice, aid, or permit any child under the age of seventeen (17) years to visit any place where spirituous or intoxicating liquors are principal commodity sold or given away; (4) Permit any prostitute to frequent the licensed premises; (5) Permit any disturbance of the peace, obscenity, or any lewd, immoral or improper entertainment, conduct or practices on the licensed premises; (6) Sell, offer for sale, possess or permit the consumption on the li- censed premises of any kind or type of alcoholic beverages, the sale or possession of which is not authorized under his permit; (7) Intentionally conduct illegal gambling, as now or may hereafter be defined by law, on the premises described in the application for the permit; (8) Employ or permit females, commonly known as “B Girls” to frequent the premises and Solicit patrons for drinks or to accept drinks from patrons and receive therefor any commission, or receive remunera- tion therefor in any other way; (9) Employ anyone under eighteen (18) years of age, wherever the sale of alcoholic beverages constitute the main business. Provided, if alcoholic beverages do not constitute the main business, an employee under eighteen years of age shall not handle or work with alcoholic beverages; (10) Fails to keep premises well lighted, or fails to keep all outside windows and doors open to view from the sidewalk or outside; 796 Vol. IV Acts of the Legislature º: (11) Permit the playing of pool or billiards on the licensed premises by persons under eighteen (18) years of age, or permit such persons to frequent the licensed premises operating a pool or billiard hall. (m) In addition to the causes for suspension or revocation of permits enumerated in subsection (1) of Section 2 of this Act a permit may be suspended or revoked if a permittee has been found guilty by the mayor, city court, justice court, or district court, as the case may be, of the following offenses: Act 18 of 1886 (Sunday Closing Law); and Munic- ipal or parish ordinance providing for Sunday closing or other closing hours, and a permit may be likewise suspended or revoked if the per- mittee has been convicted of the violation of any municipal or police jury ordinances enacted pursuant to the authorization of subsection (b) of Section 19 of this Act whenever such ordinances provide for a sus- pension or revocation of the permit as a penalty for its violation. Provided, that when a permit is revoked for any legal cause no new state or local permit shall be issued covering the same premises until one (1) year from the date of revocation. (n) The Collector of Revenue, with respect to state permits, and munic- ipal authorities, or police juries where the places of business are located, with respect to local licenses, have the power and authority to withhold the issuance of permits in the manner and under the terms and conditions specified in this Act. (o) The Collector of Revenue, municipal authorities, police juries, sheriffs, law enforcing authorities, and citizens have the right to have a permittee cited by the Board of Tax Appeals to show cause why his permits should not be suspended or revoked in the manner and under the terms and conditions specified in this Act. (p) The right to determine what person or persons shall or shall not be licensed hereunder shall be exercised in the following manner: (1) It shall be the duty of the municipal authorities and police juries within their respective jurisdiction to investigate all applications for local permits, and they shall withhold the issuance of permits if they have good reason to believe the applicant does not qualify under the provisions of this Act. The decision to withhold a local permit shall be made within thirty-five (35) calendar days of its filing with respect to incorporated municipalities, and within thirty-five (35) calendar days of its filing with respect to applications outside of incorporated municipalities, and the withholding authority shall within the said period of time notify the Collector of Revenue that they are with- holding the permit and shall give the reason or reasons for doing so, which reason or reasons shall be specified or authorized by this Act. Upon receipt of such a notice, and if the notice of withholding is based upon causes enumerated in this Act or authorized herein, the Collector of Revenue shall withhold the issuance of the applicant's state permit, and the Collector of Revenue shall within five (5) calendar days after the receipt of the said notice, notify the applicant in writing of the action, and shall assign reasons for the witholding of the issuance of the permits. Applicant for a permit receiving such a notice shall have ten (10) calendar days from the date of the notice mailed to him by the Collector of Revenue to appeal to the District Court having jurisdic- tion of his place of business. If an applicant thus notified does not timely appeal to the said District Court, the Collector of Revenue and the local authorities where the business is located shall not issue the state and local permits. (2) It shall be the duty of the Collector of Revenue to investigate the qualifications of applicants for state permits and to withhold the issuance of a state permit if he has good reasons to believe that an applicant is not qualified for the reasons specified or authorized in this Act, and he shall within said periods of time notify in writing the municipal authorities or police jury, as the case may be, where applicant has his place of business, and shall specify the reasons for withholding the issuance of the state permit. Upon receipt of this notice the munic- ipal authorities or the police jury, as the case may be, shall withhold 797 Vol. IV Acts 1948 Legal Materials the issuance of the local permit. The Collector of Revenue, within five (5) calendar days of mailing to the local authorities his notice of withholding the issuance of the state permit, shall notify the applicant in writing of the withholding of the permit and shall assign the reasons therefor. The applicant receiving such a notice shall have ten (10) calendar days from the date of the notice to him to appeal to the District Court having jurisdiction of his place of business. If the appli- cant thus notified of the withholding of the issuance of the permit fails to timely appeal to the said District Court the Collector of Revenue and the municipal authorities or police jury, as the case may be, shall not issue state or local permits. (3) Any citizen who has for at least six (6) months prior thereto resided in the parish wherein the licensed premises of an applicant for a permit is situated, or any public official, state or local law enforce- ment officer may oppose the issuance of permits by filing with the municipal authorities having jurisdiction to issue local permits, or police jury of the parish where business is located, if outside of a municipality, or with the Collector of Revenue a sworn petition of opposition. If such a petition is filed with municipal authorities within thirty-five (35) calendar days of the filing of application for a municipal permit or with the police jury within thirty-five (35) calendar days of the filing of application for a parish permit, as the case may be, said municipal authorities or police jury shall withhold the issuance of the local permit, and shall immediately notify the Collector of Revenue of the action enclosing the petition of opposition and any supporting documents, whereupon the Collector of Revenue shall withhold issuance of the state permit. If, on the other hand, such a sworn petition of opposition is timely filed with the Collector of Revenue, he shall withhold the issuance of the state permit, and he shall immediately notify the local au- thorities having local jurisdiction of issuing local permit, and the said local authorities thus notified shall withhold issuance of the local permit. The Collector of Revenue, immediately upon receipt of such a sworn petition, shall notify the Board of Tax Appeals and transmit to the Board the petition of opposition, and the Board shall hold a hearing on the petition in the manner provided by subsection (r) of Section 2 of this Act. Provided, however, that no such petition of opposition shall be acted upon either by the Collector of Revenue, local authorities, or the Board of Tax Appeals unless it is sworn by the petitioner in an affidavit which also affirms that petitioner or petitioners, together with witnesses, if any, will appear at the hearing to establish the allegations of the petition, and provided, further, that no such petition shall be acted on unless the petitioner sets forth a cause or causes enumerated in or authorized by this Act for the withholding of a permit, together with allegations of sufficient facts, dates, and circumstances to sustain said cause or causes for withholding the permits. (4) Municipal authorities and police juries shall have authority to withhold local permits under the provisions of paragraph (1) of sub- section (p) of Section 2 of this Act, without a hearing, and the Col- lector of Revenue shall have authority to withhold state permits under the provisions of paragraph (2) of subsection (p) of Section 2 of this Act without a hearing. Provided, however, if a state permit is with- held by the Collector of Revenue, or a local permit is withheld by municipal authorities or the police jury under the provisions of para- graph (2) of subsection (p) of Section 2 of this Act a hearing by the Board of Tax Appeals on the petition of opposition shall be granted applicant. (q) The suspension or revocation of a permit shall be brought about in the following manner: (1) It shall be the duty of the Collector of Revenue to cause periodic investigations to be made of the business of permittees holding state permits, and when violations of provisions of this Act are observed which are sufficient cause for suspension or revocation of the permit he shall file an affidavit with the Board of Tax Appeals setting forth 798 Vol. IV Acts of the Legislature º: the facts and circumstances of the violations whereupon the Board shall cite the permittee to appear for a hearing to show cause why his permit should not be suspended or revoked. (2) It shall be the duty of municipal authorities, and sheriffs, to periodi- cally investigate the operation of the business of all permittees within their respective jurisdiction, and when violations of provisions of this Act are observed, which are sufficient cause for suspension or revocation of the permit, they shall file an affidavit with the Board of Tax Appeals setting forth all the facts and circumstances of the violations whereupon the Board shall cite the permittee to appear for a hearing to show cause why his permit should not be suspended or revoked. (3) Any citizen who has for at least six (6) months prior thereto resided in the parish where the licensed premises are located may file with the Board of Tax Appeals, the Collector of Revenue, municipal authorities, sheriffs, or police juries a sworn petition requesting that a permit be suspended or revoked. If such a petition is filed with the Collector of Revenue, municipal officers, sheriffs, or police juries these officials shall immediately transmit it to the Board of Tax Appeals. When such a petition is transmitted to the Board of Tax Appeals, or in the first instance is filed with said Board, the Board shall hold a hearing on the petition in the manner provided by subsection (r) of Section 2 of this Act. Provided, however, that no such petition shall be considered by the Board of Tax Appeals unless sworn to by the petitioner in an affidavit which also affirms that petitioner or petitioners, together with witnesses, if any, will appear at the hearing to establish the allegations of the petition, and provided, further, that no such petition shall be considered by the Board of Tax Appeals unless the petition sets forth cause or causes enumerated in or authorized by this Act for the sus- pension or revocation of a permit, together with the allegation of sufficient facts, dates and circumstances to sustain said cause or causes for sus- pension or revocation. (4) A permit shall not be suspended or revoked except for causes specified in this Act. Provided, that if a person has more than one permit and one of his permits is suspended or revoked, the Board of Tax Appeals may suspend or revoke all of his permits. (r) Hearings by the Board of Tax Appeals shall be held and conducted the following manner: (1) When the Board of Tax Appeals is notified of a sworn petition of opposition to the issuance of a permit filed in accordance with the provision of paragraph (3) of subsection (p) of Section 2 of this Act, or is requested in the manner provided by subsection (g) of Section 2 of this Act to hold a hearing to determine if a permit shall or shall not be suspended or revoked, it shall within five (5) calender days give written notice to the applicant or permittee, as the case may be, in- forming him of the hour, date, and place of the hearing, which shall be not more than twenty (20) or less than five (5) calendar days of the date of the notice. This notice shall contain the reasons for sus- pending or revoking the permit, and if a petition of opposition to the issuance of a permit is filed, it shall contain a copy of the petition. These notices shall be sent by registered mail, and shall be directed to the name and address given on the application for a state permit. (2) Whenever provision is made by this Act for the holding of a hearing by the Board of Tax Appeals, such a hearing or hearings shall be conducted in the parish in which the licensed premises in question is situated. Hearings may be held by the whole Board or any two members thereof, or by one member, or by a member of the legal staff of the Department of Revenue when designated by the Board, or by any local authority or person when designated by the Board. Provided, however, if the hearing is held by a member of the legal staff of the Department of Revenue, or by any local authority or person designated by the Board, such person shall take an oath for the faith- ful performance of his duties, which oath may be administered by any- one qualified by law to administer oaths in this state. The Board, or local authority, or person delegated to hold the hearing, shall have power to 799 Vol. IV Acts Legal Materials 1948 administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts and documents, and to ex- amine witnesses and receive testimony on such hearing. Whenever any hearing is conducted by a single member of the Board or local au- thority or person delegated to hold the hearing, the testimony given at such hearing shall be reduced to writing and a transcript thereof, together with all documents and records, if any introduced in evidence, together with all written arguments or briefs submitted therein shall be certified by the hearing examiner to the full Board of Tax Appeals for its consideration and disposition in the manner provided by law. (3) In the case of the disobedience of any person to comply with a subpoena issued by the Board or any duly authorized hearing examiner thereof, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, the person or persons conducting the hearing, shall adjudge a fine of not less than One Hundred Dollars ($100.00), or imprisonment in the parish jail of not more than thirty (30) days, or both, and it shall be the duty of the sheriff of the parish where the hearing is held to execute the judgment of contempt of the Board of any duly authorized examiner thereof. (4) If the permittee who has been notified of a hearing does not appear, the hearing may proceed and upon consideration of the evidence the Board shall issue its orders thereupon. (s) (1) The Board of Tax Appeals is authorized to hear and determine, and shall hear and determine, cases involving the withholding of the issuance of permits pursuant to the provisions of this Act, and the Board of Tax Appeals is also authorized to hear and determine, and shall hear and determine, cases involving the suspension or revocation of permits pursuant to the provisions of this Act. (2) In determining cases involving the suspension or revocation of permits if the Board of Tax Appeals finds that permittee has not previously violated any of the provisions of this Act, or has not had a permit pre- viously suspended or revoked, and if it satisfactorily appears that there is reasonable ground to expect that the permittee will not again violate any of said provisions, the Board may suspend the permit for such time at it may deem proper. Provided, however, if the permittee has previously had his permit suspended or revoked or if the violations are of a very aggravated and serious nature it shall be mandatory to revoke the permit, and the Board shall issue its orders accordingly, which order must be executed by the Collector of Revenue and local authorities. (3) The decisions of the Collector of Revenue in withholding a state permit under the provisions of this Act, the decisions of local authorities in withholding a local permit under the provisions of this Act, and the decision of the Board of Tax Appeals in cases tried by the Board under the provisions of this Act shall be final and binding on all parties unless appealed in the manner herein provided and finally reversed by the Courts. Provided, that any aggrieved party may take a devolutive appeal to the District Court having jurisdiction of the place of business from a decision of the Collector of Revenue or local authorities in withholding issuance of permits as aforesaid, and from the Board of Tax Appeals in cases tried by the Board under the provisions of this Act, within ten (10) days of the date of the notice of the withholding of the permits or of the signing of orders by the Board of Tax Appeals. If an appeal is not timely taken, the action of the licensing authorities or of the Board of Tax Appeals shall be final. Such appeals shall be tried de novo. Provided, further, that in an appeal to the District Court either aggrieved party may amend and supplement his pleadings, and additional witnesses may be called and heard. Within ten (10) calendar days of the signing of the judgment by the District Court on all such appealed cases any aggrieved party may devolutively appeal the judgment to the Court of Appeals having jurisdiction of the District Court. The orders of the Collector of Revenue, and the Board of Tax Appeals and local authorities in with- holding permits, and of the Board of Tax Appeals affirming the withholding of permits based upon sworn petitions of opposition, and orders of the 800 Vol. IV Acts of the Legislature º: Board of Tax Appeals suspending or revoking permits shall not be suspended by any Court, and all appeals therefrom shall have the effect only of a devolutive appeal. Appeals from the orders of the Collector of Revenue, and the Board of Tax Appeals, and local authorities in withholding permits, and from orders of the Board of Tax Appeals, shall be granted on the written petition of either party by the Clerk of Court, provided, the applicant or permittee shall first furnish bond for costs. Appeals to the Court of Appeals or other Appellate Courts shall be perfected in the manner provided for civil cases, but shall be devolutive in their nature and effect. (4) If the District Court of the Appellate Courts determine that the Collector of Revenue, municipality or police jury, as the case may be, erred in refusing to issue a permit, or determine that the decision of the Board of Tax Appeals in cases tried by the Board under the provisions of this Act was in error, such action shall be voided and set aside, and the Court shall order the issuance of the permit, or its reinstatement, as the case may be. If the Court determines that said licensing authority, or the Board of Tax Appeals was justified in the action, the same shall be affirmed. All proceedings in the District Court arising under this Act shall be heard summarily by the Court without a jury and shall take precedence over other civil cases, and shall be tried in chambers, or in open court, and in or out of term. (5) In questions involving the granting of a permit under the provisions of this Act when the Collector of Revenue, or local authorities have with- held the issuance of a permit, or when they or others have properly peti- tioned the Board of Tax Appeals to cite a permittee to show cause why his permit should not be suspended or revoked, the Courts of this state shall have no jurisdiction to interfere in any manner, or to issue restraining orders and writs of injunction restraining them from proceeding under the provisions of this Act, and the jurisdiction of the Courts is restricted to appeals to the District Court where the place of business is located as herein provided by the provisions of this Act. The action of the Collector of Revenue, or the Board of Tax Appeals, or local authorities, in with- holding a permit under the provisions of this Act, or the exercise of the power granted herein under the provisions of this Act, or the exercise of the power granted herein to the Board of Tax Appeals to either suspend or revoke a permit shall not be enjoined or superseded by any court, nor shall such action be suspended or stayed during the pendency of the appeals to the courts. (t) The Collector of Revenue shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act for the enforcement of the provisions of this Act. No power conferred upon the Collector of Revenue, however, shall otherwise authorize him by regula- tions, rules or otherwise, to alter, amend, add to, enlarge or restrict the provisions of this Act. Similarly the Board of Tax Appeals shall have authority to adopt rules for the conduct of all hearings provided by this Act. (u) The Collector of Revenue shall pay the Board of Tax Appeals, upon proper warrant of the Chairman of the Board, from funds authorized by Section 18 of this Act, all expenses of hearings, including travel, sub- sistence, stenographic and other expenses imposed on the Board of Tax Appeals in the performance of its duties under the provisions of this Act. (v) In hearings of the Board of Tax Appeals authorized by this Act which result either is affirming the action of the Collector of Revenue or local authorities in withholding the issuance of permits under the pro- visions of this Act, or in suspending or revoking permits hereunder, the Board shall assess the costs of the hearing to applicant or permittee, and such costs shall have the same force and effect as a judgment for costs of District Courts in the trial of civil cases, and shall be collected in the same manner as similar costs in civil judgments of the District Court. (w) Notices required by this Act to be given an applicant for a permit or to holder of a permit informing him of the withholding of his permit, or of a hearing to determine if his permit shall be withheld or suspended or revoked, shall state the time, place and hour of the hearing, which shall not be less than five (5) nor more than twenty (20) calendar days from 801 Vol. IV ſ: Legal Materials the date of the notice. The cause for withholding the permit, or the cause for suspending or revoking the permit shall be stated in the notice, and when a sworn petition is filled, a copy thereof shall be enclosed with the notice. All notices shall be sent by registered mail to applicant or per- mittee at the address given in application for his state permit, and when so addressed and mailed shall be conclusively presumed to have been re- ceived by the applicant or permittee. (x) It shall be the duty of municipal authorities and police juries to enforce the provisions of this Act with respect to the qualifications of applicants for permits and it shall be the duty of the Collector of Revenue and sheriffs to enforce the provisions of this Act relating to the manu- facture, sale and distribution of beer, porter, ale, fruit juices, or wine of the alcoholic content now authorized by law, with respect to the opera- tion and conduct of retail premises. The Collector of Revenue shall com- mission agents in his Department to carry out the provisions of this Act, provide them with appropriate badges of authority and credentials, and such agents shall have powers of peace officers in the performance of their duties. (y) The revocation or suspension of a permit shall be in addition to, and not in lieu of, or limitation of, any other penalty imposed by law, or by this Act. (z) It shall be considered a violation of this Act for any person, firm or corporation not having a permit, or whose application has been with- held or denied as herein provided, or whose permit has been suspended or revoked, to engage in the sale, use, consumption, production, manu- facture, handling or distributing of beer, porter, ale, fruit juices or wine as defined by law. Section 5. The Collector of Revenue shall within the first ten (10) days of each calendar month after the receipt of such taxes from the taxpayer, forward the amount collected by him during the preceding calendar month to the State Treasurer, to be placed to the credit of a Special Fund, to be apportioned by the Governor for the payment of a bonus to the Veterans of the State of World War II or their dependents, when authorized by amendment to the Constitution, and any residue not needed for such bonus shall be passed to the General Fund by the Treasurer. Section 2. All laws or parts of laws insofar as they are inconsistent or in conflict with the provisions of this Act, as herein amended, including such laws as may be adopted by the 1948 Regular Session of the Legislature of Louisiana, be and the same are hereby repealed. Section 3. This Act shall not be construed so as to waive any taxes due under previous laws, and the provisions of Act 2 of the Extra Session of 1933, as heretofore amended, are to remain in full force and effect for the col- lection of all taxes and penalties, etc., due thereunder, except that there shall be no duplication of liability for any one year. Section 4. That the Governor having certified to the Legislature, during the session of the Legislature, the necessity for the immediate passage of this Act, this act shall become effective immediately upon the approval thereof by the Governor. ACT 530 OF 1948 A JOINT RESOLUTION Proposing an amendment to Article XVIII of the Constitution of Louisiana by adding thereto Section 10, relating to bonuses for Louisiana service-men and service-women and ex service-men and ex service-women and certain of their relatives. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, that there shall be submitted to the electors of the State of Louisiana, for their approval or rejection in the 802 Vol. IV Acts of the Legislature º: manner provided for by law, a proposal to amend Article XVIII of the Con- stitution of Louisiana by adding a new section thereto be known as Section 10, which section shall read as follows: Section 10. There shall be paid, out of the tax levied on beer by the act proposed to the Legislature of Louisiana in the Regular Session thereof held in the year 1948 by House Bill No. 111 of said Session, to service-men and service-women and ex service-men and ex service-women who served on active duty in the armed forces of the United States at any time during the period between the 1st day of January, 1941, and the 1st day of March, 1946, and who were citizens of Louisiana when inducted into active duty, and certain relatives of such service-men and service-women, bonuses, sub- ject to the conditions hereinafter set forth, as follows: To the widow of each such service-man who died while serving in the armed forces of the United States during said period or who died at any time prior to December 1, 1949, after having served in the armed forces of the United States during said period, as a result of injuries or wounds received or disease contracted by him while in the armed forces of the United States during said period, the sum of One Thousand Dollars ($1,000.00); provided that no such bonus shall be paid to any widow who has remarried. To the child or children under sixteen years of age, if any, of each such service-man or service-woman who died while serving in the armed forces of the United States during said period or who died at any time prior to December 1, 1949, after having served in the armed forces of the United States during said period as the result of injuries or wounds received or disease contracted by him or her while in the armed forces of the United States during said period and who, if a service-man, has no surviving unremarried widow, the sum of One Thousand Dollars ($1,000.00), said sum, in the case of more than one such child, to be equally divided between them. To the surviving dependent parents, or the surviving dependent parent, if there is only one surviving dependent parent, of each such service-man or service-woman who died while serving in the armed forces of the United States during said period or who died at any time prior to December 1, 1949, after serving in the armed forces of the United States during said period, as the result of injuries or wounds received or disease contracted by him or her while in the armed forces of the United States during said period and who has no surviving unremarried widow, if a service-man, and no surviving children under the age of sixteen years, the sum of One Thousand Dollars ($1,000.00); provided that no bonus shall be paid to any such parent unless such parent was dependent on such service-man or service-woman and was recognized by the armed services of the United States as being dependent on such service-man or service-woman at the time of such service-man's or service-woman's death or separation from active duty with the armed forces of the United States. To each such living service-man or service-woman who served in the armed forces of the United States during said period outside of the United States, the sum of Two Hundred and Fifty Dollars ($250.00). To each such living service-man or service-woman who served in the armed forces of the United States for one year or more during said period and who is not entitled to a greater bonus by the terms hereof, the sum of One Hundred and Fifty Dollars ($150.00). To each such living service-man or service-woman who served in the armed forces of the United States for more than six months but less than one year during said period and who is not entitled to a greater bonus by the terms hereof, the sum of One Hundred Dollars ($100.00). To each such living service-man or service-woman who served in the armed forces of the United States for a term of more than Ninety (90) days but not more than Six (6) months during said period and who is not entitled to a greater bonus by the terms hereof, the sum of Seventy- five Dollars ($75.00). 803 Vol. IV Acts 1948 Legal Materials To each such living service-man or service-woman who has served in the armed forces of the United States for a term of Ninety (90) days or less during said period and who is not entitled to a greater bonus by the terms hereof, the sum of Fifty Dollars ($50.00). No such bonus shall be paid to any service-man or service-woman who has been separated from the armed forces of the United States with- out an honorable discharge or an honorable separation therefrom. No such bonus shall be paid to any service-man or service-woman or parent or child of any such service-man or service-woman unless a claim therefor shall have been field in writing with the officer charged by law, or as provided herein, with the payment of such bonuses on or before the 1st day of December, 1949, and such officer shall have the right to make reasonable rules and regulations for the administration of this section of the Constitution. Unless and until otherwise provided by law, the officer charged by law with the payment of such bonuses shall be an officer of the State designated by the Governor for the purpose. If as of November 1, 1948, any service-man or woman or relative herein entitled to bonus or payment has received a bonus or gratuitous payment from any other State, Territory, or Governmental authority, other than the Government of the United States, the amount of the bonus or gratuitous payment so received shall be deducted from the amount provided herein to be paid to each such person. In the case of a bonus hereunder which may become due to a minor or to another person not sui juris, such bonus shall be paid to the tutor, curator, guardian or other legal representative of the minor or other person not sui juris for the use and benefit of the minor or other person not sui juris, if he has a tutor, curator, guardian or other legal representative, and if such minor or other person not sui juris has no tutor, curator, guardian or other legal representative, then and in that event, such bonus shall be paid to the person found to be in charge of the minor or other person not sui juris, by the officer charged by law with the payment of such bonuses, for the use and benefit of the minor or other person not sui juris. The bonus and payment provided herein shall be completely exempt from all liability from any debt, tax, or obligation. This exemption cannot be waived. Such bonus or payment shall be non-assignable and not subject to pledge or hypothecation in any manner whatsoever. In order to realize sufficient funds with which to pay said bonuses and the necessary cost of its distribution and the administration of this section, the Board of Liquidation of the State Debt is hereby authorized to anticipate the collection of the said tax and to incur debt to an amount not exceeding Sixty Million Dollars ($60,000,000.00), and, as evidence thereof, to issue certificates of indebtedness, bonds, notes, or other evidences of debt, in such amounts and denominations and with such maturities and at such rate of interest as in the judgment and wisdom of said Board is deemed advisable. The said notes, bonds, certificates of indebtedness, or other evidences of debt may be issued whenever the said Board of Liquidation of the State Debt may so determine, the same shall be signed by the Governor, the Treasurer, and the Auditor, and shall be attested by the Secretary of State, provided that the signatures of the Governor and one of the other officials required to sign said bonds may be printed, lithographed or engraved thereon as may be provided for in the proceedings of the Board of Liquidation of the State Debt providing for the issuance of such bonds, but the other two signatures shall be the manual signature of the other officials required to sign said bonds. Any coupons attached thereto shall bear the facsimile signature of the Treasurer of the State of Louisiana. All bonds issued by virtue hereof shall be and are hereby declared to have the qualities of negotiable paper under the Law Merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestible in the hands of bona fide purchasers or holders thereof. 804 Vol. IV Acts of the Legislature º: No proceedings in respect to said bonds authorized to be issued here- under shall be necessary except such as are contemplated by this amend- ment which, upon its adoption, shall be self-operative, and no further or other legislation shall be required to effect the same. In order to secure the payment of said notes, bonds, certificates of indebtedness, or other evidences of debt, and the interest thereon, the said Board of Liquidation, as now constituted, is authorized to pledge and dedicate the avails and proceeds of the said tax. The proceeds of any and all such notes, bonds, certificates of in- debtedness, or other evidences of debt shall be turned over and delivered to the officer charged by law with the payment of such bonuses and shall by him be applied to the payment of the bonuses and the necessary cost of their distribution and the administration of this section. The said tax is hereby dedicated to the payment of the said notes, bonds, certificates of indebtedness, or other evidences of debt, and the interest thereon, and to the payment of the bonuses hereby provided and the necessary cost of their distribution and the administration of this section, until all valid claims for such bonuses filed before the 1st day of December, 1949, with the officer charged by law with the pay- ment of such bonuses and all of said notes, bonds, certificates of in- debtedness, or other evidences of debt, and all interest thereon, shall have been fully paid. The surplus or residue of said tax in each year, after paying the bonus and the notes, bonds, certificates of indebtedness, or other evidences of debt herein authorized and all interest due thereon shall be passed to the General Fund by the Treasurer. Until all such valid claims for bonuses and all such notes, bonds, cer- tificates of indebtedness, or other evidences of debt, and all interest thereon, shall have been paid, each calendar month the officer charged by law with the collection of said tax shall pay into the State Treasury all proceeds of said tax collected by the officer charged by law with the collection of said tax during the preceding calendar month, and the Board of Liquidation of the State Debt, shall cause to be applied said proceeds of said tax to the payment of said notes, bonds, certificates of indebtedness, or other evidences of debt, and the interest thereon, and to the payment of the bonuses hereby provided for. Provided that any surplus or residue of said tax in each year, after paying the bonus and the bonds or other obligations herein authorized, and the interest thereon, shall be passed to the General Fund, as herein- above provided. Until all such valid claims for bonuses and all such notes, bonds, certificates of indebtedness, or other evidences of debt, and all interest thereon, shall have been paid in full, the said tax shall not be abolished or reduced and no laws shall be adopted by the Legislature of Louisiana affecting adversely the collection thereof. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress to be held in Louisiana on the first Tuesday next following the first Monday in November, 1948. Section 3. That on the official ballot to be used at said election there shall be printed: FOR the proposed amendment of Article XVIII of the Constitution of Louisiana by adding thereto Section 10, relating to bonuses for Louisiana service-men and service-women and ex service-men and ex service-women and certain of their relatives, the issuance of bonds to obtain funds to pay such bonuses and dedication of a beer tax to the payment of such bonuses and the retirement of such bonds. and also: AGAINST the proposed amendment of Article XVIII of the Constitution of Louisiana by adding thereto Section 10, relating to bonuses for Louisiana service-men and service-women and ex service-men and ex service-women and 805 Vol. IV ſº Legal Materials certain of their relatives, the issuance of bonds to obtain funds to pay such bonuses and dedication of a beer tax to the payment of such bonuses and the retirement of such bonds. ACT 53 | OF 1948 A JOINT RESOLUTION Proposing an amendment to Section 94 of Article VII of the Constitution of the State of Louisiana so as to provide for the creation of the “Municipal Court of New Orleans.” Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, that an amendment to the Con- stitution of the State of Louisiana be submitted to the qualified electors of the State for their approval or rejection at the Congressional election to be held in this State on the first Tuesday after the first Monday in November, 1948, amending and reenacting Section 94 of Article VII of the Constitution so as to read as follows: “Article VII, Section 94. “(a) There shall be a “Municipal Court of New Orleans.’ “(b) Said Court shall consist of four (4) judges, all of whom must be attorneys-at-law; they shall be elected by the qualified electors of the Parish of Orleans and shall not be less than thirty years of age; each shall have practiced law in the State of Louisiana for at least five years preceding his election and shall be a duly qualified elector of the Parish of Orleans. “(c) The first Judges of said Court shall be elected at the election for Representatives in Congress of the United States to be held on the first Tuesday after the first Monday in November, 1948, at which said election one of the said judges shall be elected for a term expiring December 31st, 1952, one for a term expiring December 31st, 1954, one for a term expiring December 31st, 1956, and one for a term expiring December 31st, 1958, and thereafter each of them shall be elected for an eight (8) year term at the regular Congressional election held immediately preceding the expiration of such term. Every term shall expire on December 31st of the last year thereof. Any vacancy in said Court for any cause where the unexpired term is less than one year shall be filled temporarily by appointment by the Governor until the next succeeding congressional election, at which time such vacancy shall be filled for the remainder of the unexpired term by election. All judges so elected shall take their office on the first day of January following their election. “(d) Each of said judges shall receive a salary of Six Thousand Five Hundred Dollars ($6,500.00) per annum, payable monthly by the City of New Orleans on his own warrant. “(e) The jurisdiction of said Court shall extend to the trial of offenses against the Ordinances of the City of New Orleans; it shall have no other jurisdiction. “(f) Said Court shall have the power to adopt such rules and regula- tions governing the operation thereof as may be necessary for the proper functioning of the Court. “(g) There shall be one Clerk of the said Court who shall be appointed by the Judges thereof and shall be subject to removal by a majority of the Judges of said Court, at will. The salary of the said Clerk shall be Five Thousand Dollars per annum, payable monthly by the City of New Orleans on his own warrant; and the Court shall adopt such rules and regulations governing the functions, duties, operation and procedure of the Clerk's office as may be necessary. “(h) Each Judge shall appoint his own minute clerk and stenographer and the Clerk of the Municipal Court of New Orleans shall appoint such deputies, assistants and employees as the Legislature may provide. 806 Vol. IV Acts of the Legislature *::: “(i) There shall be a right to appeal in all cases from the Municipal Court of New Orleans to the Criminal District Court for the Parish of Orleans; said appeals shall be on the law and the facts and shall be tried by the Judge of the Criminal District Court to whom the appeal shall be allotted upon the records made and the evidence offered in the Municipal Court of New Orleans. The said Criminal District Court shall have general and supervisory jurisdiction over the Municipal Court of New Orleans, and shall have the right to issue such writs and orders as may be necessary in aid of its appellate and supervisory jurisdiction. “(j) The Recorders' Courts of the City of New Orleans, as now existing, are hereby abolished, effective when the judges herein provided for are elected and have been inducted into office and all orders and process issued from said Courts, which shall be pending, or in course of execution at the date when this provision goes into effect, together with all the records and archives of said Courts, shall at once, by virtue of this article, be transferred to and held to be cases pending in, and orders and process issued from, and in course of execution, under authority of, and records and archives of said Municipal Court of New Orleans. Section 2. Be it further resolved, etc., that this proposed amendment shall be submitted to the duly qualified electors of the State of Louisiana, in ac- cordance with law, to be voted on at the Congressional Election to be held on the Tuesday next following the first Monday in November, 1948, and there shall be printed upon the ballots: “FOR the proposed amendment to Section 94 of Article VII of the Constitution of the State of Louisiana providing for the creation of the “Municipal Court of New Orleans.” and also: “AGAINST the proposed amendment to Section 94 of Article VII of the Constitution of the State of Louisiana providing for the creation of the “Municipal Court of New Orleans.” ACT 538 OF 1948 A JOINT RESOLUTION Proposing an amendment to Section 5 of Article VI-A of the Constitution of Louisiana (Act No. 1 of the Extra Sesion of 1930) so as to provide that one-half (1/2) of the tax levied by said Article, now dedicated to the State Board of Education, shall be paid into the General Highway Fund. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring, that there shall be submitted to the electors of the State of Louisiana for their approval or rejection, in the manner provided for by law, a proposition to amend Section 5 of Article VI-A of the Constitution of Louisiana (Act No. 1 of the Extra Session of 1930), so as to provide that one-half (4%) of the tax levied by said Article, now dedicated to the State Board of Education, shall be paid into the General Highway Fund, so that Section 5 shall read as follows: Section 5. The Collector of Revenue shall, within the first five days of each calendar month after the receipt of such taxes, forward the full amount collected by him, less expenses withheld, during the preceding calendar month, to the Treasurer of the State of Louisiana to be placed to the credit of the following in the proportions as shown: the General Highway Fund, one-half; Board of Commissioners of the Port of New Orleans, nine-twentieths; Board of Commissioners Lake Charles Harbor and Terminal District, one-twentieth; and said Treasurer shall on the first day of each and every month notify in writing the Department of Highways, the Board of Commissioners of the Port of New Orleans and the Board of Commissioners Lake Charles Harbor and Terminal District, of the total amount received from the Collector of Revenue to be placed to the credit 807 Vol. IV ſ: Legal Materials of the General Highway Fund and said Boards from the source so specified, all such taxes when so placed to the credit of said Fund and said Boards to be used and disposed of by them as follows: The Department of High- ways shall expend the part of said tax credited to the General Highway Fund for the maintenance and construction of highways and bridges; the Board of Commissioners of the Port of New Orleans and the Board of Commissioners Lake Charles Harbor and Terminal District shall first use the amounts received hereunder to be applied to the payment of principal and/or interest of any bonds heretofore or hereafter issued by said boards which may be due and payable and any amount not needed for the aforesaid purpose shall go into the current revenues of said boards. All such taxes as are placed to the credit of said Board of Commissioners of the Port of New Orleans and said Board of Commissioners Lake Charles Harbor and Terminal District shall be deemed to be revenues of said Boards of Commissioners within the meaning of any statute or provision of this Constitution regulating the management, use and accounting for said revenues or the borrowing of money and the issuance of bonds or other obligations by said Boards of Commissioners to the same extent as if said revenues had been raised by tolls or charges for the use of port facilities under the jurisdiction of the Board of Commissioners of the Port of New Orleans or the Board of Commissioners Lake Charles Harbor and Terminal District. This section shall not be given a construction that will impair the right of any holder of any bonds heretofore issued by the Board of Commissioners of the Port of New Orleans or the Board of Commissioners Lake Charles Harbor and Terminal District, as restricting the existing rights of the Legislature of the State of Louisiana to provide such other or additional sources of revenues as may be necessary for the payment of the current expenses and debts of the Board of Commissioners of the Port of New Orleans or the Board of Commissioners Lake Charles Harbor and Terminal District contracted or to be contracted in the estab- lishment or management of port facilities. No additional bonds shall be issued by said port boards, except with the approval of the State Advisory Board of Louisiana, and no additional bonds shall be issued by said boards which shall pledge to their payment any part of the portion of the tax levied by this act and dedicated to them. Section 2. That said proposed amendment be so submitted to said electors at the next election for Representatives in Congress, to be held in Louisiana on the first Tuesday next following the first Monday in November, 1948. Section 3. That on the official ballot to be used at said election there shall be printed: FOR, the proposed amendment to Section 5 of Article VI-A of the Con- stitution of Louisiana, so as to provide that one-half of the tax levied by said Article, now dedicated to the State Board of Education, shall be paid into the General Highway Fund. and also: AGAINST the proposed amendment to Section 5 of Article VI-A of the Constitution of Louisiana, so as to provide that one-half of the tax levied by said Article, now dedicated to the State Board of Education, shall be paid into the General Highway Fund. ACT 55 | OF I.950 (See New Orleans Studies, Volume Four, p. 35.) ACT 7 OF 1952 AN ACT Providing for the incorporation of bridge and ferry authorities; prescribing the rights, powers and duties of such authorities; authorizing such authorities to acquire, construct, improve, maintain, and operate toll bridges and ferries and to borrow money and issue notes or bonds therefor; providing for the payment of such bonds, and prescribing the rights of the holders thereof; conferring the right of expropriation upon such authorities; author- 808 Vol. Iv Acts of the Legislature º: izing such authorities to enter into contracts with and accept grants from the Federal government, from the State of Louisiana or from any Agency of said government, and prescribing a period of limitation upon the in- stitution of suits, actions or proceedings contesting the validity of bond issues of such authorities. Be it enacted by the Legislature of Louisiana: Section 1. This Act shall be known and may be cited as the “Bridge and Ferries Authorities Act of 1952.” Section 2. Definitions. The following terms whenever used or referred to in this Act shall have the following meanings, except in those instances where the context clearly indicates otherwise:- (a) The term “Authority” shall mean a body politic and corporate of the State of Louisiana created pursuant to this Act. (b) The term “Board” shall mean the governing body of the authority. (c) The term “Bonds” shall mean and include the notes, bonds and other evidences of indebtedness or obligations which each Authority is authorized to issue pursuant to Section 5 of this Act. (d) The term “Governing Body of a Parish” means the police jury of the parish, except in the case of the Orleans Parish, which has no police jury, for the purposes of this Act it shall mean the Commission Council of the City of New Orleans, and except in the case of East Baton Rouge Parish, it shall mean the Parish Council of East Baton Rouge Parish. (e) “Presiding Officer” means the President of the Police jury, except in the case of Orleans Parish, where it shall mean the Mayor of the City of New Orleans, and except in the case of East Baton Rouge Parish, where it shall mean the Mayor-President. (f) The term “Construction” shall mean and include both acquisition and construction, and the term “to construct” shall mean and include “to acquire” and “to construct.” (g) The term “Federal Agency” shall mean and include the United States of America, the President of the United States of America, and any department of or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America. (h) “State Agency” shall mean the State of Louisiana and any depart- ment of or corporation, agency, political subdivision or instrumentality heretofore or hereafter created, designated or established by the State of Louisiana. (i) The term “Improvement” shall mean and include extension, en- largement and improvement, and the term “to improve” shall mean and include “to extend, enlarge and to improve,” all in such manner as may be deemed desirable. Section 3. Method of Incorporation. Whenever the governing bodies of two or more parishes shall desire to organize an Authority under this Act, they shall each adopt a resolution signifying their intention to do so, setting forth the proposed articles of incorporation of the Authority in full. Thereafter the governing body of each such parish shall cause a notice of the adoption of such resolution to be published at least once in a newspaper of general cir- culation published in the parish, or if there be no such newspaper, in a news- paper of general circulation published in an adjoining parish. Said notice shall contain a brief statement of the substance of said resolution, including the sub- stance of the Articles of incorporation, making reference to this Act, and shall state that on a day certain not less than ten (10) days after the pub- lication of said notice, articles of incorporation of the proposed Authority will be filed with the Secretary of State of the State of Louisiana. On or before the day specified in said notice said governing bodies shall file with the Secretary of State the articles of incorporation of the Authority, together with proof of publication of the notice as aforesaid. Said articles of incorporation shall set forth: 809 Vol. IV #: Legal Materials (a) the name of the Authority; (b) a statement that such Authority is formed under this Act; (c) the names of the incorporating parishes, together with the name and address of the presiding officer of the governing body of each such parish; (d) the place where the principal office of the Authority is to be located. Said articles of incorporation shall be executed by the presiding officer of the governing body of each such parish or by such other officer or officers as the governing body of the parish shall designate for the purpose. If the Secretary of State finds that the articles of incorporation con- form to law he shall forthwith, but not prior to the day specified in the aforesaid notice, endorse his approval thereon and, when all proper fees and charges have been paid, shall file the articles of incorporation and issue a certificate of incorporation, to which shall be attached a copy of the approved articles. Upon the issuance of such certificate of incorporation by the Secretary of State, the corporate existence of said Authority shall begin when such certificate has been recorded in the office for the recording of mortgages in the parish where the principal office of the Authority is to be located. Said certificate of incorporation shall be conclusive evidence of the fact that such Authority has been incorporated. Thereupon the presiding officer of the governing body of each such parish by and with the advice and consent of such governing bodies shall appoint two members to the board of the Authority, one of whom may be such presiding officer, and the Governor of Louisiana shall appoint three members to said board, provided that two of said gubernatorial appointees shall be members of the State Board of Highways at the time of their appointment to the board of the authority. The members of said board shall serve without compensation. They shall serve for a period of five (5) years from the date of their ap- pointment, or until their successors shall have been appointed and have quali- fied for office, except that the officers first appointed by the presiding officers may be appointed for shorter terms in the manner set forth in the articles of incorporation. If for any reason a member of the board shall cease to be a member thereof before the expiration of his term of office, the officer who appointed such member to the board shall appoint a member to fill the vacancy for the unexpired term of office. Each member of the board before taking office shall take an oath of office which shall be filed with the Secre- tary of the board. The members of the board shall meet as soon as practicable after their appointment at the principal office of the Authority, and shall elect a chairman, who shall serve as chairman of the board for such period as may be determined by the board. The board shall appoint a secretary and a treasurer of the Authority who need not be members of the Authority, and such other officers of the Authority as the board may deem desirable. Im- mediately upon the organization of the board and the election of such officers, the secretary of the Authority shall certify to the Secretary of State of Louisiana the names and addresses of the officers of the Authority. Any change in the location of the principal office of the Authority shall likewise be certified to the Secretary of State within ten (10) days after such change. The Authority so created is hereby declared to be a body corporate and politic, constituting an instrumentality of the State of Louisiana exercising public and essential governmental functions, and the exercise by the Authority of the powers conferred by this Act in the acquisition, construction, operation and maintenance of bridges and ferries shall de deemed and held to be an essential governmental function of the State of Louisiana. The Authority shall not be deemed to be a public utility and shall not be subject in any respect whatever to the authority, control or supervision of the Louisiana Public º: Commission. The Authority shall possess all the powers provided in this Act. Section 4. General Purposes and Powers: Every Authority incorporated under this Act shall be for the purpose of constructing or acquiring toll bridges and ferries to improve and extend the highway system of the State of Louisiana, and every such Authority is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of said purposes, in- 810 Vol. IV Acts of the Legislature º: cluding, but without limiting the generality of the foregoing, the following rights and powers: (a) to sue and be sued; (b) to adopt, use and alter at will a corporate seal; (c) to acquire, purchase, lease as lessee and hold and use any fran- chise, property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time acquired by it; provided, how- ever, that title to all such property shall be taken in the name of the State of Louisiana; (d) to acquire by purchase, lease or otherwise and to construct, im- prove, maintain, repair and operate toll bridges and ferries; (e) to make by-laws for the management and regulations of its affairs; (f) to appoint officers, agents, employees and servants; to prescribe their duties and to fix their compensation; (g) to fix, alter, charge and collect fares and tolls, at reasonable rates to be determined exclusively by it, for the purpose of providing for the payment of the expenses of the Authority, the construction, improve- ment, repair, maintenance and operation of its facilities and properties, the payment of the principal of and the interest upon its obligations, and to fulfill the terms and provisions of any agreements made with the pur- chasers or holders of any such obligations; (h) to borrow money, make and issue negotiable notes, bonds, refund- ing bonds, and other evidences of indebtedness or obligations (herein called “bonds”) of the Authority, said bonds to have a maturity date not longer than fifty (50) years from date of issue, and to secure the payment of such bonds or any part thereof by pledge or deed of trust of all or any of its revenues and receipts, and including any funds that may be dedicated thereto by any State agency or Federal agency, and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the Authority shall deem advisable, and in general, to provide for the security of said bonds and the rights of the holders thereof; (i) to make contracts of every nature and to execute all instruments necessary or convenient for the carrying on of its business; (j) without limitation of the foregoing, to borrow money and accept grants from and to enter into contracts, leases or other transactions with any Federal agency or State agency and to pledge and assign to secure its bonds any such grants, contracts, leases or other transactions. (k) to acquire in the name of the State of Louisiana by purchase or otherwise on such terms and conditions and in such manner, with or without competitive bidding, as it may deem proper, or by expropriation, under the general expropriation laws of the State and under the provisions of Sections 51 through 66 of Title 19 of the Louisiana Revised Statutes of 1950, any existing privately owned bridges or ferry franchises and systems and land or other property, servitude, and improvement on land, which it may determine is reasonably necessary for any for any” bridge or ferry or for the relocation or reconstruction of any bridge or ferry by the Authority under the provisions of this Act or for the construction of any approaches thereto, and any and all lands, title and interest in such lands, other property, servitudes and improvement on land; provided, however, that no property owned by or in which any parish, city, town, village or other political subdivision of the State of Louisiana has any right, title or interest, or parts thereof or rights therein, may be ex- propriated except with the consent of such parish, municipal corporation or political subdivision. After the Authority has commenced operations on a tract of land without objection on the part of the landowner, the land- owner may not prevent or retard the operations by any legal process, but shall be limited to an action for damages. (1) to pledge, hypothecate or otherwise enucmber all or any of the receipts of the Authority as security for all or any of the obligations of the Authority; 811 Vol. IV t - {º ſ: Legal Materials (m) to do all acts and things necessary or convenient for the promotion of its business and the general welfare of the Authority, or to carry out the powers granted to it by this Act or any other acts; (n) to contract with any adjoining State or with any public agency or agencies of an adjoining State upon such terms as the Authority shall deem proper for the acquisition, construction, and operation of any bridge or ferry which is partly in this State and partly in such adjoining State; (o) to enter into contracts of group insurance for the benefit of its employees and to set up a retirement or pension fund for such employees. Section 5. Bonds: The bonds of any Authority shall be authorized by a resolution of the board thereof and shall be of such series, bear such date or dates, mature at such time or times not exceeding fifty (50) years from their respective dates, bear interest at such rate or rates not exceeding six (6) per centum per annum, payable semi-annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five (105) per cent of the principal amount thereof, and be entitled to such priorities in the revenues or receipts of the Authority as such resolution or resolutions may provide. The bonds shall be signed by such officers as the board shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signatures of such officer or officers of the Authority as the board shall designate. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds or the officer or officers whose facsimile signature or signatures may be upon the coupons shall have ceased to be such officer or officers at the time such bonds shall actually have been delivered. No such bonds shall be sold at a price creating an interest cost of the money received for any such bonds, figured to the maturity of such bonds, exceeding six (6) per cent per annum. Said bonds shall be sold to the highest bidder, at a public sale, for not less than par and interest, after advertisement at least once a week, for not less than 30 days by said Authority in New Orleans, Chicago, New York and such other places as said Authority may determine, reserving to said Authority the right to reject any and all bids, “In” the event the Authority rejects all bids, it shall have the right to readvertise for new bids or to negotiate publicly with the bidding groups, and to sell the bonds on terms more advantageous than the best bid submitted. “In the event that no bids are submitted, the Authority shall have the right to sell the bonds on the best terms it can publicly negotiate, or to re- advertise for new bids as provided herein.” Pending the preparation of defin- itive bonds temporary bonds may be issued to the purchaser or purchasers thereof, which may contain such terms and conditions as the Authority may determine. Any resolution authorizing bonds may contain provisions which shall be part of the contract with the holders thereof, as to (a) pledging the full faith and credit of the Authority (but not of the State of Louisiana or of any political subdivision thereof) for the payment of such obligations or restricting the same to all or any of the revenues of the Authority from all or any of its properties (b) the construction, improvement, operation, extension, enlarge- ment, repair and maintenance of its properties and the duties of the Authority with reference thereto (c) the terms and provisions of the bonds (d) limita- tions upon the purposes to which the proceeds of the bonds then or thereafter to be issued shall be devoted (e) the rate of tolls, fares and other charges for use of the facilities of or for the services rendered by the Authority (f) the setting aside of reserves or sinking funds and the regulation and disposition thereof (g) limitations on the issuance of additional bonds (h) the terms and provisions of any deed of trust or indenture securing the bonds, or under which the same may be issued, and (i) any other or additional agreements with the holders of the bonds. The Authority may enter into any deeds of trusts, indentures or other agreements with any bank or trust company or other person or persons” in the United States having power to enter into the same, including any State of” Federal agency, as security for such bonds, and may assign and pledge all or 812 Vol. IV ºr e - Act Acts of the Legislature §: any of the revenues or receipts of the Authority thereunder; provided, however, that the Authority shall have no power to mortgage or to create any lien upon the properties operated or controlled by it. Such deed of trust, indenture or other agreement, may contain such provisions as may be customary in such instruments, or as the Authority may authorize, including (but without limita- tion) provisions as to (1) the construction, improvement, operation, main- tenance and repair of any bridge or ferry and the duties of the Authority with reference thereto (2) the application of funds and the safeguarding of funds on hand or on deposit (3) the rights and remedies of said trustee and of the holders of the bonds (which may include restrictions upon the individual right of action of such bondholders) and (4) the terms and provisions of the bonds or the resolution authorizing the issuance thereof. No such deed of trust, in- denture or other agreement need be filed or recorded except in the records of the Authority. The Authority may provide by resoltuion” for the issuance of refunding bonds of the Authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this Act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds and, in its discretion, for the additional purpose of constructing improvements, extensions or enlargements to any facility then operated by the Authority or for the payment of all or any part of the cost of any new ferry. The issuance of such bonds for any one or more of such purposes, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the Authority in respect thereof shall be governed by the provisions of this Act so far as the same may be applicable. Section 6. For a period of sixty (60) days from the date of the adoption by the Authority of a resolution authorizing the issuance of bonds hereunder, any persons in interest shall have the right to contest the legality of the resolu- tion and the legality of the bond issue or the indenture authorized by any such resolution for any cause; after which time no one shall have any cause or right of action to contest the legality of said resolution or indenture or of the bonds authorized thereby for any cause whatsoever. If no suit, action or pro- ceeding is begun contesting the validity of the bond issue within the sixty (60) days herein prescribed, the authority to issue the bonds, the legality thereof and of all of the provisions of the resolution authorizing the issuance of the bonds and of any indenture executed to secure the payment thereof, shall be conclusively presumed, and no court shall have authority to inquire into such matters. Such bonds shall have all the qualities of negotiable instruments under the law merchant and the negotiable instruments law of the State of Louisiana. Section 7. Remedies of Bondholders: The rights and remedies herein con- ferred upon or granted to the bondholders, shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing for the issuance of bonds, or by any deed or trust, indenture or other agreement under which the same may be issued. In the event that the Authority shall default in the payment of principal or interest on any of the bonds after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event the Authority shall fail or refuse to comply with the provisions of this Act or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by in- strument or instruments filed in the office of the Secretary of State and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders for the purpose herein provided. Such trustee and any trustee under any deed of trust, indenture or other agreement, may, and upon written request of the holders of twenty-five per centum (or such other percentage or percentages as may be specified in any deed or trust, indenture or other agreemnt aforesaid) in principal amount of the bonds then outstanding, shall in his or its or its” own name. (a) by mandamus or other civil action or proceeding enforce all rights of the bondholders, including the right to require the Authority to collect 813 Vol. IV ſ: Legal Materials rates, rentals and other charges adequate to carry out any agreements as to" or pledge of the revenues or receipts of the Authority, and to require the Authority to carry out any other agreements with or for the benefit of the bondholders, and to perform its duties under this Act. (b) bring suit upon the bonds, (c) require the Authority to account as if it were the trustee of any express trust for the bondholders, (d) enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders. Any trustee when appointed as aforesaid, or acting under a deed of trust, indenture or other agreement, shall be entitled as of right to the appointment of a receiver, who may enter and take possession of the facilities of the Au- thority or any part or parts thereof, the revenues or receipts from which are or may be applicable to the payment of the bonds, and operate and maintain the same, and collect and receive all tolls, fares or other revenues thereafter arising therefrom in the same manner as the Authority or the board might do, and shall deposit all such moneys in a separate account and apply the same as the court shall direct. In any civil action or proceeding by the trustee, the fees, counsel fees, expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any revenues and receipts derived from the facilities of the Authority, the revenues or receipts from which are or may be applicable to the payment of the bonds. The trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights. Nothing in this section or any other section of this Act shall authorize any receiver appointed pursuant to this Act for the purpose of operating and maintaining any facilities of the Authority, to sell, assign, mortgage or other- wise dispose of any of the assets of whatever kind and character of the Au- thority. It is the intention of this Act to limit the powers of such receiver to the operation and maintenance of the facilities of the Authority as the court shall direct, and no holder of bonds of the Authority or any trustee shall ever have the right in any civil action or proceedings to compel a receiver, nor shall any receiver ever be authorized or any court be empowered to direct the re- ceiver to sell, assign, mortgage or otherwise dispose of any assets of the Authority of whatever kind or character. Section 8. The Authority shall have power to construct roads, grade separations at intersections of any bridge or ferry with public highways and so to change and adjust the lines and grades of the public highways so as to accomodate the same to the design of such grade separation. The cost of such grade separation and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the Authority as a part of the cost of such bridge or ferry. If the Authority shall find it necessary to change the location or” any portion of any public highway, it shall cause the same to be reconstructed at such location as the Authority shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any highway shall be ascertained and paid by the Authority as part of the cost of such bridge or ferry. Any public highway affected by the construction of any bridge or ferry may be vacated or relocated by the Authority in the manner now provided by law for the location or relocation of public roads, and any damages awarded on account thereof shall be paid by the Authority as a part of the cost of such bridge or ferry. In addition to the foregoing powers the Authority and its authorized agents and employees may enter into any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may then be pending. 814 Vol. IV Acts of the Legislature º: The Authority may make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities. The Authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and re- moval of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called “public utility facilities”) of any public utility in, on, along, over or under any bridge. Whenever the Authority shall determine that it is necessary that any such public utility facilities which now are or hereafter may be, located in, on, along, over or under any bridge shall be relocated in connection with such bridge, or should be removed from the site of such bridge, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Author- ity; provided, however, that the cost and expense of such relocation or removal, including the cost of installing such facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired” to accomplish such relocation or removal, shall be ascertained and paid by the Authority as a part of the cost of such bridge. In case of any such relocation or removal of facilities, as aforesaid, the public utility owning or operating the same, or its successors or assigns, may maitain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations. Section 9. Whenever the Authority shall let any work by contract the price of which will exceed Five Thousand Dollars ($5,000), the Authority shall provide proper plans and specifications for such work and thereafter shall adver- tise for bids for the performance of such work according to the plans and specifications so provided. Such advertisement shall appear once a week for two successive weeks in a newspaper of general circulation published in one of the parishes which organized the Authority, or if there be no such newspaper, in a newspaper of general circulation published in an adjoining parish, the first publication to be not less than fourteen (14) days prior to the date upon which the contract will be awarded. The advertisement shall specify the con- ditions which will govern the submission of bids and shall state the place where plans and specifications may be inspected, the place where bids will be received, and the time when the bids will be opened and read. All bids shall be sealed, publicly presented, publicly opened and publicly read at the time and place specified in the advertisement. No contract shall be entered into for the con- struction, improvement, or repair of any bridge or ferry or portion thereof unless the contractor shall give undertakings with sufficient surety or sureties approved by the Authority, and in an amount determined by the Authority for faithful performance of the contract. No member of the Authority or officer or employee thereof shall, either directly or indirectly, be a party to or in any manner interested in any con- tract or agreement with the Authority for any matter, cause or thing what- soever by reason whereof any liability or indebtedness shall in any way be created against the Authority. If any contract or agreement shall be made in violation of the provisions of this section, the same shall be null and void, and no action shall be maintained thereon against such Authority. Nothing in this section shall be construed to limit the power of the Au- thority to construct, repair or improve any bridge or ferry or portion thereof, or any addition, betterment or extension thereto, directly” by the officers, agents and employees of the Authority, now” otherwise than by contract, nor shall this section apply to contracts for legal, engineering, auditing, accounting or other professional services. Section 10. The exercise of the power granted by this Act will be in all respects for the benefit of the people of the State, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of bridges and ferries by the Authority will constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any bridge or ferry or any property acquired or used by the Authority under the provisions of this act, or upon the income therefrom, and any bridge or ferry 815 Vol. IV #: Legal Materials or other property acquired or used by the Authority under the provisions of this Act and the income therefrom, and the bonds issued under the provisions of this Act and the income therefrom shall be exempt from taxation by the State of Louisiana and by any parish, municipality or political subdivision of the State. Section 11. Savings banks, insurance companies, homestead associations, tutors, curators, trustees and other fiduciaries may invest the funds in their hands in the bonds issued by the Authority, and the bonds shall constitute legal investment for such funds. The Authority shall not be liable to benefici- aries, minors, wards or interdicted persons for moneys paid to their trustees, tutors or curators on account of such bonds. Said bonds may be used for deposit with any officer, board, municipality or other political subdivision of the State in any case where, by present or future laws, deposit or security is required. Section 12. Each bridge and ferry, when acquired or constructed by the Authority and opened to traffic shall be maintained and kept in good condition and repair by the Authority, and shall be policed and operated by such force of police, toll-takers and other operating employees which the Authority may in its discretion employ. The Authority may, however, contract with any state agency authorized by law to enter into such a contract for the operation and maintenance of such bridge or ferry upon such terms and conditions as may be stipulated in such contract not inconsistent with the covenants made by the Authority with the holders of its bonds. Section 13. All parishes, cities, towns, villages and other political sub- divisions and all public departments, agencies and commissions of the State of Louisiana, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, rent, grant or convey to the Authority at its request upon such terms and conditions as the proper authorities of such parishes, cities, towns, villages and political subdivisions and departments, agencies or commissions of the State may deem reasonable and fair and without the neces- sity of any advertisement, order of court or other action or formality other than the regular and formal action of the authorities concerned, any real or personal property which may be necessary or convenient to the effectuation of the authorized purposes of the Authority, including public roads and other real property already devoted to public use. Section 14. On or before the ninetieth day succeeding the end of each fiscal year of the Authority it shall make an annual report of its activities for the preceding fiscal year to the Governor of Louisiana. Each such report shall set forth a complete operating and financial statement covering its operations during the year. Copies of such report shall likewise be furnished to such other persons as may be named in the resolution or indenture under or pursuant to which any outstanding bonds of the Authority may have been issued. The Authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants at the time and in the manner prescribed in any resolution or indenture under or pursuant to which any outstanding bonds of the Authority may have been issued, and, otherwise, as the Authority may by resolution prescribe and the cost thereof shall be deemed part of the cost of the operation of its facilities; provided, however, that during the period of construction of any bridge or ferry the cost of such audit and of the preparation of the annual report herein provided for, may be deemed a part of the construction cost. Section 15. When all bonds issued under the provisions of this Act to finance any bridge or ferry and the interest thereon shall have been paid, or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, tolls or fares may be charged by the Authority for the use of such bridge or ferry only to the extent necessary to provide for the annual expense of the maintenance and operation thereof; provided, how- ever, that if the Department of Highways shall have theretofore or shall there- after accept such bridge or ferry as part of the State Highway System, after the satisfaction of claims of the bondholders as aforesaid, such bridge or ferry shall be maintained by the Department of Highways free of tolls. 816 Vol. IV Acts of the Legislature º: Section 16. The State of Louisiana hereby pledges to and agrees with the holders of bonds issued by the Authority under the provisions of this Act, that it will not limit or alter the rights hereby vested in the Authority until all bonds of the Authority at any time issued, together with the interest thereon, are fully met and discharged. Section 17. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now ex- isting except as otherwise provided herein; provided, however, that the is- suance of bridge revenue bonds or refunding bonds under the provisions of this Act need not comply with the requirements of any other law applicable to the issuance of bonds. Section 18. This Act, being necessary for the welfare of the State and its inhabitants, shall be construed liberally to effect the purposes thereof. Section 19. If any provisions of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Section 20. All other general or special laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the provisions of this Act, and are repealed to the extent of such inconsistency. Section 21. The Governor, having certified to the Legislature during the Session of the Legislature the necessity for the immediate passage of this Act, this Act shall become effective upon the approval thereof by the Governor. 817 REVISED STATUTES OF 1950 REVISED STATUTES OF 1950 30:127. Opening bids; minimum royalties; terms of lease Bids may be for the whole or any particularly described portion of the land advertised. At the time mentioned in the advertisement for the consideration of bids, they shall be publicly opened. Bids received by the mineral board shall be opened at the state capitol. The mineral board has authority to accept the bid most advantageous to the state, and may lease upon whatever terms it con- siders proper. However, the minimum royalties to be stipulated in any lease shall be: (1) One eighth of all oil and gas produced and saved. (2) Seventy five cents per long ton of sulphur produced and saved. (3) Ten cents per ton of potash produced and saved. (4) One eighth of all other minerals produced and saved. The board may reject any and all bids, or may lease a lesser quantity of property than advertised and withdraw the rest. However, no lease of a lesser quantity than advertised shall be granted for any less proportionate bonus and delay rental than the lesser quantity bears to the total area advertised or embraced in the most favorable bid submitted. If all written bids are rejected, the board may immediately offer for com- petitive bidding a lease upon all or any designated part of the land advertised, upon terms appearing most advantageous to the state. This offering shall be subject to the board's right to reject any and all bids. No lease shall be for more than five thousand acres and none shall be for less bonus or delay rental than was offered in the most favorable written bid for the same property. Where a lease provides for delay rental, the annual rental shall not be for less than one half the cash bonus. All lands shall be accurately described in a lease. (Source: Acts 1936, No. 93, § 7; Acts 1938, No. 80, § 4; Acts 1940, No. 92, § 2; Acts 1946, No. 370, § 1 ; Acts 1948, No. 244, § 1.) - º * {} * 33:2471. Applicability This Part applies to any municipality which operates a regularly paid fire and police department and which has a population of not less than thirteen thousand nor more than two hundred fifty thousand according to the latest regular federal census for which the official figures have been made public. (sº: * 1944, No. 102, § 4; Acts 1946, No. 30, § 2; Acts 1948, No. 197, 2. 33:2472. Short title This Part shall be known and may be cited as “the Municipal Fire and Police Civil Service Law.” (Source: Acts 1944, No. 102, § 2.) 33:2473. Definitions The following words and phrases when used in this Part shall have the following meaning, unless the context clearly requires otherwise: ... 1. “Allocation” means the official determination of the class to which a position in the classified service belongs. - 2. “Appointing authority” means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. 3. “Appointment” means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. 4. “Board” means the municipal fire and police civil service board. 5. “Class” or “class of position” means a definitely recognized kind of employment in the classified service, designated to embrace positions that are 821 Vol. IV #sº& Legal Materials so nearly alike in the essential character of their duties, responsibilities, and consequent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. 6. “Classification plan” means all the classes of positions established for the classified service. 7. “Classified service” means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. 8. “Demotion” means a change of an employee in the classified service from a position of one class to a position of a lower class which generally affords less responsibility and pay. 9. “Departmental service” means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. 10. “Eligible” means a person whose name is on a list. 11. “Employee” means a person legally occupying a position. 12. “Employment list” or “list” means a reinstatement employment list, 2. pºſional employment list, a competitive employment list, and a reemploy- ment wº 13. “Position” means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. 14. “Promotion” means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. 15. “Promotion employment list” or “promotion list” means an employ- ment list containing the names of eligible persons established from the results of promotion tests given for a particular class of positions which is not specifi- cally required by this Part to be established from the results of a competitive test. 16. “Promotion test” means a test for positions in a particular class which is not specifically required by this Part to be filled by competitive tests, admis- sion to which is limited to regular employees of the next lower class, or the next lower classes when authorized by the rules, in the classified service. 17. “Reemployment list” means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular em- ployees who have been laid off under the “lay off” provisions of this Part. This list shall not be applicable to persons who have resigned or have been dis- charged. 18. “Regular employee” or “permanent employee” means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. 19. “Reinstatement employment list” or “reinstatement list” means an employment list containing names of persons eligible for reinstatement in posi- tions of a class from which they have been demoted for reasons other than disciplinary action. 20. “Seniority” means the total employment computed for an employee beginning with the last date on which he was regularly and permanently ap- pointed and has worked continuously to and including the date of computation. Time during which an employee has served in the armed forces of the United States subsequent to May 1, 1940, shall be construed to mean continuous service and shall be included in the computation of his seniority. Total seniority in the departmental service, including positions of any and all classes, or seniority in any one or more given classes, may be computed for an employee; but in either case employment shall be continuous and unbroken by a resignation or discharge of the respective employee. An employee who is finally discharged or resigns from his position shall forfeit all accumulated seniority. An employee 822 vol. iv Acts of the Legislature *: who is suspended and returns to his position immediately following the expira- tion of his suspension shall not forfeit his seniority accumulated to the date of his suspension, but he shall not be given credit for the lost time at any future computation. 21. “Temporary appointment” means the appointment of an employee for a limited period of service without acquisition by the appointee of any continuing right to be retained beyond the period. (Source: Acts 1944, No. 102, § 3.) 33:2474. Effective date of provisions Any system of municipal fire and police civil service under Act 102 of 1944, as amended, which is in force on the effective date of the Revised Statutes, is continued in effect under the provisions of this Part. The rights of any person under Act 102 of 1944, as amended, which exist on the effective date of the Revised Statutes are continued in effect. Every rule, classification plan, or allocation established under Act 102 of 1944, as amended, which is in force on the effective date of the Revised Statutes is con- tinued in effect until it is amended or repealed by the proper authority under this Part. 33:2475. System of classified civil service There is created in the municipal government a classified civil service em- bracing the positions of employment, the officers, and employees of the munic- ipal fire and police services. The classified civil service shall be known as “the municipal fire and police civil service.” (sº: Aft 1944, No. 102, § 4 ; Acts 1946, No. 30, § 2; Acts 1948, No. 197, 2. 33:2476. Municipal fire and police civil service boards A. A municipal fire and police civil service board is created in the municipal government. The board shall be composed of five members who shall serve without compensation. The board shall have a chairman, vice-chairman, and a secretary. The domicile of the board shall be in the municipality it serves. B. To be eligible for appointment or to serve as a member of a board, a person shall be a citizen of the United States of America, a resident of the municipality in which he is to serve for at least five years next preceding his appointment, and shall, at the time of his appointment, be a qualified voter of the municipality. Any employee while serving as a member of a board shall occupy as a regular employee a position or office lower than that of chief, as- sistant chief, district chief, or battalion chief of his department. No member of a board shall have been, during a period of six months immediately preceding his appointment, a member of any local, state, or national committee of a polit- ical party, or an officer or member of a committee in any factional political club or organization. No member of a board shall be a candidate for nomination or election to any public office or hold any other public office or position of public employment, except that of notary public, a military or naval official office, or that of a municipal fire or police department which is expressly re- quired by the provisions of this Part. C. The first five members of a board shall be appointed by the governing body of the municipality during the ninety day period immediately following the date that this Part takes effect in a municipalty under R.S. 33:2471. The members of the Board shall be appointed by the governing body as follows: (1) One shall be appointed by the governing body upon its own nomi- nation. (2) Two members shall be appointed from a list of four nominees, which shall be furnished within thirty days after receiving such request by the execu- tive head of a legally chartered and established institution of higher education located within the municipality; or, if there is no such institution in the mu- nicipality, by the executive head of any such institution of the governing body's choice within the state. 823 Vol. IV ſº tº Legal Materials (3) Two members shall be appointed who shall be first nominated and . by and from the regular employees of the fire and police departments 3S IOLIOWS : One member shall be elected and appointed from the fire department, and one member shall be elected and appointed from the police department. The employee-nominee from each department shall be elected by secret ballot of the regular employees of his respective department at an election to be called and held for that purpose by the chief of the department. The chief of each depart- ment shall call such an election within forty-five days after this Part takes effect in the municipality by posting, for a fifteen day continuous period immediately preceding the election, a notice thereof on the bulletin board of each station house of his department; and, shall officially notify the governing body of the mu- nicipality within the ten day period immediately following the election, the name of the employee-nominee so elected by the regular employees of his de- partment. The chief of the department shall vote in the election only in the case of a tied vote. D. The term of office for all members of the board shall be for a period of three years, except that the first member appointed by the governing body of a municipality upon its own nomination shall serve for a period of two years; the first employee members nominated and appointed as provided above shall serve a term of one year. Each member shall serve until his successor has been appointed and qualified. E. Upon the term of office expiring for a member of a board, or because of a vacancy in the office of any member thereof, the governing body of the municipality shall appoint a successor in the same manner as the outgoing member was appointed; and such successive appointment shall be made within ninety days immediately following the expiration or vacancy. F. Each member shall take the oath of office before entering upon the duties of his office. His oath shall include a statement to uphold the constitution and laws of Louisiana and of the United States; to administer faithfully and impartially the provisions of this Part and the rules adopted under the authority of this Part. G. Members of such a board serving under Act 102 of 1944, as amended at the time the Revised Statutes take effect shall continue in office until the expiration of the term for which they were appointed. H. Any member of a board shall be liable to removal from office by judg- ment of the district court of his domicile for high crimes and misdemeanors in office, incompetency, corruption, favoritism, extortion, oppression in office, gross misconduct, or habitual drunkenness. The district attorney of the district wherein the board member resides may institute such suit, and shall do so upon the written request, specifying the charges, of twenty-five citizens and tax- payers of the municipality of which the board member is a resident. The district attorney shall associate in the diligent prosecution of such suit any attorney selected and employed by the citizens and taxpayers. I. The governing body of the municipality shall advise, within and not later than the expiration of the ninety day period provided for the appointment of the board members, each appointee of his appointment and term of office as a member of the municipal fire and police civil service board; and, an official record thereof shall be placed in the official minutes of the governing body. J. The original members of the board shall meet within thirty days after their appointment in their first official meeting; take the oath of office; elect a chairman and vice-chairman; and transact any other business pertinent at that time. The oath of office shall be administered by the city clerk or by any other person having the legal authority to administer it. K. A chairman and a vice-chairman shall be elected by the members of the board. The term for which either the chairman or vice-chairman shall serve as such, shall run concurrently with that for which he was appointed a member of the board; except the term of either office shall terminate upon death of the incumbent, or his resignation from the office or from the board or his removal from the board. L. At the discretion of the board, the office of secretary shall be filled: 824 Vol. IV Acts of the Legislature º (1) By electing one of its members thereto; (2) By appointing the city clerk or secretary-treasurer of the municipality to fill such office ex-officio; (3) By employing and paying on a part-time basis any other person a salary not to exceed twenty dollars per month; or (4) By requiring the state examiner to act in such capacity. The board may terminate the term of office of any person serving as its secretary at any time. No person serving as secretary of a board, except a member thereof, shall have the right to vote in its proceedings. The secretary shall attend the meetings of the board; keep a record of its proceedings; attend to correspondence directed to him, and other correspondence ordered by the chairman; perform other functions assigned to him by the board; and cooperate with the state examiner in a manner that will assist the examiner to carry out effectively the duties imposed upon him by this Part or those functions which may be requested of him by the board . M. The board shall meet at any time after its original meeting upon the call of the chairman, who shall give all members of the board due notice thereof. The chairman of the board shall call, and the members of the board shall attend, one regular meeting of the board within each quarterly period of each calendar year. If a chairman fails or refuses to call such quarterly meeting of his board, the members of the board shall meet upon the written call of any two members mailed ten days in advance of the meeting. Four members of the board shall constitute a quorum, and the concurring votes of any three members comprising the quorum of the board shall be sufficient for the decision of all matters to be decided or transacted by it. Meetings of the boards shall be open to the public. (Source: Acts 1944, No. 102, §§ 4, 5; Acts 1946, No. 30, § 2; Acts 1948, No. 197, § 2.) 33:2477. Duties of the board The Board shall: (1) Represent the public interest in matters of personnel administration in the fire and police services of the said municipal government. (2) Advise and assist the governing body, mayor, commissioner of public safety, and the chiefs of the fire and police departments of the municipality, with reference to the maintenance and improvnent of personnel standards and administration in the fire and police services, and the classified system. (3) Advise and assist the employees in the classified service with reference to the maintenance, improvement, and administration of personnel matters re- lated to any individual or group of employees. (4) Make, at the direction of the mayor, commissioner of public safety, chief of either the fire or police department, or upon the written petition of any citizen for just cause, or upon its own motion, any investigation concern- ing the administration of personnel or the compliance with the provisions of this Part in the said municipal fire and police services; review, and modify or set aside upon its own motion, any of its actions; take any other action which it determines to be desirable or necessary in the public interest, or to carry out effectively the provisions and purposes of this Part. (5) Conduct investigations and pass upon complaints by or against any officer or employee in the classified service for the purpose of demotion, reduc- tion in position or abolition thereof, suspension or dismissal of the officer or employee, in accordance with the provisions of this Part. (6) Hear and pass upon matters which the mayor, commissioner of public safety, the chiefs of the departments affected by this Part, and the state ex- aminer of municipal fire and police civil service bring before it. (7) Make, alter, amend, and promulgate rules necessary to carry out effectively the provisions of this Part. (8) Adopt and maintain a classification plan. The classification plan shall be adopted and maintained by rules of the board. (9) Make reports to the governing body, either upon its own motion or upon the official request of the governing body, regarding general or special 825 Vol. IV ſº i Legal Materials matters of personnel administration in and for the municipal fire and police services of the municipality, or with reference to any appropriation made by the governing body for the expenses incidental to the operation of the board. (Source: Acts, 1944, No. 102, § 6.) 33:2478. Rules Each board may adopt and execute rules, regulations, and orders necessary or desirable effectively to carry out the provisions of this Part, and shall do so when expressly required by this Part. No rule, regulation, or order shall be contrary to, or in violation of, any provision, purpose, or intent of this Part or contrary to any other provision of law. The board may amend or repeal any rule or part thereof in the same manner provided herein for the adoption of the rule. All rules shall be applicable to both the fire and police classified services, unless by express provisions therein, it is made applicable to only one of the services. A board may adopt any rule, either in its proposed or revised form, after holding a public hearing at which any municipal officer, employee, private citizen, and the state examiner shall be given an opportunity to show cause why the proposed rule, amendment, or any part thereof should not be adopted. Before the board holds this public hearing, it shall furnish at least thirty days notice in advance of the date, time, and place therefor to the mayor, com- missioner of public safety, any other municipal commissioner whom the rule may in any way affect, the chief and each station of the departmental service to be affected by the adoption of any such rule, and to the state examiner. A copy of all proposed rules to be discussed at any hearing shall be furnished with all notices. Each notice and copy of proposed rule furnished the various stations of a respective department shall be posted upon the bulletin board of each station for a period of at least thirty days in advance of the hearing. Within thirty days after the board has adopted any rule, whether it is a new rule or amendment to an existing rule, or an abolition in whole or part thereof, it shall furnish an official copy thereof to all persons and places set forth above. Rules adopted under the authority of this section shall have the force and effect of law. (Source: Acts 1944, No. 102, § 7.) 33:2479. State examiner of municipal fire and police civil service A. The office of state examiner of municipal fire and police civil service is created. B. The state examiner shall be a resident and qualified voter of the state. He shall be a person who has had experience in the field of personnel adminis- tration. C. The state examiner shall maintain a suitable office in the city of Baton Rouge. The officer charged by law with the custody of state buildings shall assign suitable office space to the examiner. The examiner shall appoint em- ployees necessary for him to carry out his duties effectively. D. The state examiner shall serve on a full-time basis. He shall be paid a salary of forty-two hundred dollars per year. He shall be paid for his traveling and living expenses while away from the city of Baton Rouge. E. The state examiner shall take the oath of office and furnish bond for the faithful performance of his duties according to law in the sum of five thousand dollars. The premium of the bond shall be paid from the funds appropriated to the state examiner. The state examiner shall be ex-officio a notary public for the state at large. F. The state examiner may obtain on a contractual or fee basis the services which his office is unable to supply and which are necessary for his compliance with the provisions of this Part. G. The state examiner shall: (1) Assist the various boards in an advisory capacity in the discharge of their duties. (2) Prepare and submit a classification plan to each board for its approval, after consultation with the appointing and departmental authorities of the 826 Vol. IV Acts of the Legislature *: departmental service for which a plan is prepared and submitted, as provided in R.S. 33:2483. - (3) Prepare and administer tests of fitness for original entrance and pro- motion to applicants for positions in the respective classified service of the municipalities; score the tests and furnish the results to the board for which the tests are given. (4) Cooperate with the secretary of each board in maintaining a roster of all fire and police civil service employees in which shall be set forth the name of each employee, the class title of position held, the salary or other compen- sation, any change in class title, and any other necessary data. (5) Act as secretary of any said board requesting such service. (6) Assist and cooperate in an advisory manner with the various appoint- ing authorities, department officers, and the classified employees, of the mu- nicipalities regarding the duties and obligations imposed upon them by the provisions of this Part. (7) Encourage employee training in the classified service and, when pos- sible, attend the training courses or parts thereof. (8) Make annual or biennial reports regarding the work of his office to the governor. (Source: Acts 1944, No. 102, §§ 4, 8; Acts 1946, No. 30, § 2; Acts 1948, No. 197, § .) 33:2480. Appropriations; facilities for board The legislature shall make adequate annual appropriations to enable the state examiner to carry out effectively the duties imposed upon him by this Part. The governing body of the municipality shall make adequate annual ap- propriations to enable the board of the municipality to carry out effectively the duties imposed upon the board and shall furnish the board with office space, furnishings, equipment, and supplies and materials necessary for its operation. (Source: Acts 1944, No. 102, §§ 4, 35; Acts 1946, No. 30, § 2; Acts 1948, No. 197, § 2.) 33:248l. Classified and unclassified service A. The classified service shall comprise every position, except those in- cluded in the unclassified service, to which the right of employee selection, appointment, supervision, and discharge is vested in the municipal government or with an officer or employee thereof, and which has as its primary duty and responsibility one of the following: (Fire) (1) The chief and assistant chiefs; the intradepartmental division, bureau, squad, platoon and company officers of the fire department. (2) Fire fighting. (3) Fire prevention; inspection. (4) Driving, tillering, and operation of fire apparatus. (5) Operations and maintenance of radio, fire alarm, or signal system. (6) Fire department instructors in employee training. (7) Fire salvage and overhauling services; and first aid. (8) Automotive or fire apparatus repairs, if such service is operated ex- clusively by and for either or both the fire or police department. (9) Secretary to the chief. Departmental records clerk. (Police) (1) The chief and assistant chiefs; the intradepartmental division, bureau, squad, platoon, and company officers of the police department. (2) Law enforcement. (3) Crime prevention; identification; inspection; and investigation. (4) Police headquarters desk service; jailer, and police matron. (5) Operations and maintenance of radio, police alarm, or signal system. (6) Police department instructors in employee training. 827 Vol. IV ſº º Legal Materials (7) Police control of traffic (vehicular and pedestrian). (8) Automotive or police apparatus repairs, if such service is operated exclusively by and for either or both the police or fire department. (9) Secretary to the chief. Department records clerk. B. The unclassified service shall comprise the following: (1) All officers, employees, and positions of employment in the municipal government, not having as a principal duty one of the duties hereinabove pro- vided in the classified service. (2) Officers elected by popular vote and persons appointed to fill vacancies in elective offices. (3) Secretaries, stenographers, and all clerical positions not specifically in- cluded in the classified service. ... , (4) Pound keepers, dog catchers, janitors, porters, elevator operators, chefs, kitchen helpers and workers, mechanic's helpers, car washers, unskilled labor, special guards at schools, or any part-time, or temporary employee. (5) Any position of employment, the duties of which are included in the classified service, to which the right of employee selection, appointment, super- vision, and discharge is vested in and with those other than the municipal government or an officer or employee thereof. (Source: Acts 1944, No. 102, § 9.) 33:2482. Right of employee who entered armed forces to be reinstated Any regular and permanent employee who left a position of the depart- mental service, which now comes within the classified service, subsequent to May 1, 1940, and entered the armed forces of the United States shall be re- stored to his position and, thereafter, be subject to the rights and jurisdiction of the classified service created by this Part if he makes application therefor to the appointing authority within sixty days from the date of his honorable discharge or discharge under honorable conditions, and is physically and men- tally capable of performing the work of his position to the satisfaction of the appointing authority. (Source: Acts 1944, No. 102, § 10.) 33:2483. Classification plan Each board, as soon as practicable (not to exceed a period of eighteen months) after this Part takes effect in the municipality, shall adopt a classifi- cation plan for the fire and police services of the municipality. Each classifica- tion plan shall consist of classes to be designated either by standard titles, ranks, or a combination thereof, for all positions included in the classified service for each of the fire and police services. The classification plan may be divided into groups of classes. The various classes of positions shall be arranged in each classification plan so as to show the principal and natural lines of promotion and demotion. The classification plan shall be adopted as rules of the board, in the manner provided by this Part for the adoption of rules. Rules creating the classification plan, future classifications, abolition of any classification, any amendment thereto, or revision thereof shall be adopted by a board only after consultation with the appointing authority, and the state examiner. The original classification plan to be established when this Part takes effect in a municipality shall be prepared, after consultation with the appointing authority, and sub- mitted to the board for its approval and adoption, by the state examiner. The board may amend or revise the classification plans before adopting them. The state examiner shall advise and assist the board in all future classifications when requested to do so. (Source: Acts 1944, No. 102, § 11.) 33:2484. Allocation of position to classes The board, or chairman therof subject to the subsequent approval of the board, as soon as practicable (not exceeding forty-five days) after the adoption of a classification plan, after consultation with the appointing authorities con- cerned, shall allocate each position in the classified service to its appropriate class; and thereafter shall likewise allocate each new position created in the service, and, when for the benefit of the service, reallocate positions from class to class. 828 Vol. IV Acts of the Legislature *: Whenever the duties of a position are so changed by the appointing au- thority that the position in effect becomes one of a different class from that to which it is allocated, the change shall operate to abolish the position and to create a new position of the different class. Whenever the board finds any change in the duties of any position in the classified service was brought about by the appointing authority to effect a reduction in the classification of any employee because of political, religious, or discriminatory reasons, or without just cause, it shall refuse to recognize any such action, and shall order the appointing authority to continue the employee in the position and class with all rights and privileges. (Source: Acts 1944, No. 102, § 12.) 33:2485. Use of class titles The title of each class shall be the official title of every position allocated to the class, for all purposes having to do with the position as such, and shall be used to the exclusion of all other titles on all pay rolls, budget estimates, and official records and reports pertaining to the position, except that any abbrevia- tion or code symbol approved by the board may be used to designate a position of a class. Any other title satisfactory to the appointing authority may be used in official correspondence and in any other connection not having to do with the personnel processes covered by this Part. No employee shall be appointed, employed, or paid under any title other than that of the class to which the position occupied by him is allocated. (Source: Acts 1944, No. 102, § 13.) 33:2486. Status of incumbent of position when allocated Every person employed in the municipal fire and police services for a con- tinuous period of at least six calendar months immediately preceding the date that this Part takes effect in the municipality, who was regularly and per- manently appointed to a position coming under the classified service, shall be inducted into and bound under the classified service, the provisions of this Part, and the rules adopted hereunder. When any position is first allocated hereunder, or is reallocated to a dif- ferent class to correct an error in its previous allocation, or because of a change in the duties of a position which has the effect of abolishing the position and creating a new position of another class, the employee in the position may continue to serve therein, with the status and all the rights and privileges he would have had under this Part if he had been originally appointed by examina- tion and certification hereunder to a position of the class to which the position has been allocated or reallocated. Such employee however may be transferred without further tests of fitness or certification to any position of the class to which the position was previously allocated while held by the employee. Any employee who feels himself aggrieved because of any allocation or change in classification affecting his position shall, upon his request, be heard thereon by the board; and the board shall hear and decide the complaint in any manner it deems proper. (Source: Acts 1944, No. 102, §§ 10, 14.) 33:2487. Methods of filling vacancies Vacancies in positions in the classified service shall be filled by one of the following methods: (1) Demotion (2) Transfer (3) Reinstatement (4) Promotional appointment (5) Competitive appointment (6) Reemployment (7) Temporary appointment A vacancy shall be considered filled under any of the methods specified above, and employment thereunder effective, as of the date on which the employee enters upon the duties thereof. (Source: Acts 1944, No. 102, § 15.) 829 Vol. IV § tº Legal Materials 33:2488. Demotion Demotions of regular employees shall be made by the appointing authority when it becomes necessary to reduce the number of employees in the classified service or in any class therein. Demotions from any class, except for disciplinary action or because of the abolition of an entire class in the classified service, shall be made by demoting employees from lowest to highest in point of total seniority earned in positions of the class plus that earned in any higher classes in the classified service. The names of regular employees demoted for any reason, except for disciplinary action, shall be recorded upon the reinstate- ment list for the class from which they are demoted in the order in which the demotions are made. (Source: Acts 1944, No. 102, § 16.) 33:2489. Transfer Any employee may be transferred from any position in the classified service to any other position of the same class within the classified service, at the pleasure of the appointing authority without notice to and confirmation by the board. Any regular employee so transferred shall have the right of appeal to his board upon the grounds (1) that his transfer was made to a position not in- cluded within the class to which his position was previously allocated, or (2) that the position to which he has been transferred is not included within the classified service; or (3) the transfer was made deliberately to discriminate against him. (Source: Acts 1944, No. 102, § 17.) 33:2490. Reinstatement and reemployment A. Each employee who, during or at the expiration of his working test period of probation following his promotion after being certified from an appro- priate employment list, is rejected and refused permanent status in the position and class to which he was promoted, shall be automatically reinstated to the position from which he was promoted without his name being placed upon any list. B. All employees whose names appear upon the reinstatement list for a respective class shall be reinstated in a position thereof, in the reverse order from which their names were placed upon the list, before any other appointment is made therein. C. All employees whose names appear upon the reemployment list for a class from which they were laid off according to the provisions of R.S. 33:2499 shall be reemployed in a position thereof, or offered such appointment, in the reverse order from which their names were placed upon the list for the class, before any other employment or appointment is made in it. D. Any regular employee who resigns from a position in the classified service may, with the prior approval of the board, be reemployed in a position of the class or in a position of any lower class for which he is qualified, pro- vided, that the reemployment is made within four years of the date of resig- nation, and that no person whose name appears upon either the reinstatement, employment, or reemployment list for a class to which any such person is reemployed is willing to accept an appointment therein. Any person who is reemployed shall be physically fit to perform the duties of the position to which he is appointed. He shall furnish a favorable medical certificate to the appoint- ing authority and the board after a recent examination by a practicing physician. (Source: Acts 1944, No. 102, § 18.) 33:2491. Establishment and maintenance of employment lists The board shall establish and maintain employment lists containing names of persons eligible for appointment to the various classes of positions in the classified service, as follows: A. Names of regular employees who are demoted from any class for a reason other than disciplinary action shall be placed upon the reinstatement list for the class from which they were demoted in the order in which the demotions were made. 830 Vol. IV Acts of the Legislature º: B. Only the names of regular employees who have been laid off in accord- ance with the provisions of R.S. 33:2499 shall be eligible for entry upon the reemployment list. The names of such persons shall be entered upon the reem- ployment list for the class from which they were laid off in the order in which the lay-offs were made. C. A name placed upon either the reinstatement or the reemployment list shall remain thereon for a period of four years. The board, however, may remove the name of any person who refuses an offer of employment following a certification from either list. D. Names of persons attaining a passing score on a promotion test shall be placed upon the promotion employment list for the class for which they were tested, from highest to lowest, according to their total seniority in the departmental service. The names of persons attaining a passing score on a competitive test shall be placed upon the competitive employment list for the class for which they were tested, from highest to lowest, according to their final test scores. . E. Any person whose name is placed upon the competitive employment list for the entrance or lowest ranking class in the classified service who has served in the armed forces of the United States of America during the times of war, and has been honorably discharged or discharged under honorable conditions, shall have added to his final test score a total of five points at the time of placing his name upon the list. Proof of such service and discharge shall be required by the board in any manner it deems advisable. F. The minimum and maximum period for which a name may remain upon a promotional and a competitive employment list shall be twelve and eighteen months, respectively, for each list. G. The employment lists for which eligibles are obtained from the results of tests given for that purpose shall be reestablished in the manner further pro- vided by this Part. H. When new names are to be placed upon a promotion list for a given class, the remaining names thereon shall be rearranged with the new names so that all names appearing upon the list for the class shall rank, from highest to lowest, according to total seniority in the departmental service. When new names are to be placed upon a competitive list for a given class, the remaining names thereon shall be rearranged with the new names so that all names appear- ing upon the list for the class shall rank, from highest to lowest, according to their final test scores. (Source: Acts 1944, No. 102, § 19.) 33:2492. Tests The board shall provide through the state examiner for tests to determine the eligibility of applicants for entry upon the promotional and competitive employment lists, as follows: A. Official notice of examination shall be posted on the bulletin board in each station of the respective department. The notice shall state (1) class of positions for which tests will be given, (2) whether the tests will be given on a promotional or competitive basis, and (3) the final date on which applications for admission to the tests will be received. The notice shall be posted for a con- tinuous period of thirty days preceding the date for administering the tests. In addition to the posted notice, public notice for all tests to be given on a com- petitive basis shall be published at least four times during the thirty day period in the official journal of the municipality in which such tests are to be held. This notice of examination need not reveal the exact date on which tests shall be administered, but all applicants shall be advised the date, place, and time to report for an announced test at least five days in advance thereof in any manner the board may prescribe. Each person comprising a group of candidates being tested at a given time for the same class of employment shall be given the same test, and it shall be administered in the same manner to each candidate. No question shall be framed so as to elicit information concerning the political, factional, or religious opinions or affiliations of any applicant. B. All tests shall be restricted to those matters which will fairly test the relative capacity and fitness of the candidates to discharge the duties character- istic of positions of the class to which they seek to be appointed. Tests may 831 Vol. IV § ſº Legal Materials include written or oral questions, trials in the performance of work character- istic of the class, inquiries into facts relating to education, experience, or ac- complishments in specialized lines of endeavor, or any combination of these and other elements duly related to the purposes of the tests. C. Seventy-five per cent shall constitute a passing score for all tests admin- istered under the provisions of this Part. D. Promotional tests for positions in the various classes in the classified service, except those classes in which positions shall be filled only from the competitive list, may be held as the needs of the service require, but must be given at least one time during each successive period of eighteen months. E. Competitive tests shall be held only as the needs of the service require and shall be given for classes comprising only the following duties or positions: (1) Chief of the departmental service. (2) The entrance or lowest ranking class in the classified service. (3) The entrance or lowest ranking class in any group of classes where the various classes have been divided into groups by the classification plan. (4) Operation, maintenance, and supervision of radio, fire alarm, police alarm, and other signal systems. (5) Automotive or fire apparatus mechanics and repairmen. (6) Secretary to the chief. (7) Departmental records clerk. (8) For a position in any class in the classified service after reasonable efforts by preceding methods provided by this Part have failed to produce names of persons eligible for regular appointment thereto. F. All tests required by this Part shall be prepared, administered, and scored by the state examiner in accordance with the provisions of this Part. The results of the tests shall be furnished the board for which the tests have been held as soon as practicable after the tests have been administered. All test questions, answers, and papers shall at all times be kept in the custody of the state examiner, and shall be produced by him and exhibited by him at the domicile of any board upon its written request. G. The board for which any test is administered may, at any time up to six months after receiving the results from the state examiner, receive and review any or all parts of the test and the methods used in its grading, in order to determine whether the test was a fair and reasonable one and was fairly graded. If, after the board reviews any test and consults with the state examiner, it concludes that any item or parts of the test was unfair or unreasonable or finds errors in the grading, it may, at its discretion, cause a re-grading of the test and, thereupon, correct or establish the appropriate employment list in accordance with the revised ratings. If the board finds that a fair rating can be determined only from an entire new test, it may cause a new test to be given to all persons taking the previous test and, establish a new employment list for the class from the result of such new test. H. Each applicant who makes a passing score on a test administered under the provisions of this Part shall be advised, in any manner the board prescribes, of his final grade and relative standing on the list appropriate for the class for which he was tested. (Source: Acts 1944, No. 102, § 20.) 33:2493. Admission to tests Admission to tests shall be as follows: A. Admission to a promotional test shall be limited to regular employees of the class next lower from that for which they are to be examined. However, the rules may provide for admission to be extended to applicants from any one or more of the next lower classes. B. Admission to competitive tests shall be open to all persons who meet the requirements provided by this Part and the rules. C. Any applicant admitted to a test shall be a citizen of the United States of America and, if of legal age, shall be a qualified elector of the State of Loui- S18. In 8. 832 Vol. IV Acts of the Legislature "s: D. Special requirements or qualifications for admission to tests, or eligibility for appointment, such as age, education, physical requirements, etc., may be established by the rules adopted by the board, after consultation with the appointing authority. Any applicant must be, at the time of his appointment to a position in the classified service, of good health, good moral character, and of temperate and industrious habits. E. The board may reject the application of any person for admission to tests of fitness, or refuse any applicant to be tested, or may cancel the eligibility of any eligible on any employment list, who (1) Is found to lack any of the qualifications prescribed, or which may be legally prescribed, as requirements for admission to the tests for the class for which he has applied; (2) Is physically unfit to perform effectively the duties of a position of the class; (3) Is addicted to the habitual use of drugs or intoxicating liquors to excess; (4) Has been adjudged guilty of a crime involving moral turpitude or infamous or notoriously disgraceful conduct; (5) Has been dismissed from the respective service for delinquency or misconduct; (6) Has made a false statement of any material fact; or (7) Has practiced, or attempted to practice, deception or fraud in securing eligibility for appointment or attempting to do so. Any such facts shall also be considered cause for removal of any employee. The board shall reject any application filed after the time fixed for closing receipt of applications as announced in the public notice of the tests. (Source: Acts 1944, No. 102, § 21.) 33:2494. Certification and appointment A. Whenever the appointing authority proposes to fill a vacancy in the classified service, except by demotion, transfer, emergency appointment, or by substitute employment not to exceed thirty days, he shall request the board to certify names of persons eligible for appointment to the vacant position. The board shall thereupon certify in writing the names of eligible persons from the appropriate employment list as provided below. No such certification shall be valid for more than thirty days following the date thereof. The appointing authority shall, if he fills the vacancy, make the appointment as provided below. B. The board shall first certify the name of the person appearing upon the reinstatement list who is eligible for the first reinstatement in the class of the vacant position. The name of this person and all others appearing upon the reinstatement list for the class shall be certified and offered the appoint- ment in the order provided by Sub-section B of R.S. 33:2490 before the vacancy is filled by any subsequent method provided by this Part. The appointing authority shall appoint to the vacant position the first person so certified to him who is willing to accept the appointment. If the position is one of a class from which lay-offs have been made as provided by R.S. 33:2499 the names of eligible persons appearing upon the reemployment list for the class shall be certified and offered the appointment in the order provided by Sub-section C of R.S. 33:2490 before any other appointment is made thereto. C. In the event a vacancy cannot be filled by reinstatement, or by reem- ployment as above provided, the board shall next certify the names of the persons upon the promotional list, in the order in which they appear thereon, for the class in which the vacancy is to be filled. The appointing authority shall select and appoint to the first vacancy to be filled the one person certified to him who has the greatest seniority in the departmental service. Any remain- ing positions to be filled in the same class shall be filled by appointing to each such successive vacancy the one of the remaining persons certified therefor who has the next highest seniority in the departmental service. If any one or more persons so certified should refuse the appointment, the appointing author- ity shall then select and appoint one of the persons certified by the board with the next highest seniority in the departmental service. This procedure shall be followed until the position has been filled by appointment of the one person 833 Vol. IV #5 º Legal Materials who has the greatest seniority in the departmental service, and who is willing to accept the appointment, or until each person whose name appears upon the list, has in this order been certified and offered the appointment for the Vacancy. D. Certification and appointment from the competitive list shall be limited to those conditions and classifications for which the competitive test may be given as provided by Sub-section E of R.S. 33:2492. Upon the appointing authority's request for the certification of eligible persons from which he may fill a vacancy, and if the competitive list is the appropriate list from which the names of eligible persons shall be certified, the board shall certify the names of the persons upon that list, in the order in which they appear thereon, for the class in which the vacancy is to be filled. The appointing authority shall select and appoint to the first vacancy to be filled, any one of the persons so certified to him for the vacancy. If any one or more persons so certified should refuse the appointment, the appointing authority shall then select and appoint any one of the remaining persons certified by the board. This procedure shall be followed until the position has been filled by appointment of one of the persons certified from the list and willing to accept the appointment, or until each person whose name appears upon the list has in this manner been certified for the vacancy. E. Appointment to any position in the classified service from which the regular employee is away on an authorized leave of absence shall be made in accordance with the provisions of R.S. 33:2496. F. The appointing authority shall notify the board of the - filling of a vacancy as provided in R.S. 33:2503. (Source: Acts 1944, No. 102, § 22.) 33:2495. Working tests Every person appointed to a position in the classified service following the certification of his name from a promotional or a competitive employment list, except those appointed on a temporary basis, shall be tested by a working test while occupying the position before he may be confirmed as a regular and permanent employee in the position. The period of the working test shall commence immediately upon appoint- ment and shall continue for a period of not less than six months nor more than one year. Any employee who has served at least three but less than six months of his working test for any given position may be removed therefrom only with the prior approval of the board, and only upon the grounds that (1) he is unable or unwilling to perform satisfactorily the duties of the position to which he has been appointed or (2) his habits and dependability do not merit his continuance therein. Any such employee may appear before the board and present his case before he is removed. Upon any employee completing his working test, the appointing authority shall so advise the board and furnish a signed statement to the respective employee of its confirmation and acceptance of the employee as a regular and permanent employee in the respective position, or of its refusal to confirm the employee and the reasons therefor. If, at the expiration of an employee's work- ing test period, the appointing authority fails to confirm or reject the employee, such failure to act shall constitute a confirmation. Any employee who is rejected after serving a working test of six months but not more than one year, may appeal to the board only upon the grounds that he was not given a fair opportunity to prove his ability in the position. The appointing authority may remove, and shall remove upon the order of the board, any employee during his working test period who the board finds, after giving him notice and an opportunity to be heard, was appointed as a result of an error, misrepresentation or fraud. In any event where an employee is permitted under this Section to appeal to the board, the decision of the board shall be subject to the judicial review provided by this Part and the appointing authority and employee shall be governed accordingly. (Source: Acts 1944, No. 102, § 23.) 834 Vol. IV Acts of the Legislature º; 33:2496. Temporary appointments ... Temporary appointments may be made to positions in the classified service without the appointees acquiring any permanent status therein, as follows: A. (1) When a vacancy is to be filled in a position of a class for which the board is unable to certify names of persons eligible for regular and perma- ment, or substitute, appointment, the appointing authority may make a pro- visional appointment of any person whom he deems qualified. Whenever prac- ticable, the appointment should be made by the provisional promotion of an employee of a lower class. A provisional appointment shall not continue for more than three months. No position in the classified service shall be filled by one or more provisional appointments for a period in excess of three con- secutive months and successive like periods shall not be permissible. The board, may however, authorize the renewal of such appointment, or authorize such successive appointments for a period not to exceed three additional months whenever it has been impracticable or impossible to establish a list of persons eligible for certification and appointment to the vacancy. Any provisional ap- pointment, if not terminated sooner, shall terminate upon the regular filling of the vacancy in any manner authorized under this Part and, in any event, within fifteen days after a certification from which a regular, or substitute appointment, as the case may be, can be made under the provisions of this Part. A provisional appointment shall be reported to the board within fifteen days following the appointment. (2) During the times of war, and after the board continues to offer tests provided by this Part in an effort to obtain persons eligible for regular and permanent appointment to a position of any class which has been permanently vacated by the regular employee thereof, and it finds it impossible to establish a list of persons qualified for certification and permanent appointment to the position in the classified service, it may authorize the appointing authority to fill the position with a provisional appointee until the appropriate employment list can be established. (3) Provisional appointments may be made in any position until a classi- fication plan is prepared and adopted and for such time thereafter as may be required for the preparation and administration of tests and the establish- ment of employment lists from the results of the tests. But such special authority shall be valid for a period for not more than eighteen months imme- diately following the date that this Part takes effect in the municipality. B. A substitute appointment may be made to any position in the classified service (1) from which the regular and permanent employee is away on an authorized leave of absence, or (2) from which the regular employee is sub- stituting for some other regular employee who is authorized to be away from his respective position. No position shall be filled by a substitute appointee for a time beyond that for which the regular and permanent incumbent is away on an authorized leave. Whenever such appointment shall continue for not more than thirty days, the appointing authority may appoint thereto any one whom he deems qualified. Substitute appointments made for a period exceeding thirty days shall be made in the same manner as provided in R.S. 33:24.94 for the filling of a vacancy by a regular and permanent appointment. Any person employed on a substitute basis shall, for the duration of the temporary employment, enjoy the class title and be entitled and receive the rate of pay for the class and position in which he is employed. The appointing authority shall notify the board within fifteen days following any substitute appointment made for a period to exceed thirty days, the name of the appointee, the class of position filled, the period for which the appointment was made and attach to the notification a signed copy of the leave of absence granted the employee for whom the appointee is substituting. C. Emergency appointments of any person may be made at any time the needs of the service require because of any local emergency of a temporary and special nature. No such appointment shall be effective or continued for more than ten days. (Source: Acts 1944, No. 102, § 24.) 835 Vol. IV ſº Legal Materials 33:2497. Leaves of absence The board shall adopt rules to provide for leaves of absence in the various classes of the classified service. Such rules shall provide for annual vacation and sick leaves with pay, and special leaves with or without pay. They may provide for special extended leaves with or without pay and for special extended leaves with or without pay or with reduced pay for employees disabled through injury or illness arising out of their employment. The right to regulate the time at which any employee may take an annual leave, or any other leave which is not beyond the control of the employee, shall be vested at all times with the appointing authority. (Source: Acts 1944, No. 102, § 25.) 33:2498. Abolition of positions in the classified service Whenever the appointing authority abolishes a position in the classified Service and there is no position vacant in the respective class to which the regular employee of the abolished position may be transferred, the employee shall be transferred to any position of the same class which may be held by a provisional employee. If there is no such position he shall be transferred to another position in the respective class, and the holder of that position shall thereupon be demoted in the order provided by R.S. 33:2488. Whenever an entire class is abolished in the classified service, the regular employees of the class shall be demoted to lower classes and priority to positions shall be governed by total seniority earned in the departmental service in the order of highest to lowest. (Source: Acts 1944, No. 102, § 26.) 33:2499. Lay-offs If, for any reason, the lowest class in the classified service, or the lowest class in a respective group of classes, as grouped by the classification plan, should become overburdened with the number of persons holding positions therein, and a reduction of personnel becomes necessary, the reduction shall be made only by laying off persons without pay. The order of removal shall begin with the person youngest in point of his accumulated total service in the depart- mental service and shall continue upward until all persons to be removed have been laid off. Lay-offs shall be made from positions only within the classes set forth. The names of persons laid off, the date, the class of position held, and the order in which each person was laid off shall be reported to the board by the appointing authority. The board shall, thereupon, enter such information upon the reemployment list applicable for the class from which each person was removed. (Source: Acts 1944, No. 102, § 27.) 33:2500. Corrective and disciplinary action for maintaining standards of service A. The tenure of persons who have been regularly and permanently in- ducted into positions of the classified service shall be during good behavior. However, the appointing authority may remove any employee from the service, or take such disciplinary action as the circumstances warrant in the manner provided below for any one of the following reasons: (1) Unwillingness or failure to perform the duties of his position in a satisfactory manner. (2) The deliberate omission of any act that it was his duty to perform. (3) The commission or omission of any act to the prejudice of the depart- mental service or contrary to the public interest or policy. (4) Insubordination. (5) Conduct of a discourteous or wantonly offensive nature toward the public, any municipal officer or employee; and, any dishonest, disgraceful, or immoral conduct. (6) Drinking vinous or spirituous liquors while on duty or reporting for duty while under the influence of liquor. (7) The use of intoxicating liquors, or habit forming drug, liquid, or preparation to an extent which precludes the employee from performing the duties of his position in a safe or satisfactory manner. 836 Vol. IV Acts of the Legislature *: (8) The conviction of a felony. (9) Falsely making a statement of any material fact in his application for admission to any test for securing eligibility or appointment to any position in the classified service, or, practicing or attempting to practice fraud or deception in any test. (10) Using or promising to use his influence or official authority to secure any appointment to a position within the classified service as a reward or return for partisan or political services. (11) Soliciting or receiving any money or valuable thing from any person for any political party or political purpose. (12) Inducing or attempting to induce by threats of coercion, any person holding a position in the classified service to resign his position, take a leave of absence from his duties, or waive any of his rights under the provisions of this Part, or of the rules. (13) The development of any defect of physical condition which precludes the employee from properly performing the duties of his position, or the de- velopment of any physical condition that may endanger the health or lives of fellow employees. (14) The willful violation of any provision of this Part or of any rule, regulation, or order hereunder. (15) Any other act or failure to act which the board deems sufficient to show the offender to be an unsuitable or unfit person to be employed in the respective service. B. Unless the cause or condition justifies an employee being permanently removed from the service, disciplinary action may extend to suspension without pay for a period not exceeding the aggregate of ninety days in any period of twelve consecutive months, reduction in pay to the rate prevailing for the next lower class, reduction or demotion to a position of any lower class and to the rate of pay prevailing therefor, or such other less drastic action that may be appropriate under the circumstances. Nothing contained herein shall prevent any employee who is physically unable to perform the duties of his position from exercising his rights of voluntary retirement under any applicable law. C. Although it is incumbent upon the appointing authority to initiate corrective or disciplinary action, the board may, and shall upon the written request of any qualified elector of the state which sets out the reason therefor, make an investigation of the conduct and performance of any employee in the classified service and, thereupon may render such judgment and order action to be taken by the appointing authority. Such action shall be forthwith taken by the appointing authority. D. In every case of corrective or disciplinary action taken against a regular employee of the classified service, the appointing authority shall furnish the employee and the board a statement in writing of the action and the complete reasons therefor. (Source: Acts 1944, No. 102, § 28.) 33:250l. Appeals by employees to the board Any regular employee in the classified service who feels that he has been discharged or subjected to any corrective or disciplinary action without just cause, may, within fifteen days after the action, demand, in writing, a hearing and investigation by the board to determine the reasonableness of the action. The board shall grant the employee a hearing and investigation within thirty days after receipt of the written request. All such hearings and investigations conducted by the board pursuant to the provisions of this Section shall be open to the public. No hearing and investigation shall be held unless both the employee and the appointing authority have been advised at least ten days in advance of the date, time, and place therefor. If either the appointing authority or the employee fails to appear at the place, and on the day and at the hour fixed for the hearing, the board may decide the issue involved on the basis of the evidence adduced and confined to the question of whether the action taken against the employee was made in good faith for cause set forth in the provisions of this Part. Both the employee and the appointing authority shall be afforded an opportunity to appear before 837 Vol. IV ſº sº Legal Materials the board, either in person or with counsel, and present evidence to show that the action was or was not taken in good faith for cause as set forth in the provisions of this Part. The board shall have complete charge of any such hearing and investigation, and may conduct it in any manner it deems advisable, without prejudice to any person or party thereto. The procedure followed shall be informal and not necessarily bound by the legalistic rules of evidence. The board shall not be required to have the testimony taken and transcribed, but either the employee or the appointing authority may, at their own expense, make the necessary arrangements therefor. In such cases the board may name any competent shorthand reporter as the official reporter. If the testimony is not taken or transcribed, then the board shall make a written finding of fact. After such investigation the board may, if the evidence is conclusive, affirm the action of the appointing authority. If they find that the action was not taken in good faith for cause under the provisions of this Part, the board shall order the immediate reinstatement or reemployment of such person in the office, place, position, or employment from which he was removed, suspended, demoted, or discharged, which reinstatement shall, if the board so provides, be retroactive and entitle him to his regular pay from the time of removal, suspension, de- motion, discharge, or other disciplinary action. The board may modify the order of removal, suspension, demotion, discharge, or other disciplinary action by directing a suspension without pay, for a given period. The decision of the board, together with its written finding of fact, if required, shall be certified, in writing, to the appointing authority and shall be forthwith enforced by the appointing authority. Any employee under classified service and any appointing authority may appeal from any decision of the board, or from any action taken by the board under the provisions of the Part which is prejudicial to the employee or appoint- ing authority. This appeal shall lie direct to the court of original and unlimited jurisdiction in civil suits of the parish wherein the board is domiciled. The appeal shall be taken by serving the board, within thirty days after entry of its decision, a written notice of the appeal, stating the grounds thereof and demanding that a certified transcript of the record, or written findings of facts, and all papers on file in the office of the board affecting or relating to such decision, be filed with the designated court. The board shall, within ten days after the filing of the notice of appeal, make, certify, and file the complete transcript with the designated court, and that court shall thereupon proceed to hear and determine the appeal in a summary manner. This hearing shall be confined to the determination of whether the decision made by the board was made in good faith for cause under the provisions of this Part. No appeal to the court shall be taken except upon these grounds. (Source: Acts 1944, No. 102, § 30.) 33:2502. Oath, testimony, production of records; refusal to testify The board, and each of its members, shall have the same power and authority to administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or hearing authorized by this Part as is possessed by the district courts of Louisiana. Any person who (1) fails to appear in response to a subpoena, (2) fails to answer any question, except those which may incriminate him, (3) fails to produce any books or papers pertinent to any investigation or hearing, or (4) knowingly gives false testimony therein shall be subject to the penal Sections of this Part. In case of contumacy or refusal to obey a subpoena issued to any person, the district court within the jurisdiction of which the investigation is being carried on, or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, or resides, or transacts business, upon application of the board, shall have the requisite jurisdiction to issue to the person an order requiring him to appear before the board, its member or agent, and to produce the required evidence or give testimony touching the matter under consideration or in question. Any person failing to obey such order may be punished by the court for contempt. Any officer or employee in the classified service who wilfully refuses or fails to appear before any court, officer, board, body, or person properly author- ized to conduct any hearing or inquiry, or any employee or officer, who, having appeared, refuses to testify or answer any relevant question relating to the 838 Vol. IV Acts of the Legislature º: affairs of government of the municipality or the conduct of any municipal officer or employee, except upon the ground that his testimony or answers would incriminate him, shall, in addition to any other penalty to which he may be subject, forfeit his position, and shall not be eligible for appointment to any position in the classified service for a period of six years. (Source: Acts 1944, No. 102, §§ 31, 32.) 33:2503. Duties of municipal officers and employees The appointing authority shall report to the board within fifteen days following any appointment or employment in a position in the classified service, unless otherwise provided, the name of the appointee, the title and character of his office or employment and the date the employee commenced work in the position. The appointing authority shall also report the date of and official action in, or knowledge of, any separation, promotion, demotion, suspension, lay-off, reinstatement, or reemployment in the classified section. An officer or employee of the municipality shall comply with, and aid in all proper ways in carrying out the provisions of this Part and the rules, regu- lations, and orders. All officers and employees shall furnish any records or information which the board or state examiner requests for any purpose of this Part. (Source: Acts 1944, No. 102, § 29.) 33:2504. Political activities prohibited A. Political activities by and extending to employees of the classified serv- ice are hereby prohibited as follows: (1) No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service. (2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. (3) No employee in the classified service shall, directly or indirectly, pay, or promise to pay, any assessment, subscription, or contribution for any political organization or purpose, or solicit or take part in soliciting any such assessment, subscription, or contribution. No person shall solicit any such assessment, sub- scription, or contribution of any employee in classified service. The prohibitions of this Sub-section shall not be construed as applying to membership dues paid, or contributions made, to non-political employee organizations, pension funds, civic enterprises, the Louisiana Civil Service League or any similar non-political and non-partisan organization. (4) No employee in the classified service shall (a) be a member of any national, state, or local committee of a political party, (b) be an officer or member of a committee of any factional, political club or organization, (c) be a candidate for nomination or election to public office, (d) make any political speech or public political statement in behalf of any candidate seeking to be elected to public office, or (e) take any part in the management or affairs of any political party or in the political campaign of any candidate for public office, except to privately express his opinion and to cast his vote. (5) No person elected to public office shall, while serving in the elective office, be appointed to or hold any position in the classified service. (6) No appointing authority, or agent or deputy thereof, shall directly or indirectly, demote, suspend, discharge, or otherwise discipline, or threaten to demote, suspend, discharge or otherwise discipline, or discriminate against any person in the classified service for the purpose of influencing his vote, support, or other political activity in any election or primary election. No appointing authority, or agent or deputy thereof, shall use his official authority or influence, by threats, promises or other means, directly or indirectly, to coerce the political action of any employee in the classified service. B. The appointing authority shall discharge from the service any employee whom he deems guilty of violating any one or more of the provisions of this Section. The board may, upon its own initiative, investigate any officer or 839 Vol. IV #sº { } Legal Materials employee in the classified service whom it reasonably believes guilty of violating any one or more of the provisions. Any citizen, taxpayer, municipal officer, or employee may file with the board detailed charges in writing against any em- ployee in the classified service for violating any one or more of the provisions of this Section. The board shall, within thirty days after receiving the written charges, hold a public hearing and investigation and determine whether such charges are true and correct. If the board should find upon its investigation of any employee that he has violated any of the foregoing provisions, the board shall order the appointing authority to forthwith discharge the guilty employee from the service and the appointing authority shall forthwith discharge the employee. C. Whoever violates this Section shall be subject to the penalties provided in R.S. 33:2507. In addition any employee in the classified service who is dis- charged because of violating a foregoing provision shall not again be eligible for employment or public office in the classified service for a period of six years from the time of his discharge. (Source: Acts 1944, No. 102, § 33.) 33:2505. Other prohibited acts No person shall: (1) Make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provisions of this Part or commit or attempt to commit any fraud preventing the impartial execution of this Part and the rules. (2) Directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any ap- pointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in the classified service. (3) Defeat, deceive, or obstruct any person in his right to examination, eligibility, certification, or appointment under this Part, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. (4) Require any employee in the classified service to perform an act, or neglect an act, which would be a reason for dismissal or disciplinary action of the employee. (Source: Acts 1944, No. 102, § 34.) 33:2506. Legal services If this Part, or its enforcement by the board is called into question in any judicial proceeding, or if any person fails or refuses to comply with the lawful orders or directions of the board, the board may call upon the attorney general, or the chief legal officer of the municipality, or may employ independent counsel to represent it in sustaining this Part and enforcing it. Nothing contained herein shall prevent any municipal officer, employee, or private citizen from taking legal action in the courts to enforce the provisions of this Part or of any rule, order, or other lawful action of the board. (Source: Acts 1944, No. 102, § 36.) 33:2507. Penalties Whoever wilfully violates any provision of this Part or of the rules shall be fined not more than five hundred dollars and shall, for a period of six years, be ineligible for appointment to or employment in any position of the classified service. If he is an officer or employee of the classified service he shall forfeit his office or position. (Source: Acts 1944, No. 102, § 38.) 33:2508. Effect of other laws This Part shall not be rendered ineffective by any general law affecting municipal employees or municipal departments in matters of classified civil service. (Source: Acts 1944, No. 102, § 39.) * º †. + [33:4071-33:4091. See New Orleans Studies, Volume Four, p. 412.] 840 Vol. IV Acts of the Legislature *: 48:91. Qualifications; compensation; oath; bond A chief engineer, a maintenance engineer, and such other engineers as are thought necessary by the director shall be appointed by the director. The chief engineer shall be a competent engineer of recognized ability and standing, experi- enced in highway construction and maintenance and shall be licensed to practice civil engineering in Louisiana. Both the chief engineer and the maintenance engineer shall give their whole time to the duties of their offices. The chief engineer and the maintenance engineer shall receive annual salaries fixed by the director, payable monthly out of the General Highway Fund, and shall be allowed their actual and necessary traveling expenses incurred in the discharge of their official duties. Before entering upon the duties of his office, each shall take the prescribed oath and give bond to the governor in the sum of ten thousand dollars, con- ditioned upon the faithful performance of his duties. These bonds shall be ap- proved by the governor and filed with the Secretary of State. (Source: Acts 1942, No. 4, § 23; Acts 1948, No. 26, § 1.) * * * º 48:ll I. General counsel and assistants; qualifications The director may employ a general counsel and such assistants as he thinks necessary. The general counsel and his assistants shall be duly qualified and admitted to practice law in Louisiana. The director may fix their compensation. (Source: Acts 1942, No. 4, § 25.) 841 MISCELLANEOUS CONTRACTS OF BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS CONTRACT WITH BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT UNDER DATE OF JUNE 29, 1918 ENTERED INTO TO CARRY INTO EFFECT ACT No. 3 OF 1918. (Ratified By Article VI, Section 16 of the Constitution of Louisiana of 1921) THIS CONTRACT made and executed this 29 day of June 1918, by and between the Board of Levee Commissioners of the Orleans Levee District, as party of the first part, and the Board of Commissioners of the Port of New Orleans, as party of the second part. WITNESSETH: WHEREAS by joint resolution of the General Assembly of this State approved July 9, 1914, known as Act No. 244 of 1914, and subsequently adopted as an amendment to the Constitution, the Board of Commissioners of the Port of New Orleans is authorized to dig, build, erect, and operate, or acquire and operate a navigation canal in the City of New Orleans, together with the necessary locks, slips, laterals, basins and appurtenances thereof, and other works necessary therefor, to connect Lake Pontchartrain and the Mississippi River, in aid of commerce, and the location of said canal has been fixed and determined by the Commission Council as provided by the said Act, and plans and specifications for the construction of said canal have been prepared; and WHEREAS under and pursuant to the Constitution of this State and statutes enacted pursuant thereto, including among others Act No. 93 of 1890, as amended, the Board of Levee Commissioners of the Orleans Levee District, is charged with the construction and repair and invested with the control and maintenance of all levees in said Levee District, whether on river, lake, canal or otherwise, and to that end has full power and authority to put up and erect in connection with its levee system, and pumps, flood-gates and other appliances as may be necessary, and is by joint resolution of the General Assembly of Louisiana approved July 6, 1916, known as Act No. 203 of 1916, subsequently adopted as an amendment to the Constitution, empowered, among other things, to construct and maintain levees and embankments over and in the bed and on the shores of Lake Pontchartrain, and along the canals connecting therewith, and in such other places in the Parish of Orleans and the adjacent Parishes as the Board may determine; and WHEREAS the said Board of Levee Commissioners deems it necessary for the protection of the Parish of Orleans against inundation by overflow that levees, flood-gates and other appliances shall be constructed on and along the line of said canal, and in the performance of its public duties desires to proceed with the construction of said levees, flood-gates and other appliances, when and as the said canal shall be constructed, and it is to the public interests that such construction of the said levees, flood-gates and other appliances shall be undertaken and performed under the supervision and direction of the said Board of Levee Commissioners by the said Board of Commissioners of the Port of New Orleans or its contractors or agents, as or when the said canal is in course of construction, but the construction of said levees, flood-gates and other appliances will substantially increase the cost of the works proposed to be undertaken by the said Board of Commissioners of the Port of New Orleans in and about the construction of the said canal, and the Board of 845 Vol. IV Or! e Ş...ºn. Legal Materials 1 1 1 12 Commissioners of said Port does not desire to undertake the construction of the same unless the expense thereof shall be borne and assumed by the said Board of Levee Commissioners; WHEREAS by Act No. 3 of 1918, entitled “An Act to promote the develop- ment of the port system of the Port of New Orleans, and the Construction, Maintenance and Operation of the Navigation Canal under Act No. 244 of 1914 adopted as a Constitutional Amendment; to provide for the cooperation of the Board of Commissioners of the Port of New Orleans, the Board of Levee Commissioners of the Orleans Levee District, the City of New Orleans, the Public Belt Railroad, thereof, and other corporations, in the construction of works rendered necessary by said canal and other improvements and works of said Port, and to authorize said bodies to contract with reference thereto.” Authority has been conferred upon the said Board of Levee Commissioners and the Board of Commissioners of said Port to enter into contracts and agreements in rela- tion to the construction of the said levees. NOW, THEREFORE; in consideration of the premises, it is contracted, stipulated and agreed by and between the parties as follows: 1. The property within the boundaries of the location fixed and determined by the Commission Council of the City of New Orleans and more fully described in a map or plan thereof, hereto annexed, made a part hereof, marked Exhibit “A” is by these presents taken, dedicated, set aside and appropriated for canal and levee purposes. 2. The plans and specifications heretofore prepared and all resolutions and authorizations in connection therewith for the construction of the said naviga- tion canal, together with the necessary locks, slips, laterals, basins and appurte- nances thereof, and other necessary works therefor, and for the construction of any and all levees along the same, are hereby made a part of this contract and agreement. 3. The Board of Commissioners of the Port of New Orleans contemperane- ously with and as the said canal, locks, slips, basins, laterals and appurtenances are constructed, shall proceed with the construction of the permanent or temporary levees along the same as shown upon the said plans, upon the terms and conditions hereinafter set forth; The said works shall be in all respects performed and done by the Board of Commissioners of the said Port of New Orleans or by its contractors or agents in good and workmanlike man- ner, under the supervision and to the satisfaction of the said Board of Levee Commissioners of the Orleans Levee District. 4. The Board of Commissioners of the Port of New Orleans shall, when the Board of Levee Commissioners of the Orleans Levee District deem it necessary, and upon written notice from the said Board of Levee Commissioners of the Orleans Levee District, construct all levees along the said canal, locks, slips, laterals, basins and appurtenances thereof, to such standard of section and grade as fixed or prescribed by the Board of Levee Commissioners of the Orleans Levee District, so as to give adequate and uniform protection to the City of New Orleans. Further, that all costs and expenses, including land and property, for the construction of any and all levees to standard section and grade as determined and prescribed by the Board of Levee Commissioners of the Orleans Levee District, shall be borne by the Board of Commissioners of the Port of New Orleans. Should the Board of Commissioners of the Port of New Orleans fail or refuse to enlarge or construct any and all levees to the standard of grade and section, as fixed or prescribed by the Board of Levee Commissioners of the Orleans Levee District, then the Board of Levee Commissioners of the Orleans Levee District shall have and is hereby given the right and power to enlarge and construct any and all levees to the standard of section and grade as fixed or prescribed by the said Board of Levee Commissioners of the Orleans Levee District, at the cost and expense of the said Board of Commissioners of the Port of New Orleans, including all necessary land and property therefor, for which said Board of Commissioners of the Port of New Orleans binds itself unto the Board of Levee Commissioners of the Orleans Levee District, and the amount so expended shall, after sufficient provision has been made for all 846 Vol. IV Mº ll New Orleans QSCéllo!?!,600/S Contracts : interest and annual sinking fund payments and any bonds of the Board of Commissioners of the Port of New Orleans, of the present issue, maturing during the current year shall have been fully provided for, be paid by the said Board of Commissioners of the Port of New Orleans, to the said Board of Com- missioners of the Orleans Levee District, and shall be a lien or charge on the net revenues of the said canal and works and improvements of the said Board of Commissioners of the Port of New Orleans, after making provision for the maturing interest, sinking fund and maturing bonds. 5. For the cost and expense of any and all levees, and for the main- tenance and upkeep thereof during the life of this contract and to pay for the work performed by the Board of Commissioners of the Port of New Orleans, the said Board of Levee Commissioners of the Orleans Levee District hereby agrees to pay to the said Board of Commissioners of the Port of New Orleans the sum of Two Hundred and Fifty Thousand ($250,000.00) Dollars per year, for the term of fifty (50) years, in semi annual installments, payable respectively on the first day of November 1918 and every six months there- after during the said term, and the said Board of Levee Commissioners of the Orleans Levee District as authorized by the said Act No. 3 of 1918, approved May 31st, 1918, hereby levies, dedicates and appropriates a sufficient tax within the limits prescribed by Article 239 of the Constitution, to pay the said cost or compensation in semi-annual installments as hereinbefore pro- vided. The said payment shall be made at the office of the Board of Com- missioners of the Port of New Orleans or to the Trustees or fiduciary named in any mortgage made by the Board of Commissioners of said Port of New Orleans of said canal, locks and other improvements, under the authority conferred upon them by said Act No. 244 of 1914. 6. In consideration of the premises, the Board of Levee Commissioners of the Orleans Levee District is hereby granted an easement or privilege to maintain levees, flood-gates and other works, upon any lands acquired by the Board of Commissioners of the said Port of New Orleans for the pur- pose of constructing the said navigation canal and any locks, slips, lat- erals, basins and appurtenances thereof, and the location of any levees along the said canal or its appurtenances, shall be fixed and determined by the said Board of Levee Commissioners of the Orleans Levee District, with the approval of and ratification of the Commissioners of said Port of New Orleans. The said Board of Levee Commissioners of the Orleans Levee Dis- trict shall have full power, control and supervision for levee purposes of any levees, constructed along the said canal, but shall exercise such super- vision and control in such manner so as not to unnecessarily interfere with the use of said canal, locks, slips, laterals, basins and appurtenances for the purposes of navigation, commerce and transportation. 7. The Board of Commissioners of said Port shall, subject to the super- vision and control of the said Board of Levee Commissioners of the said levees and levee works, have full power to use the said levees for the main- tenance and operation of said canal, to erect thereon such wharves, buildings and improvements as may be required for the purpose of commerce and navigation, and to authorize the location and erection or consent to the location and erection of the tracks, turnouts, sidings, switches, spurs, cross- overs, etc., of the Public Belt Railroad of the City of New Orleans and other necessary structures and buildings incident to said railroad, on, along and upon the said levees and levee works, under such terms and conditions as may be agreed upon by the City of New Orleans and the Board of Commissioners of said Port, conditionally that it is understood, stipulated and agreed and made part of this contract that no structures, tracks, buildings or obstructions shall be placed upon the berme or temporary levees herein at present permitted to be constructed and built along said navigation canal between the Mississippi River and the locks at or near St. Claude Street. 8. The said levee works when constructed shall be maintained, repaired and cleaned at the expense of the Board of Commissioners of the Port of New Orleans and under the supervision and direction of the Board of Levee Commissioners of the Orleans Levee District. Further, the Board of Com- 847 Vol. IV New Orl wº §:...” Legal Materials : missioners of the Port of New Orleans obligates themselves, conditions being stipulated under Section 3 of this contract, for any and all additional levees required by further developments, improvements, and changes of locations of any and all levees. 9. This agreement may be mutually amended or modified by the parties hereto, provided however that no amendment or modification shall affect or impair the rights or claims of any bond-holder having any claim or charge upon the payments to accrue to the said Board of Commissioners of the Port of New Orleans, under this agreement. Subject always to the rights of such bondholders, it is agreed that when and as the net revenues of said canal and canal works, after the payment of operating expenses and maintenance shall from year to year as the same shall be on hand and available for the payment of the interests accruing within one year next ensuing and for the payment of the principal of any bonds maturing and becoming payable within one year next ensuing, be so applied and expended that for such year the annual payment to be made hereunder shall be correspondingly reduced,— The intent and meaning hereof being that inasmuch as such net revenues are received from the entire canal works and improvements including any leases 15 of any lands subject to levy easements and servitudes, the said revenues 16 shall be applied for the payment of said works as entirety and the Board of 17 Levee Commissioners of the Orleans Levee District relieved pro-tanto from 18 its obligations hereunder. 1 10. For the purpose of identifying the said plans and specifications hereto- 2 fore prepared and all resolutions and authorizations in connection therewith 3 as referred to in this contract, the same shall be dated the date hereof marked 4 with the letters A to N inclusive, and initialed by the Presidents of the 5 Board of Commissioners of the Port of New Orleans and Orleans Levee Board, 6 or either of them. 7 Thus executed, signed and dated in duplicate at New Orleans, Louisiana this 8 29 day of June 1918. Attest: BOARD OF LEVEE COMMHSSIONERS FOR THE ORLEANS LEVEE DISTRICT EUGENE J. LeBOEUF, Secretary Wm. McL. FAYSSOUX, President Attest: BOARD OF COMMISSIONERS OF S. J. KELLY, THE PORT OF NEW ORLEANS Secretary BY W. B. THOMPSON, President STATE OF LOUISIANA PARISH OF ORLEANS CITY OF NEW ORLEANS BE IT RNOWN, that on this 29th day of June, in the year of our Lord, One Thousand Nine Hundred and Eighteen, before me, ARTHUR JOHN PETERS, a Notary Public, in and for said Parish and State, duly commissioned and qualified, personally appeared: 1st:—WILLIAM McL. FAYSSOUX, ESQ., President of, and herein repre- senting, the Board of Levee Commissioners of the Orleans Levee District. 2nd:—WILLIAM B. THOMPSON, ESQ., President of, and herein represent- ing, the Board of Commissioners of the Port of New Orleans. Which said appearers, acting as aforesaid, severally signed and delivered the foregoing contract in my presence and in the presence of the two subscribing witnesses thereto, and severally declared and acknowledged that they executed the same in their respective capacities, for the uses, purposes and considerations therein mentioned, the said William McL. Fayssoux, Esq., as president of the Board of Levee Commissioners of the Orleans Levee District, with full power 848 Vol. IV º New Orleans Miscellaneous tº Contracts and authority to act; and the said William B. Thompson, Esq., as President of the Board of Commissioners of the Port of New Orleans, with full power and authority to act. WITNESS my hand and seal of office, at New Orleans, La., the day, month and year aforesaid. A. J. PETERS Notary Public CONTRACT OF AUGUST 16, 1918 BETWEEN BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS And CITY OF NEW ORLEANS (PUBLIC BELT RAILROAD COMMISSION) United States of America, State of Louisiana, Parish of Orleans, City of New Orleans, BE IT KNOWN, that on this 16th day of the month of August 1918 in the year of our Lord, One Thousand, Nine Hundred and Eighteen, and of the Independence of the United States of America, the One Hundred and Forty- Second: Before me, ROBERT LEGIER, Jr., a Notary Public in and for the Parish of Orleans and State of Louisiana, duly commissioned, sworn and qualified, Official Notary of the City of New Orleans, and in the presence of the witnesses hereinafter named and undersigned: Personally came and appeared: FIRST: Honorable Martin Behrman, of this City, herein appearing and acting in his official capacity as Mayor of the City of New Orleans, hereunto duly authorized and empowered under and by virtue of Ordinance No. 5156 Commission Council Series, adopted on the Ninth day of July, 1918, a duly certified copy whereof is hereto annexed for reference and proof; and is made a part and parcel of this contract as if specifically written herein. SECOND: Honorable William B. Thompson, also of this City herein appear- ing and acting in his official capacity of President of the Board of Commissioners of the Port of New Orleans, hereunto duly authorized by an Ordinance and resolution of said Board of Commissioners, adopted on the 29th day of June, 1918, a duly certified copy whereof is likewise hereto annexed and made part hereof for referenece and proof. Which said appearers declared unto me, Notary, that: WHEREAS, by joint resolution of the General Assembly of the State of Loui- siana, approved July 9th, 1914, adopted as an amendment to the Constitution, at an election held on the first Tuesday after the first Monday in November, 1914, the Board of Commissioners of the Port of New Orleans is fully authorized to dig, build, erect and operate, or acquire and operate, a Navigation Canal in the City of New Orleans, together with the necessary locks, slips, laterals, basins and appurtenances thereof, and other works necessary therefor, to connect Lake Pontchartrain and the Mississippi River in aid of commerce, and said right has been recognized, declared and affirmed by the provisions of Act 3, of the General Assembly of Louisiana of 1918; and WHEREAS, the location of said Canal has been fixed and determined by the Commission Council of the City of New Orleans, as provided by said Act 244 of 1914, plans and specifications for the construction of said canal have been prepared, lands have been acquired by the said Board of Commissioners of the Port of New Orleans for the purpose of constructing said Canal, and said work of construction has, for some time past, been actively prosecuted over the entire area comprised within the limits of said Canal location; and 849 Vol. IV New Orleans • º Contracts Legal Materials ; 1 WHEREAS, it is necessary that the City of New Orleans acquire by lease and by exchange of rights, rights of way and servitudes from the Board of Commissioners of the said Port, lands and rights in lands, on and along the said Canal, for the location and erection of tracks, sidings, switches, spurs, cross- overs, etc., of the Public Belt Railroad of the City of New Orleans, and for other necessary structures and buildings incident to said railroad; and WHEREAS, the Mayor of the City of New Orleans is authorized and em- powered, pursuant to the provisions of said Ordinance No. 5156 Commission Council Series, aforesaid to enter into a notarial contract before the undersigned Notary, with the Board of Commissioners of the Port of New Orleans, for the acquisition by lease and by the exchange of rights, rights of way and servi- tudes, of lands necessary for the location and construction, by said Public Belt Railroad, of the tracks, sidings, switches, spurs, cross-overs, roundhouses, etc., of the Public Belt Railroad of the City of New Orleans, and for other necessary structures and buildings incident to said railroad on, along, and upon the said Canal, and for said purpose to acquire by lease and by exchange from the Board of Commissioners of the Port of New Orleans, rights, rights of way, and servitudes in and upon the lands and premises hereinafter described; NOW THEREFORE, the Board of Commissioners of the Port of New Orleans hereby leases to the City of New Orleans, for the use, benefit and advantage of the Public Belt Railroad of the City of New Orleans: (a) A certain tract or parcel of land, situated in the Third Municipal District of the City of New Orleans, on the west bank of the navigation canal, bounded on the west by the westerly line of the location of the navigation canal as fixed by Ordinance No. 5098 Commission Council Series, and extending from the northerly line of Claiborne street as extended to the southerly line of Miro Street as extended, and having a width of two hundred and sixty-three (263) feet, more or less, and an approximate length of twenty-four hundred (2400) feet, and designated by the letter “A” on a plan or map prepared by the Board of Commissioners of the Port of New Orleans, bearing the date June 14, 1918, and the number M-4000, hereto annexed and made part of this ordinance. (b) A right of way approximately twenty-five (25) feet in width from the river front to Florida Walk and thirty-three (33) feet thence and beyond, for the construction of a double track railroad on each side of the navigation canal location as fixed and designated by Ordinance No. 5098 Commission Council Series, approved May 21, 1918, and extending from the Mississippi River to Lake Pontchartrain, said right of way to be laid out along the easterly and westerly sides of the said canal location as described in said ordinance; together with the right to construct cross-over tracks con- necting the easterly and westerly lines of railroad to be constructed along said canal location, such crossings to be upon and over bridges to be con- structed by the Board of Commissioners of the Port of New Orleans at St. Claude Avenue and Florida Walk respectively. It is stipulated and agreed by and between the parties to this instrument of lease and exchange FIRST: That the location of the said tract of land described in the first place, which is intended to be used for the purposes of a classification yard and for the construction of round-houses, may be changed to any other site upon the said Canal location, or to any other site, upon any lands adjacent thereto, which may be acquired by the said Board of Commissioners of the Port of New Orleans, which may be agreed upon by the Board of Commis- sioners of the Port of New Orleans and the Public Belt Railroad Commission of the City of New Orleans, provided always that such substituted area shall be at least equal in area to the site hereby leased, and sufficient to locate the yards required and space for round-houses and other required buildings. SECOND: The right of way for a double track railroad hereby demised may, by agreement of the parties hereto, be changed, altered, or relocated within the limits of said Canal location as fixed by Ordinance No. 5098 Com- mission Council Series. 850 Vol. IV ſº New Orleans Miscellaneous Contracts i 10 12 13 14 15 16 17 19 20 21 22 1 } THIRD: The lease hereby granted shall be for the term of ninety-nine years, the rental to be the sum of fifty thousand dollars per annum, pay- able annually on the first day of February in each year out of the funds of the Public Belt Railroad of the City of New Orleans; said rental shall be payable in advance by the Public Belt Railroad to the Board of Commissioners of the Port of New Orleans, at their office in the City of New Orleans, or to such person or persons as may have been designated by the said Board of Commissioners of said Port in any mortgage or mortgages, bond or bonds, executed by said Board under the authority conferred by said Act 244 of 1914, for the purpose of raising funds for the acquisition of lands and the construc- tion of the necessary canal works. FOURTH: The rights, rights of way and servitudes acquired by the said Public Belt Railroad from the Board of Commissioners of the Port of New Orleans, in exchange for those surrendered by the City of New Orleans for the Public Belt Railroad shall be in perpetuity. FIFTH: It has been stipulated in the Act of Mortgage of June 29th, 1918, from the Board of Commissioners of the Port of New Orleans, to the Hibernia Bank and Trust Company, Trustee, that such mortgage is subject to the lease and exchange herein provided for and to the rights of the said City of New Orleans and Belt Railroad Commission thereof; and, inasmuch as the Public Belt Railroad Commission of the City of New Orleans has rights of way, servitudes and rights of occupancy on the river front leading to and through the Ursuline Nuns' tract and on Convent Avenue, in perpetuity, and as the Board of Commissioners of the Port of New Orleans desired to make transfer to the Public Belt Railroad Commission of the City of New Orleans of other locations on the said Canal site for the Public Belt System, so as to release the Ursuline Nun’s property from the encumbrances formerly existing in favor of said Public Belt Railroad such transfers by way of exchange are now made and recognized. In all cases where rights of occupancy, servitudes and rights of way have been or may hereafter be granted, by way of substitution for existing rights in perpetuity, to the Public Belt Rail- road Commission of the City of New Orleans for its structures, main tracks, sidings, and appurtenances, upon the property of the Board of Commissioners of the Port of New Orleans, such substituted rights of occupancy, servitudes and rights of way shall also be in perpetuity and shall not be affected by any voluntary sale or transfer by the Board of Commissioners of the Port of New Orleans, nor by any mortgage granted or which may hereafter be executed by said Board of Commissioners. SIXTH: In consideration of the premises the exclusive right to do all the switching and like service to, from, and for the leasees and occupants of the properties of the Board of Commissioners of the Port of New Orleans, adjacent to and in connection with said Canal and its appurtenances, shall be exercised by the Public Belt Railroad Commission of the City of New Orleans through and by the Public Belt Railroad System of New Orleans. SEVENTH: The right is reserved mutually to alter, modify, cancel, or rescind this lease, provided always the rights of any canal bond holders of the Board of Commissioners of the Port of New Orleans, whose securities may be charged upon the said rental shall not in any manner be prejudicially affected or impaired. EIGHTH: Subject always to the rights of said Canal bond holders, it is agreed and understood that when and as the net revenues of said canal and canal works, after the payment of operating expenses and maintenance, shall, from year to year as the same shall be on hand and available, be sufficient for the payment of the interest accruing within one year next ensuing, and for the payment of the principal of any bonds maturing and becoming payable within one year next ensuing, said net revenues shall be so applied and expended that for such year the annual rental payable hereunder shall be correspondingly reduced; provided, however, that the rental of the said lands and premises hereby demised shall never be reduced to a sum less than one hundred dollars per annum. 851 Vol. IV New Orleans Contracts Legal Materials Thus done and passed, at my office, in the City of New Orleans, Parish of Orleans, and State of Louisiana, on the day, month and year herein first above written, in the presence of Dr. E. S. Kelly and Theodore A. Beck competent witnesses, who hereunto sign their names with the said appearers, and me, Notary Public, and after due reading of the whole. Witnesses: T. A. BECK MARTIN BEHRMAN E. S. KELLY Mayor, City of New Orleans. Approved: BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS B. C. McCLOSKEY Attorney By: W. B. THOMPSON President ARTHUR. McGUIRE Special Counsel ROBERT LEGIER, JR. Notary Public BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS CoNTRACT witH BoARD OF LEVEE COMMISSIONERS OF THE ORLEANs LEVEE DISTRICT UNDER DATE OF FEBRUARY 26, 1919 ENTERED INTO TO CARRY INTO EFFECT ACT No. 3 OF 1918 (Ratified By Article VI, Section 16 of the Constitution of Louisiana of 1921) UNITED STATES OF AMERICA STATE OF LOUISIANA PARISH OF ORLEANS-CITY OF NEW ORLEANS BE IT KNOWN, That on this TWENTY-NINTH day of the month of DECEMBER in the year of our Lord, one thousand, nine hundred and nineteen and of the Independence of the United States of America, the one hundred and forty-fourth. BEFORE ME, ARTHUR JOHN PETERS, a Notary Public, duly commissioned and qualified, in and for the City of New Orleans, Parish of Orleans and State of Louisiana, domiciled in the said City, Parish and State, and in the presence of the witnesses hereinafter named and undersigned: PERSONALLY CAME AND APPEARED: MR. WILLIAM O. HUDSON, President of the Board of Commissioners of the Port of New Orleans, acting in his capacity as President, who handed to me, Notary Public, a certain instrument of writing being a supplemental and amended building contract between the Board of Levee Commissioners of the Orleans Levee District represented by Thomas Killeen, President pro tempore of said Board and the Board of Commissioners of the Port of New Orleans represented by William B. Thompson, former President of said Board wherein the Board of Levee Commissioners of the Orleans Levee District under the stipulations and conditions contained in said supplemental and amended contract agreed to furnish an additional sum of Three Hundred Thousand ($300,000.00) Dollars, a year for the term of fifty (50) years in annual instalments payable respectively on February 1st, 1920, and every twelve months thereafter; said payments to be made for the purposes stated in said amended and supple- mental contract; said contract having been executed under private signature on February 26, 1919, and acknowledged before me, Arthur John Peters, Notary Public, on the same date and which contract is registered in Conveyance Office Book 314, Folio 271, and recorded in the Mortgage Office Book 1223, Folio 353 of this Parish and State, with the request that I, said Notary Public, shall deposit same in my current Notarial Register there to remain and serve as occasion shall or may require. 852 Vol. IV º Mew Orleans Miscellaneous Contracts 21 In compliance with which request, I, said Notary Public, have hereunto 22 annexed said amended and supplemental contract between the said Board of 23 Levee Commissioners of the Orleans Levee District and the said Board of 24 Commissioners of the Port of New Orleans after paraphing same, “Ne Warietur”, 25 for identification herewith. THUS DONE AND PASSED in my office at the City of New Orleans, on the day, month and year herein first above written in the presence of TILEY S. McCHESNEY and MIRIAM COHN competent witnesses who hereunto sign their names with the said appearers and me, Notary Public, after reading of the whole. (Witnesses) (Original Signed) TILEY S. McCHESNEY BOARD OF COMMISSIONERS OF M. COHN - THE PORT OF NEW ORLEANS By: W. O. HUDSON President. A. J. PETERS Notary Public (Approved) ARTHUR. McGUIRK Special Counsel SUPPLETHENTAL & AMENDED BUILDING CONTRACT Between BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT and BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS This supplemental and amended contract made and executed this 26th day of February 1919, by and between the Board of Levee Commissioners of the Orleans Levee District, as party of the first part, and the Board of Com- missioners of the Port of New Orleans, as party of the second part. WITNESSETH: Whereas, by joint resolution of the General Assembly of this State approved July 9, 1914, known as Act No. 244 of 1914, and subsequently adopted as an amendment to the Constitution, the Board of Commissioners of the Port of New Orleans is authorized to dig, build, erect and operate, or acquire and operate a navigation canal in the City of New Orleans, together with the necessary locks, slips, laterals, basins and appurtenances thereof, and other works necessary therefor, to connect Lake Pontchartrain and the Mississippi River, in aid of commerce; the location of said canal has been fixed and determined by the Commission Council as provided by the said Act; plans and specifications for the construction of said canal have been prepared; prop- erty for the location of said canal has been acquired, and, the work of construc- tion of said canal has for many months past been begun, and is now actively being carried on with all due diligence; and Whereas under and pursuant to the Constitution of this State and statutes enacted pursuant thereto, including among others Act No. 93 of 1890, as amended, the Board of Levee Commissioners of the Orleans Levee District, is charged with the construction and repair and invested with the control and maintenance of all levees in said Levee District, whether on river, lake, canal or elsewhere, and to that end has full power and authority to put up and erect in connection with its levee system, pumps, flood-gates and other appli- ances as may be necessary, and is by joint resolution of the General Assembly of Louisiana approved July 6, 1916, known as Act No. 203 of 1916, subsequently 853 Vol. IV New Orl e ºn- Legal Materials adopted as an amendment to the Constitution, empowered, among other things, to construct and maintain levees and embankments over and in the bed and on the shores of Lake Pontchartrain, and along the canals connecting therewith, and in such other places in the Parish of Orleans and the adjacent Parishes as the Board may determine; and Whereas, by a contract under date of June 29, 1919, by and with the Board of Commissioners of the Port of New Orleans, hereinafter referred to, re-affirmed and amended, said Board of Levee Commissioners of the Orleans Levee District did undertake the duties contemplated by the legislation aforesaid to be under- taken by said Levee Board; and Whereas, the said Board of Levee Commissioners deemed and deems it necessary for the protection of the Parish of Orleans against inundation by overflow that levees, flood-gates and other appliances shall be constructed on and along the line of said canal, and in the performance of its public duties desired and desires to proceed with the construction of said levees, flood-gates and other appliances, when and as the said canal shall be and is being constructed, and it is to the public interest that such construction of the said levees, flood- gates and other appliances shall continue to be undertaken and performed under the supervision and direction of the said Board of Levee Commissioners by the said Board of Commissioners of the Port of New Orleans or its contractors or agents, as or when the said canal is in course of construction, but as the construction of said levees, flood-gates and other appliances substantially increased the cost of the work proposed to be undertaken by the said Board of Commissioners of the Port of New Orleans in and about the construction of the said canal, the Board of Commissioners of said Port did not desire to undertake the construction of the same unless the expense thereof should be borne and assumed by the said Board of Levee Commissioners; and the expense of said levees, flood-gates and other appliances was, by the said contract of June 29, 1918, assumed and agreed to be borne by the said Board of Levee Commissioners of the Orleans Levee District; and Whereas, by Act No. 3 of 1918, entitled an Act to promote the development of the port system of the Port of New Orleans, and the Construction, Mainte- nance and Operation of the Navigation Canal under Act No. 244 of 1914, adopted as a Constitutional Amendment; to provide for the co-operation of the Board of Commissioners of the Port of New Orleans, the Board of Levee Commissioners of the Orleans Levee District, the City of New Orleans, the Public Belt Railroad thereof, and other corporations, in the construction of works rendered necessary by said canal and other improvements and works of said Port, and to authorize said bodies to contract with reference thereto, authority was, and is, conferred upon the said Board of Levee Commissioners and the Board of Commissioners of said Port to enter into, from time to time during the course of the construction of said Canal, levees, flood-gates and other works and appliances, contracts and agreements in relation to the con- struction of the said levees; and, said authority has been, and is being, availed of and exercised both under the contract of June 29, 1918, aforesaid, and by the present instrument in writing; Whereas, under the original contract between the Board of Commissioners of the Port of New Orleans, hereinafter called the Port Commission, the Board of Levee Commissioners of the Orleans Levee District, hereinafter called the Orleans Levee Board, as authorized by Act No. 3 of the legislature of 1918, empowering the said Boards to contract from time to time with respect to the construction of the said Navigation Canal, therein named, locks, slips, laterals, basins and other appurtenances, and with reference to the construction of any works required or authorized by law to be constructed by the said Orleans Levee Board, the aforesaid Boards, did, under a contract of date June 29th, 1918, undertake the duties contemplated by the legislation aforesaid, under plans and specifications made a part of said contract, by and in which a canal was provided for with locks into the river having a maximum depth to permit the entry into and egress from and navigation within said canal for vessels or barges of a draft not exceeding twenty-five feet; and 854 Voi. IV ſº New Orleans Miscellaneous Contracts 1 1 Whereas, after an exhaustive consideration of the subject by the best engineer- ing authorities and by both the contracting Boards and with the advice and approval of the State and City Authorities and the various exchanges of this city and the general public, it was later deemed necessary to enlarge the volume and scope of said great work in anticipation of the great and growing needs of the commerce of this city, and to change the plans of said Navigation Canal, locks, approaches, basins, slips, laterals, etc., so as to permit the entry into, egress from and navigation therein of large ocean going steamers of a draft of 30 feet and a correspondingly greater width in said canal, locks, slips, laterals, basins and appurtenances; and Whereas, the increase in the magnitude of said undertaking and the largely increased cost of labor and material (which increase occurred subsequent to the making of the original estimates) have more than doubled the original estimated cost thereof; and Whereas, the said Act No. 3 of the General Assembly of the State of Loui- siana 1918, has made it the duty of the said Orleans Levee Board by contract to fully and adequately reimburse the said Port Commission for the cost or compensation of said works, to-wit: The levees, locks, flood-gates and other similar works and appliances to protect the city from the flood waters of both the river and lake and to that end to levy, appropriate and dedicate from year to year such taxes within the limits prescribed by Article 239 of the Con- stitution of this State as shall be necessary to pay the said cost or compensation; Now, therefore, in consideration of the premises, it is contracted, stipulated and agreed by and between the parties as follows: 1. The property within the boundaries of the location fixed and determined by the Commission Council of the City of New Orleans and more fully described in a map or plan thereof annexed to the contract of June 29, 1918, made a part thereof, marked “Exhibit A”, was by said presents taken, dedicated, set aside and appropriated for canal and levee purposes, and said taking is hereby ratified and confirmed. 2. The plans and specifications heretofore prepared and all resolutions and authorizations in connection therewith for the construction of the said naviga- tion canal, together with the necessary locks, slips, laterals, basins and appurte- nances thereof, and other necessary works therefor, and for the construction of any and all levees along the same, were made a part of the original contract and agreement; and all things done and performed by the parties hereto in pursuance of said contract of June 29, 1918, are hereby ratified and confirmed and the said contract of June 29th, 1918, is—-modified, amended and re-enacted so as hereafter to provide as follows: 3. The Board of Commissioners of the Port of New Orleans contem- poraneously with and as the said canal, locks, slips, basins, laterals and ap- purtenances are constructed, shall continue to proceed with the construction of the permanent or temporary levees along the same as shown upon the said plans, upon the terms and conditions hereinafter set forth; the said works shall be in all respects performed and done as originally agreed by the Board of Commissioners of the said Port of New Orleans or by its contractors or agents in good and workmanlike manner, under the supervision and to the pºon of the said Board of Levee Commissioners of the Orleans Levee istrict. 4. The Board of Commissioners of the Port of New Orleans shall, as pro- vided in said original contract of June 29, 1918, when the Board of Levee Commissioners of the Orleans Levee District deems it necessary, and upon written notice from the said Board of Levee Commissioners of the Orleans Levee District, construct all levees along the said canal, locks, slips, laterals, basins and appurtenances thereof, to such standard of section and grade as fixed or prescribed by the Board of Levee Commissioners of the Orleans Levee District, so as to give adequate and uniform protection to the City of New Orleans. Further, that all costs and expenses, including land and property, for the construction of any and all levees to standard section and grade as deter- 855 Vol. IV New Orleans Contracts Legal Materials 11 mined and prescribed by the Board of Levee Commissioners of the Orleans 12 Levee District, shall be borne by the Board of Commissioners of the Port of 13 New Orleans. 14 Should the Board of Commissioners of the Port of New Orleans fail or 15 refuse to enlarge or construct any and all levees to the standard of grade and 16 section, as fixed or prescribed by the Board of Levee Commissioners of the 17 Orleans Levee District, then the Board of Levee Commissioners of the Orleans 18 Levee District shall have as originally provided and is hereby given the right 19 and power to enlarge and construct any and all levees to the standard of 20 section and grade as fixed or prescribed by the said Board of Levee Commis- 21 sidners of the Orleans Levee District, at the cost and expense of the said 22 Board of Commissioners of the Port of New Orleans, including all necessary 23 land and property therefor, for which said Board of Commissioners of the 24 Port of New Orleans binds and has bound itself unto the Board of Levee Com- 25 missioners of the Orleans Levee District, and the amount so expended shall, 26 after sufficient provision has been made for all interest and annual sinking 27 fund payments and any bonds of the Board of Commissioners of the Port of 28 New Orleans, of the present issue of 1919, maturing during the current year 29 shall have been fully provided for, be paid by the said Board of Commissioners 30 of the Port of New Orleans, to the said Board of Commissioners of the Orleans 31 Levee District, and shall be a lien or charge on the net revenues of the said 32 canal and works and improvements of the said Board of Commissioners of the 33 Port of New Orleans, after making provision for the maturing interest, sinking 34 fund and maturing bonds. 1 5. For the additional cost and expense of any and all levees, and for the 2 maintenance and upkeep thereof during the life of this contract and to pay 3 for the work to be performed by the Board of Commissioners of the port of 4 New Orleans, the said Board of Levee Commissioners of the Orleans Levee 5 District hereby agrees to pay to the said Board of Commissioners of the Port 6 of New Orleans, the . . . . . . . . additional sum of Three Hundred Thousand 7 ($300,000.00) Dollars per year, for the term of fifty (50) years, in annual 8 instalments, payable respectively on the first day of February 1920 and every 9 twelve months thereafter during the said term, and the said Board of Levee 10 Commissioners of the Orleans Levee District as authorized by the said Act 11 No. 3 of 1918, approved May 31st, 1918, hereby levies, dedicates and appro- 12 priates a sufficient tax within the limits prescribed by Article 239 of the Con- 13 stitution, to pay the said cost or compensation in annual instalments as here- 14 inbefore provided. The said payment shall be made at the office of the Board 15 of Commissioners of the Port of New Orleans or to the Trustee or fiduciary 16 named in any mortgage made by the Board of Commissioners of said Port 17 of New Orleans of said canal, locks, and other improvements, under the 18 authority conferred upon them by said Act No. 244 of 1914. : 6. In consideration of the premises, the Board of Levee Commissioners of the Orleans Levee District is hereby and as originally provided, granted an easement or privilege to maintain levees, flood-gates and other works, upon any lands acquired by the Board of Commissioners of the said Port of New Orleans for the purpose of constructing the said navigation canal and any locks, slips, laterals, basins and appurtenances thereof, and the location of any levees along the said canal or its appurtenances, shall be fixed and determined by the said Board of Levee Commissioners of the Orleans Levee District, with the approval of and ratification of the Commissioners of said Port of New Orleans, as in said contract—of June 29, 1918, set forth. The said Board of Levee Commissioners of the Orleans Levee District shall have full power, control and supervision for levee purposes of any levees, con- structed along the said Canal, but shall evercise such supervision and control in such manner so as not to unnecessarily interfere with the use of said canal, locks, slips, laterals, basins and appurtenances for purposes of naviga- tion, commerce and transportation. 7. The Board of Commissioners of said Port subject to the supervision and control of the said Board of Levee Commissioners of the said levees and levee works, has and has had as provided in said contract of June 29, 1918, full power to use the said levees for the maintenance and operation of said 856 Vol. IV º New Orleans Miscellaneous Contracts 5 canal, to erect thereon such wharves, buildings and improvements as may be 6 required for the purpose of commerce and navigation, and to authorize (as 7 said Board of Commissioners of the Port of New Orleans has authorized and 8 consented) the location and erection or consent to the location and erection 9 of the tracks, turnouts, sidings, switches, spurs, cross-overs, etc., of the Pub- 10 lic Belt Railroad of the City New Orleans and other necessary structures 11 and buildings incident to said railroad, on, along and upon the said levees 12 and levee works, under such terms and conditions as have been, or may be 13 agreed upon by the City of New Orleans and the Board of Commissioners of said 14 Port, conditionally that it was and is understood, stipulated and agreed and 15 made part of said contract of June 29, 1918, and of this contract that no 16 structures, tracks, buildings or obstructions shall be placed upon the berme 17 or temporary levees permitted to be constructed and built along said naviga- 18 tion canal between the Mississippi River and the locks at or near St. Claude 19 Street, as provided in said original contract of June 29, 1918. 1 8. The said levee works when constructed shall be maintained, repaired and cleaned at the expense of the Board of Commissioners of the Port of New Orleans under the supervision and direction of the Board of Levee Commis- sioners of the Orleans Levee District. Further, the Board of Commissioners of the Port of New Orleans obligates themselves, conditions being stipulated under Section 3 of this contract for any and all additional levees required by further developments, improvements and changes of location of any and all levees. 9. This agreement, as in the case of said agreement of June 29, 1918, may be mutually amended or modified by the parties hereto, provided however, that no amendment or modification shall affect or impair the rights or claims of any bond-holders having any claim or charge upon the payments to accrue to the said Board of Commissioners of the Port of New Orleans, under this agree- ment or said original agreement. Subject always to the rights of such bond- holders, it is agreed that when and as the net revenues of said canal and canal works, ofter the payment of operating expenses and maintenance shall from year to year as the same shall be on hand and available for the payment of the interest accruing within one year next ensuing and for the payment of the principal of any bonds maturing and becoming payable within one year next ensuing, be so applied and expended that for such year the annual payment to be made hereunder shall be correspondingly reduced. The intent and mean- ing hereof being that inasmuch as such net revenues are received from the entire canal works and improvements including any leases of any lands subject to levee easements and servitudes, the said revenues shall be applied for the payment of said works as an entirety and the Board of Levee Commissioners of the Orleans Levee District relieved pro-tanto from its obligations hereunder and under said original contract. THUS EXECUTED, SIGNED AND DATED in duplicate at New Orleans, Louisiana, this 26th day of February 1919. (Original Signed) JAMES WILKINSON BOARD OF LEVEE COMMISSIONERS Atty. for above principals FOR THE ORLEANS LEVEE DISTRICT THOMAS KILLEEN President pro tem BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS ARTHUR. McGUIRK Special Counsel BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS ATTEST: W. B. THOMPSON EUGENE. J. Le BOEUF President Secretary ATTEST: TILEY S. McCHESNEY Ass’t. Secretary 857 Vol. IV New Orleans & Contracts Legal Materials STATE OF LOUISIANA PARISH OF ORLEANS — CITY OF NEW ORLEANS BE IT KNOWN, That on this Twenty-sixth day of February in the year of our Lord, one thousand, nine hundred and nineteen, before me, ARTHUR JOHN PETERS, a Notary Public, in and for said Parish and State, duly com- missioned and qualified, personally appeared: 1st:-WILLIAM B. THOMPSON, ESQ., President of, and herein representing the Board of Commissioners of the Port of New Orleans, La. 2nd:—THOMAS KILLEEN, ESQ., President pro tempore of, and herein representing the Board of Levee Commissioners of the Orleans Levee District, New Orleans, La. Which said appearers, acting aforesaid, severally signed and delivered the fore- going supplemental and amended building contract between the Board of Levee Commissioners of the Orleans Levee District and the Board of Commssioners of the Port of New Orleans, in my presence and in the presence of the two sub- scribing witnesses thereto, and severally declared and acknowledged that they executed the same in their respective capacities for the uses, purposes, and con- sideration therein mentioned; the said William B. Thompson, Esq., as President of said Board of Commissioners of the Port of New Orleans, La., with full power and authority to act; and the said Thomas Killeen, Esq., as President pro tempore of the Board of Levee Commissioners of the Orleans Levee District, New Orleans, La., with full power and authority to act. WITNESS MY HAND AND SEAL of office at New Orleans, La., the day, inonth, year aforesaid. (Signed) A. J. PETERS, Notary Public. Recorded in the Mortgage Office Book No. 1233, Folio No. 353. New Orleans, La., December 4, 1919. (Signed) EMILE J. LEONARD Dy. R Registered in Conveyance Office Book 314, Folio 271. New Orleans 12/2/19. (Signed) E. P. BRANDAO, R. C. per “J” “Ne Varietur” to identify with an act of deposit passed before me this day. New Orleans, La., December 29th, 1919. (Signed) A. J. PETERS Notary Public I hereby certify that the above and foregoing is a true and correct copy of the original act of deposit of the supplemental and amended building contract between the Board of Levee Commissioners of the Orleans Levee District and the Board of Commissioners of the Port of New Orleans, passed before me on December 29th, 1919, and also of said contract executed under private signature on February 26th, 1919, annexed thereto and made part thereof and paraphed “Ne Varietur” by me, Notary Public, on December 29th, 1919, to identify with said act of deposit. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the impress of my official seal at New Orleans, Louisiana, on this 31st day of December, 1919. (Signed) A. J. PETERS Notary Public. Per “A H” “Ne Varietur” to identify with an act of deposit passed before me this day. New Orleans, La., December 29th, 1919. (Signed) A. J. PETERS Notary Public 858 Vol. IV tº New Orleans Miscellaneous Contracts I hereby certify that the above and foregoing is a true and correct copy of the original act of deposit of the supplemental and amended building contract between the Board of Levee Commissioners of the Orleans Levee District and the Board of Commissioners of the Port of New Orleans, passed before me on December 29th, 1919, and also of said contract executed under private signature on November 14th, 1919, annexed thereto and made part thereof and paraphed “Ne Varietur” by me, Notary Public, on December 29th, 1919, to identify with said act of deposit. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the impress of my official seal at New Orleans, Louisiana, on this 31st day of December, 1919. (Signed) A. J. PETERS Notary Public. CONTRACT WITH BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT UNDER DATE OF NOVEMBER 14, 1919 ENTERED INTO TO CARRY INTO EFFECT ACT No. 3 OF 1918 (Ratified By Article VI, Section 16 of the Constitution of Louisiana of 1921) UNITED STATES OF AMERICA STATE OF LOUISIANA PARISH OF ORLEANS CITY OF NEW ORLEANS BE IT KNOWN, That on this TWENTY-NINTH day of the month of DECEMBER in the year of our Lord, one thousand, nine hundred and nineteen, and of the Independence of the United States of America, the one hundred and forty-fourth. BEFORE ME, ARTHUR JOHN PETERS a Notary Public, duly commissioned and qualified, in and for the City of New Orleans, Parish of Orleans and State of Louisiana, domiciliated in the said City, Parish and State, and in the presence of the witnesses hereinafter named and undersigned: PERSONALLY CAME AND APPEARED : MR. WILLIAM. O. HUDSON, President of the Board of Commissioners of the Port of New Orleans, acting in his capacity as President who handed to me, Notary Public, a certain instrument of writing being a second supple- mental and amended building contract between the Board of Levee Com- missioners of the Orleans Levee District represented by Thomas Killeen, Presi- dent of said Board of Levee Commissioners of the Orleans Levee District, and the Board of Commissioners of the Port of New Orleans represented by William O. Hudson, President of said Board, wherein the Board of Levee Commissioners of the Orleans Levee District under the stipulations and conditions contained in said second supplemental and amended contract agreed to furnish an addi- tional sum of Three Hundred Seventy-five thousand ($375,000.00) Dollars a year for the term of fifty years in annual instalments payable respectively on February 1st, 1921 and every twelve months thereafter; said payments to be made for the purposes stated in said second supplemental and amended con- tracts; said contract having been executed under private signature on November 14th, 1919, and acknowledged before me, Arthur John Peters, Notary Public, on the same date and which contract is registered in the Conveyance Office in Book 317, Folio 266 and recorded in Mortgage Office Book 1233, Folio 360, of this Parish and State, with the request that I, said Notary Public, shall deposit same in my current Notarial Register there to remain and serve as occasion shall or may require. In compliance with which request, I, said Notary Public, have hereunto annexed said amended and supplemental contract between the Board of Levee Commissioners of the Orleans Levee District and the Board of Commissioners of the Port of New Orleans, after paraphing same, “Ne Warietur” for identifi- cation herewith. THUS DONE AND PASSED in my office at the City of New Orleans, on the day, month and year herein first above, in the present of TILEY S. 859 Vol. IV New Orleans Contracts Legal Materials McCHESNEY AND MIRIAM COHN,-competent witnesses who hereunto sign their names with the said appearers and me, Notary Public, after reading of the whole. (Witnesses) (Original Signed) TILEY S. McCHESNEY BOARD OF COMMISSIONERS OF M. COHN THE PORT OF NEW ORLEANS (Approved) By W. O. HUDSON ARTHUR. McGUIRK President. Special counsel A. J. PETERS Notary public SECOND SUPPLEMENTAL AND AMENDED BUILDING CONTRACT BETWEEN BOARD OF LEVEE COMMISSIONERS OF THE NEW ORLEANS LEVEE DISTRICT and BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS This second supplemental and amended contract made and executed this 14th day of November, 1919, by and between the Board of Levee Commis- sioners of the Orleans Levee District, as party of the first part, and the Board of Commissioners of the Port of New Orleans, as party of the second part, W IT N E S S E T H : Whereas, by joint resolution of the General Assembly of this State approved July 9, 1914, known as Act No. 244 of 1914, and subsequently adopted as an amendment to the Constitution, the Board of Commissioners of the Port of New Orleans is authorized to dig, build, erect and operate, or acquire and operate a navigation canal in the City of New Orleans, together with the necessary locks, slips, laterals, basins and appurtenances thereof, and other works neces- sary therefor, to connect Lake Pontchartrain and the Mississippi River, in aid of commerce; the location of said canal has been fixed and determined by the Commission Council as provided by the said Act; plans and specifications for the construction of said canal have been prepared; property for the loca- tion of said canal has been acquired, and, the work of construction of said canal has for many months past been begun, and is now actively being carried on with all due diligence; and Whereas, under and pursuant to the Constitution of this State and statutes enacted pursuant thereto, including among others Act No. 93 of 1890, as amended, the Board of Levee Commissioners of the Orleans Levee District, is charged with the construction and repair and invested with the control and maintenance of all levees in said Levee District, whether on river, lake, canal or elsewhere, and to that end has full power and authority to put up and erect in connection with its levee system, pumps, flood-gates and other appli- ances as may be necessary, and is by joint resolution of the General Assembly of Louisiana approved July 6, 1916, known as Act No. 203 of 1916, sub- sequently adopted as an amendment to the Constitution, empowered, among other things, to construct and maintain levees and embankments over and in the bed and on the shores of Lake Pontchartrain, and along the canals connect- ing therewith, and in such other places in the Parish of Orleans and the adjacent Parishes as the Board may determine; and Whereas, by contracts under dates June 29, 1918, and February 26, 1919, by and with the Board of Commissioners of the Port of New Orleans, herein- after referred to, re-affirmed and amended, said Board of Levee Commissioners of the Orleans Levee District did undertake the duties contemplated by the legislation aforesaid to be undertaken by said Levee Board; and Whereas, the said Board of Levee Commissioners deemed and still deems it necessary for the protection of the Parish of Orleans against inundation 860 Vol. IV • New Orleans Miscellaneous Contracts by overflow that levees, flood-gates and other appliances shall be constructed on and along the line of said canal, and in the performance of its public duties desired and still desires to proceed with the construction of said levees, flood-gates and other appliances, and to pay the cost thereof, when and as the said canal shall be and is being constructed, and it is to the public interest that such construction of the said levees, flood-gates and other appliances shall continue to be undertaken and performed under the supervision and direction of the said Board of Levee Commissioners by the said Board of Commissioners of the Port of New Orleans or its contractors or agents, as or when the said canal is in course of construction, but as the construction of said levees, flood-gates and other appliances substantially increased the cost of the work proposed to be undertaken by the said Board of Commissioners of the Port of New Orleans in and about the construction of the said canal, the Board of Commissioners of said Port did not desire to undertake the construction of the same unless the cost and expense thereof should be borne and assumed by the said Board of Levee Commissioners; and the expense of said levees, flood-gates and other appliances was, by the said contracts of June 29, 1918, and February 26, 1919, and is now assumed and agreed to be borne by the said Board of Levee Commissioners of the Orleans Levee District; and Whereas, by Act 3 of 1918, entitled an Act to promote the development of the port system of the Port of New Orleans, and the construction, maintenance and operation of the Navigation Canal under Act No. 244 of 1914, adopted as a Constitutional Amendment; to provide for the cooperation of the Board of Commissioners of the Port of New Orleans, the Board of Levee Commissioners of the Orleans Levee District, the City of New Orleans, the Public Belt Rail- road thereof, and other corporations, in the construction of works rendered necessary by said canal and other improvements and works of said Port, and to authorize said bodies to connect with reference thereto, authority was, and is, conferred upon the said Board of Levee Commissioners and the Board of Com- missioners of said Port to enter into, from time to time during the course of the construction of said canal, levees, flood-gates and other works and appli- ances, contracts and agreements in relation to the construction of the said levees; and, said authority has been, and is being, availed of and exercised both under the contracts of June 29, 1918, and February 26, 1919, aforesaid and by the present instrument of writing; - Whereas, under the original and supplemental contracts aforesaid between the Board of Commissioners of the Port of New Orleans, hereinafter called the Port Commission, the Board of Levee Commissioners of the Orleans Levee District, hereinafter called the Orleans Levee Board, as authorized by Act No. 3, of the legislature of 1918 empowering the said Boards to contract from time to time with respect to the construction of the said Navigation Canal, therein named, locks, slips, laterals, basins and other appurtenances, and with reference to the construction of any works required or authorized by law to be con- structed by the said Orleans Levee Board, the aforesaid Boards did, under a contract of date June 29, 1918, and a supplemental contract of date February 26, 1919, undertake the duties contemplated by the legislation aforesaid, under plans and specifications made a part of said contracts, by and in which a canal was provided for with locks into the river having a maximum depth to permit the entry into and egress from and navigation within said canal for vessels or barges of a draft not exceeding twenty-five feet; and Whereas, after an exhaustive consideration of the subject by the best engineering authorities and by both the contracting boards and with the advice and approval of the State and City Authorities and the various exchanges of this city and the general public, it was later deemed necessary to enlarge the volume and scope of said great work in anticipation of the great and growing needs of the commerce of this City, and to change the plans of said Naviga- tion Canal, locks, approaches, basins, slips, laterals, etc., so as to permit the entry into, egress from and navigation therein of barge ocean-going steamers of a draft of 30 feet and a correspondingly greater width in said canal, locks, slips, laterals, basins and appurtenances; and 861 Vol. IV New Orleans & Contracts Legal Materials } Whereas, the increase in the magnitude of said undertaking and the largely increased cost of labor and material (which increases have occurred subsequent to the making of the original and revised estimates) have more than trebled the original estimated cost thereof; and Whereas, the said Act No. 3 of the General Assembly of the State of Loui- siana of 1918 has made it the duty of the said Orleans Levee Board by con- tract to fully and adequately reimburse the said Port Commission for the cost or compensation of said works; to-wit: The Levees, locks, flood-gates and other similar works and appliances to protect the city from the flood waters of both the river and lake and to that end to levy, appropriate and dedicate from year to year such taxes within the limits prescribed by Article 239 of the constitution of this State as shall be necessary to pay the said cost or com- pensation; and Whereas, by a resolution unanimously adopted October 22, 1919, after full consideration, this Board in the discharge of its legal duty to pay the cost of the construction of the works aforesaid, did express its determination to levy a sufficient and adequate tax for the years 1920 and thereafter to enable the Port Commission to fully and entirely complete the protection works required of this Board, and undertaken by the Port Commission, under the contracts hereinbefore referred to; Whereas, the aforesaid work has since been greatly enlarged and has been made much more difficult, expensive and costly by reason of the excessive prices of labor, material, transportation and all of the troubles and expenses caused by the recent war, and the troubled condition of the country following that war; and Whereas, the former sums provided by this Board have proven insufficient to complete such portion of the work originally contemplated as is required for the protection of this City by this Board; Now, therefore, in consideration of the premises, it is contracted, stipulated and agreed by and between the parties as follows: 1. The property within the boundaries of the location fixed and determined by the Commission Council of the City of New Orleans and more fully described in a map or plan thereof annexed to the contract of June 29, 1918, made a part thereof marked “Exhibit A”, was by said presents taken, dedicated, set aside and appropriated for canal and levee purposes, and said taking is hereby again ratified and confirmed. 2. The plans and specifications heretofore prepared, under the original and supplemental contracts of June 29, 1918, and February 26, 1919, and all resolutions and authorizations in connection therewith for the construction of the said navigation canal, together with the necessary locks, slips, laterals, basins and appurtenances thereof, and other necessary works therefor, and for the construction of any and all levees along the same, were made a part of the original and supplemental contracts and agreements; and all things done and performed by the parties hereto in pursuance of said contracts of June 29, 1918, and of February 26, 1919, are hereby ratified and confirmed, and the said contracts of June 29, 1918, and of February 26, 1919, are modified, amended and re-enacted so as hereafter to provide as follows: 3. The Board of Commissioners of the Port of New Orleans contemporane- ously with and as the said canal, locks, slips, basins, laterals, and appurtenances are constructed, shall continue to proceed with the construction of the perma- nent or temporary levees along the same as shown upon the said plans, upon the terms and conditions hereinafter set forth; the said works shall be in all respects performed and done as originally agreed by the Board of Commissioners of the said Port of New Orleans or by its contractors or agents in good and workmanlike manner, under the supervision and to the satisfaction of the Board of Levee Commissioners of the Orleans Levee District. 4. The Board of Commissioners of the Port of New Orleans shall, as pro- vided in said original and supplemental contracts of June 29, 1918, and February 26, 1919, when the Board of Levee Commissioners of the Orleans Levee District 862 Vol. IV g New Orleans Miscellaneous Contracts deems it necessary, and upon written notice from the said Board of Levee Commissioners of the Orleans Levee District, construct all levees along the said canal, locks, slips, laterals, basins and appurtenances thereof, to such standard of section and grade as fixed or prescribed by the Board of Levee Commissioners of the Orleans Levee District, so as to give adequate and uniform protection to the City of New Orleans. Further, that all costs and expenses, including land and property, for the construction of any and all levees to standard section and grade as determined and prescribed by the Board of Levee Commissioners of the Orleans Levee District, shall be borne by the Board of Commissioners of the Port of New Orleans. Should the Board of Commissioners of the Port of New Orleans fail or refuse to enlarge or construct any and all levees to the standard of grade and section, as fixed or prescribed by the Board of Levee Commissioners of the Orleans Levee District, then the Board of Levee Commissioners of the Orleans Levee District shall have the right and power, as originally provided, and is hereby given the right and power to enlarge and construct any and all levees to the standard of section and grade as fixed or prescribed by the said Board of Levee Commissioners of the Orleans Levee District, at the cost and expense of the said Board of Commissioners of the Port of New Orleans, including all necessary land and property therefor, for which said Board of Commissioners of the Port of New Orleans binds and has bound itself unto the Board of Levee Commissioners of the Orleans Levee District. The amount so expended shall, after sufficient provision has been made for all interest and annual sinking fund payments and any bonds of the Board of Commissioners of the Port of New Orleans, of the issue of 1919 and this issue, maturing during a current year shall have been fully provided for, be paid by the said Board of Com- missioners of the Port of New Orleans, to the said Board of Commissioners of the Orleans Levee District, and shall be a lien or charge on the net revenues of the said canal and works and improvements of the said Board of Commissioners of the Port of New Orleans, after making provision for the maturing interest, sinking fund and maturing bonds. 5. For the additional cost and expense of any and all levees, and for the maintenance and up-keep thereof during the life of this contract and to pay for the work to be performed by the Board of Commissioners of the Port of New Orleans, the said Board of Levee Commissioners of the Orleans Levee District hereby agrees to pay to the said Board of Commissioners of the Port of New Orleans, the additional sum of three hundred and seventy-five thousand ($375,000.00) Dollars per year, for the term of fifty (50) years, in annual instalments, payable respectively on the first day of February, 1921, and every twelve months thereafter during the said term, and the said Board of Levee Commissioners of the Orleans Levee District as authorized by the said Act No. 3 of 1918, approved May 31st, 1918, hereby levies, dedicates and appropriates a sufficient tax within the limits prescribed by Article 239 of the Constitution, to pay the said cost or compensation in annual instalments as hereinbefore provided. The said payment shall be made at the office of the Board of Commissioners of the Port of New Orleans or to the Trustee or fiduciary named in any mortgage made by the Board of Commissioners of said Port of New Orleans of said canal, locks and other improvements, under the authority conferred upon them by said Act No. 244 of 1914. 6. In consideration of the premises, the Board of Levee Commissioners of the Orleans Levee District is hereby and as in the original and supplemental contracts provided granted an easement or privilege to maintain levees, flood- gates and other works, upon any lands acquired by the Board of Commissioners of the said Port of New Orleans for the purpose of constructing the said naviga- tion canal and any locks, slips, laterals, basins, and appurtenances thereof, and the location of any levees along the said canal or its appurtenances, shall be fixed and determined by the said Board of Levee Commissioners of the Orleans Levee District, with the approval of and ratification of the Com- missioners of said Port of New Orleans, as in said contracts of June 29, 1918, and February 26, 1919, set forth. The said Board of Levee Commissioners of the Orleans Levee District shall have full power, control and supervision for levee purposes of any levees, constructed along the said canal, but shall exercise 863 Vol. IV New Orleans Contracts Legal Materials 14 such supervision and control in such manner so as not to unnecessarily interfere 15 with the use of said canal, locks, slips, laterals, oasins and appurtenances for 16 purposes of navigation, commerce and transportation. 1 7. The Board of Commissioners of said Port, subject to the supervision 2 and control of the said Board of Levee Commissioners of the said levees and 3 levee works, has and has had, as provided in said contracts of June 29, 1918, 4 and February 26, 1919, full power to use the said levees for the maintenance 5 and operation of said canal, to erect thereon such wharves, buildings and 6 improvements as may be required for the purposes of commerce and naviga- 7 tion, and to authorize the location and erection or consent to the location and 8 erection of the tracks, turn-outs, sidings, switches, spurs, cross-overs, etc., of 9 the Public Belt Railroad of the City of New Orleans and other necessary struc- 10 tures and buildings incident to said railroad, on, along and upon the said 11 levees and levee works, under such terms and conditions as have been, or 12 may be agreed upon by the City of New Orleans and the Board of Commissioners 13 of said Port, conditionally that it was and is understood, stipulated and agreed 14 and made part of said contracts of June 29, 1918, and February 26, 1919, 15 and of this supplemental contract that no structures, tracks, buildings or 16 obstructions shall be placed upon the berme or temporary levees permitted to 17 be constructed and built along said navigation canal between the Mississippi 18 River and the locks at or near St. Claude Street, as provided in said original 19 contract of June 29, 1918, and in said supplemental contract of February 26, 20 1919. 1 8. The said levee works when constructed shall be maintained, repaired and cleaned at the expense of the Board of Commissioners of the Port of New Orleans, under the supervision and direction of the Board of Levee Commis- sioners of the Orleans Levee District. Further, the Board of Commissioners of the Port of New Orleans is obligated, under the terms and conditions set forth in Section 3 of this and former contracts, to construct any and all additional levees required by further developments, improvements, or changes of location of the levee works on said canal. 9. This agreement, as in the case of said agreements of June 29, 1918, and of February 26, 1919, may be amended or modified by the parties hereto, provided, however, that no amendment or modification shall affect or impair the rights or claims of any bond-holder having any claim or charge upon the payments to accrue to the said Board of Commissioners of the Port of New Orleans, under this agreement or said original and supplemental agreements. Subject always to the rights of such bond-holders, it is agreed that when and as the net revenues of said canal and canal works, after the payment of operating expenses and maintenance shall from year to year as the same shall be on hand and available for the payment of the interest accruing within one year next ensuing and for the payment of the principal of any bonds maturing and becoming payable within one year next ensuing, be so applied and expended that for such year the annual payment to be made hereunder shall be cor- respondingly reduced. The intent and meaning hereof being that as such net revenues are received from the entire canal works, and improvements including leases of lands subject to levee easements and servitudes, the said revenues shall be applied to the payment of said works as an entirety and the Board of Levee Commissioners of the Orleans Levee District relieved pro-tanto from its obliga- tions hereunder and under said original and supplemental contracts. Thus executed, signed and dated in duplicate at New Orleans, Louisiana, this 14th day of November 1919. PETER. E. MUNTZ Secretary ATTEST: R. F. CLERC Secretary (Witnesses) JAMES WILKINSON ARTHUR. McGUIRK Attys. (Original Signed) BOARD OF LEVEE COMMISSIONERS FOR THE ORLEANS LEVEE DISTRICT THOS. KILLEEN President. BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS W. O. HUDSON President. 864 Vol. IV Mº ll New Orleans QSCello!70600/S Contracts STATE OF LOUISIANA PARISH OF ORLEANS CITY OF NEW ORLEANS BE IT KNOWN, That on this 14th day of NOVEMBER, in the year of our Lord, one thousand, nine hundred and nineteen, before me, ARTHUR JOHN PETERS, a Notary Public, in and for said Parish and State, duly commissioned and qualified, personally appeared: 1ST:—THOMAS KILLEEN, ESQ., President of, and herein representing the Board of Levee Commissioners of the Orleans Levee District. 2ND:—WILLIAM O. HUDSON, ESQ., President of, and herein representing, the Board of Commissioners of the Port of New Orleans. Which said appearers acting as aforesaid, severally signed and delivered the foregoing contract in my presence and in the presence of the two subscribing witnesses thereto, and severally declared and acknowledged that they executed the same in their respective capacities, for the uses, purposes and considerations therein mentioned, the said Thomas Killeen, Esq., as Prsident of the Board of Levee Commissioners of the Orleans Levee District, with full power and authority to act; and the said William O. Hudson, Esq., as President of the Board of Commissioners of the Port of New Orleans, with full power and authority to act. WITNESS my hand and seal of office, at New Orleans, La., the day, month and year aforesaid. (Signed) A. J. PETERS Notary Public EXTRACT COPY (MINUTES SPECIAL MEETING) BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT, HELD IN THE OFFICE OF THE BOARD, ROOM 201, NEW ORLEANS COURT BUILDING, 4 P.M. FRIDAY, NOVEMBER 14, 1919. Upon motion by Mr. Smith, duly seconded and carried, it was ordered that, Supplement No. 2, to contract as between the Board of Commissioners of the Port of New Orleans, executed June 28, 1918, and as read at this meeting and adopted, be approved as a whole and that the President and Secretary of this Board be and are hereby authorized to sign said supplemental contract as between the Board of Commissioners of the Port of New Orleans and the Board of Commissioners of the Orleans Levee District on behalf of the Board of Levee Commissioners of the Orleans Levee District. The above motion was confirmed by roll call with the following results: Hon. Thomas Killeen Voting Yea Hon. John F. Muller Voting Yea Hon. Thomas Smith Voting Yea Hon. John P. Vezien Voting Yea Hon. Paul H. Maloney Voting Yea Hon. James P. Williams Voting Yea Hon. Sam Stone, Jr. Voting Yea Hon. Martin Behrman, stated that owing to pressure of other business it was necessary for him to leave before vote of adoption was taken. After reading of contract by him and before leaving, he expressed his approval of said supple- mental contract and requested that he be so recorded. A TRUE COPY OF MINUTES (Sgd.) PETER. E. MUNTZ Secretary Recorded in the Mortgage Office Book No. 1233, Folio No. 360, New Orleans, La., December 14th, 1919. (Signed) EMI; . LEONARD R. y. Registered in Conveyance Office Book 317, Folio 266. New Orleans 12/2/19. 865 Vol. IV New Orl * ...” Legal Materials ORDINANCES OF THE CITY OF NEW ORLEANS 1899, No. 15,391, approval June 22, 1899 1904, No. 2683, New Council Series, approved October 8, 1904 1923, No. 7352, Commission Council Series, approved April 25, 1923 1930, No. 12,183, Commission Council Series, approved May 22, 1930 1931, No. 12,963, Commission Council Series, approved March 21, 1931 [For texts of ordinances of the City of New Orleans, see New Orleans Studies, Volume Four, p. 461.] REVISED STATUTES OF 1870 REVISED STATUTES 1870 PERTAIN ING TO TULANE UNIVERSITY Section 2586. Departments of university.—The university shall be com- posed of the following departments of faculties, to-wit: Law, medicine, the natural sciences, letters, and college proper, or academical department; all of which, as the resources of the university increase, shall be completed by the administrators, excepting the medical department, which shall be composed of and formed by the medical college of Louisiana, as at present organized and established by law; which said department, as hereafter provided for, shall be engrafted on the university, and be conducted as hereafter directed. [R. S., § 1353.] Section 2587. Board of administrators.--The administrators shall have the power to direct and prescribe the course of study and the discipline to be ob- served in the university; to appoint by ballot, or otherwise, the president of the university, who shall hold his office at the pleasure of the board, and per- form the duties of a professor; to appoint professors, tutors and ushers to assist in the government and instruction of the students, and such other officers as they may deem necessary, they being removable at the pleasure of the board. They shall fix the salaries of the president, professors and tutors, in the academi- cal department, and fill vacancies in the professorships. Vacancies in the law or medical department shall be filled from persons first recommended to the administrators by the faculty of the department in which a vacancy may happen. No professor, tutor, or other assistant officer shall be an administrator of the university. [R. S., § 1354.] Section 2588. Quorum of board of administrators.--Five of the adminis- trators, lawfully convened, shall be a quorum for the transaction of business, except for the disposal of real estate, and for the choice or removal of a presi- dent, professor or tutor, for either of which purposes there shall be a meeting of at least nine administrators. [R. S., § 1355.] Section 2589. Election of chairman of board.—They shall elect one of their number as chairman of the board of administrators once in every two years, or oftener, if they may deem it necessary, who shall preside over their delibera- tions. [R. S., § 1356.] Section 2590. Power to pass by-laws.-They shall have power to make all ordinances and by-laws which to them shall seem expedient for carrying into effect the design contemplated by the establishment of this university, not in- consistent with the constitution of the United States and of this state, nor with the provisions of their charter. They shall not make the religious tenets of any 866 Vol. IV g R. S. Miscellaneous 1870 person a condition of admission to any privilege or office in the university, nor shall any course of religious instruction be taught or allowed of a sectarian character and tendency. [R. S., § 1358.] Section 2591. Right to confer literary honors.-They shall have the right of conferring under their common seal, on any person whom they may think worthy thereof, all literary honors and degrees known and usually granted by any university or college in the United States or elsewhere. The degree of bachelor of law, and doctor of medicine, granted by them, shall authorize the person on whom it is conferred to practice law, physic and surgery in this state. [R. S., § 1359.] Section 2592. Diplomas—Professors of medical department.—All diplomas granted by them shall be signed by the president of the university, the chairman of the board, and the professors of the department in which the student may have graduated; and by such other officers of the university as may be provided for by the laws of the university. In the medical department there shall never be less than seven professors, which number shall be increased only at the sug- gestion and recommendation of the faculty of that department. [R. S., § 1360.] Section 2593. Preparatory department—Literary societies.—They may, if deemed necessary, establish a preparatory or grammar school to be attached to the university, and procure suitable buildings for the same, appoint tutors and ordain by-laws for the discipline and government of the primary department, and may also attach to the university such other institutions, literary or scien- tific Societies, schools and professorships, as to them may seem advisable; all of which, so far as relates to instruction, shall be under the control of the board. [R. S., § 1361.] . Section 2594. Examination of students—Degrees.—There shall be an annual examination of the students in the academical department of the university, a commencement day for conferring publicly degrees on the graduates of that department, and of the law and medical departments. [R. S., § 1364.] Section 2595. Transfer of property of medical college.—All of the real and personal estate whatsoever belonging to the Medical College of Louisiana, is hereby transferred to and vested in the University of Louisiana; provided, the administrators of the university appropriate the sum which the real and personal estate of the Medical College cost to the purchase of philosophical and chemical apparatus for the use of the college, and the Medical College, as it is now or- ganized, is herein and hereby incorporated with and made a part of the Univer- sity of Louisiana, and shall constitute the only medical department of the university. The professors now filling the chairs in that school shall constitute the medical faculty of the department of medicine of the university, and fill the same chairs in the university now filled by them in the Medical School of Louisiana, and hereafter be under the government of the board of administrators of the university. The requisites for admission, the examination of candidates for their degrees in the medical and law departments, the management of pecuniary concerns, the salaries of the professors, the tuition and the terms of admission, shall be under the exclusive control of the faculty of the departments respectively. [R. S., § 1368.] Section 2596. Law department.—The department of law shall consist of three or more professors, who shall be required to give a full course of lectures on international, constitutional, martime, commercial and municipal or civil law, and instruction in the practice thereof. [R. S., § 1369.] Section 2597. Access of medical students to charity hospital.-The medical department of the university shall at all times have free access to the Charity Hospital of New Orleans, for the purpose of affording their students practical illustrations of the subjects they teach. [R. S., § 1371.] 867 Vol. IV X: Legal Materials U. S. GOVERNMENT ACTS U. S. FEDERAL RESERVE ACT OF 1919, SECTION 25(a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act approved December 23, 1913, known as the Federal Reserve Act, as amended, be further amended by adding a new section as follows: “BANKING CORPORATIONS AUTHORIZED TO DO FOREIGN BANKING BUSINESS. “Section 25 (a). Corporations to be organized for the purpose of engaging in international or foreign banking or other international or foreign financial operations, or in banking or other financial operations in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries, or in such dependencies or insular possessions as provided by this section, and to act when required by the Secretary of the Treasury as fiscal agents of the United States, may be formed by any number of natural persons, not less in any case than five. “Such persons shall enter into articles of association which shall specify in general terms the objects for which the association is formed and may contain any other provisions not inconsistent with law which the association may see fit to adopt for the regulation of its business and the conduct of its affairs. “Such articles of association shall be signed by all of the persons intending to participate in the organization of the corporation and, thereafter, shall be forwarded to the Federal Reserve Board and shall be filed and preserved in its office. The persons signing the said articles of association shall, under their hands, make an organization certificate which shall specifically state: “First. The name assumed by such coropration, which shall be subject to the approval of the Federal Reserve Board. “Second. The place or places where its operations are to be carried on. “Third. The place in the United States where its home office is to be located. “Fourth. The amount of its capital stock and the number of shares into which the same shall be divided. “Fifth. The names and places of business or residence of the persons executing the certificate and the number of shares to which each has subscribed. “Sixth. The fact that the certificate is made to enable the persons subscribing the same, and all other persons, firms, companies, and corpora- tions, who or which may thereafter subscribe to or purchase shares of the capital stock of such corporation, to avail themselves of the advantages of this section. “The persons signing the organization certificate shall duly acknowledge the execution thereof before a judge of some court of record or notary pub- lic, who shall certify thereto under the seal of such court or notary, and thereafter the certificate shall be forwarded to the Federal Reserve Board to be filed and preserved in its office. Upon duly making and filing articles of association and an organization certificate, and after the Federal Reserve Board has approved the same and issued a permit to begin business, the association shall become and be a body corporate, and as such and in the name designated therein shall have power to adopt and use a corporate seal, which may be changed at the pleasure of its board of directors; to have suc- cesion for a period of twenty years unless sooner dissolved by the act of the shareholders owning two-thirds of the stock or by an Act of Congress or unless it franchises become forfeited by some violation of law; to make contracts; to sue and be sued, complain, and defend in any court of law or equity; to elect or appoint directors, all of whom shall be citizens of the United States; and, by its board of directors, to appoint such officers and employees as may be deemed proper, define their authority and duties, require bonds of them, and fix the penalty thereof, dismiss such officers or employees, or any thereof, at 868 Vol. IV & U. S. Miscellaneous Acts pleasure and appoint others to fill their places; to prescribe, by its board of directors, by-laws not inconsistent with law or with the regulations of the Fed- eral Reserve Board regulating the manner in which its stock shall be trans- ferred, its directors elected or appointed, its officers and employees appointed, its property transferred, and the privileges granted to it by law exercised and enjoyed. “Each corporation so organized shall have power, under such rules and regulations as the Federal Reserve Board may prescribe: “(a) To purchase, sell, discount, and negotiate, with or without its indorsement or guaranty, notes, drafts, checks, bills of exchange, acceptances, including bankers' acceptances, cable transfers, and other evidences of indebt- edness; to purchase and sell, with or without its indorsement or guaranty, securi- ties, including the obligations of the United States or of any State thereof but not including shares of stock in any corporation except as herein provided; to accept bills or drafts drawn upon it subject to such limitations and restrictions as the Federal Reserve Board may impose; to issue letters of credit; to purchase and sell coin, bullion, and exchange; to borrow and to lend money; to issue debentures, bonds, and promissory notes under such general conditions as to security and such limitations as the Federal Reserve Board may prescribe, but in no event having liabilities outstanding thereon at any one time exceeding ten times its capital stock and surplus; to receive deposits outside of the United States and to receive only such deposits within the United States as may be incidental to or for the purpose of carrying out transactions in foreign countries or dependencies or insular possesions of the United States; and generally to exercise such powers as are incidental to the powers conferred by this Act or as may be usual in the determination of the Federal Reserve Board, in connec- tion with the transaction of the business of banking or other financial operations in the countries, colonies, dependencies, or possesions in which it shall transact busines and not inconsistent with the powers specifically granted herein. Nothing contained in this section shall be construed to prohibit the Federal Reserve Board, under its power to prescribe rules and regulations, from limiting the aggregate amount of liabilities of any or all classes incurred by the corporation and outstanding at any one time. Whenever a corporation organized under this section receives deposits in the United States authorized by this section it shall carry reserves in such amounts as the Federal Reserve Board may pre- scribe, but in no event less than 10 per centum of its deposits. “(b) To establish and maintain for the transaction of its business branches or agencies in foreign countries, their dependencies or colonies, and in the dependencies or insular possesions of the United States, at such places as may be approved by the Federal Reserve Board and under such rules and regulations as it may prescribe, including countries or dependencies not specified in the original organization certificate. “(c) With the consent of the Federal Reserve Board to purchase and hold stock or other certificates of ownership in any other corporation organized under the provisions of this section, or under the laws of any foreign country or a colony or dependency thereof, or under the laws of any State, dependency or insular possession of the United States but not engaged in the general business of buying or selling goods, wares, merchandise or commodities in the United States, and not transacting any business in the United States except such as in the judgment of the Federal Reserve Board may be incidental to its international or foreign business: Provided, however, That, except with the approval of the Federal Reserve Board, no corporation organized hereunder shall invest in any one corporation an amount in excess of 10 per centum of its own capital and surplus, except in a corporation engaged in the busines of banking, when 15 per centum of its capital and surplus may be so invested: Provided, further, That no corporation organized hereunder shall purchase, own, or hold stock or certificates of ownership in any other corporation organized here- under or under the laws of any State in which is in substantial competition therewith, or which holds stock of certificates or ownership in corporations which are in substantial competition with the purchasing corporation. “Nothing contained herein shall prevent corporations organized hereunder from purchasing and holding stock in any corporation where such purchase 869 Vol. IV %: Legal Materials r— shall be necesary to prevent a loss upon a debt previously contracted in good faith; and stock so purchased or acquired in corporations organized under this section shall within six months from such purchase be sold or disposed of at public or private sale unless the time to so dispose of same is extended by the Federal Reserve Board. “No corporation organized under this section shall carry on any part of its business in the United States except such as, in the judgment of the Federal Reserve Board, shall be incidental to its international or foreign business: And provided further, That such except as is incidental and preliminary to its organization no such corporation shall exercise any of the powers conferred by this section until it has been duly authorized by the Federal Reserve Board to commence business as a corporation organized under the provisions of this section. “No corporation organized under this section shall engage in commerce or trade in commodities except as specifically provided in this section, nor shall it either directly or indirectly control or fix or attempt to control or fix the price of any such commodities. The charter of any corporation violating this provision shall be subject to forfeiture in the manner hereinafter provided in this section. It shall be unlawful for any director, officer, agent, or employee of any such corporation to use or to conspire to use the credit, the funds, or the power of the corporation to fix or control the price of any such commodities, and any such person violating this provision shall be liable to a fine of not less than $1,000 and not exceeding $5,000 or imprisonment not less than one year and not exceeding five years, or both, in the discretion of the court. “No corporation shall be organized under the provisions of this section with a capital stock of less than $2,000,000, one-quarter of which must be paid in before the corporation may be authorized to begin business, and the remainder of the capital stock of such corporation shall be paid in installments of at least 10 per centum on the whole amount to which the corporation shall be limited as frequently as one installment at the end of each succeeding two months from the time of the commencement of its business operations until the whole of the capital stock shall be paid in. The capital stock of any such corporation may be increased at any time, with the approval of the Fed- eral Reserve Board, by a vote of two-thirds of its shareholders or by unani- mous consent in writing of the shareholders without a meeting and without a formal vote, but any such increase of capital shall be fully paid in within ninety days after such approval; and may be reduced in like manner, pro- vided that in no event shall it be les than $2,000,000. No corporation, except as herein provided, shall during the time it shall continue its operations, with- draw or permit to be withdrawn, either in the form of dividends or otherwise, any portion of its capital. Any national banking association may invest in the stock of any corporation organized under the provisions of this section, but the aggregate amount of stock held in all corporations engaged in business of the kind described in this section and in section 25 of the Federal Reserve Act as amended shall not exceed 10 per centum of the subscribing bank's capital and surplus. “A majority of the shares of the capital stock of any such corporation shall at all times be held and owned by citizens of the United States, by cor- porations the controlling interest in which is owned by citizens of the United States, chartered under the laws of the United States or of a State of the United States, or by firms or companies, the controlling interest in which is owned by citizens of the United States. The provisions of section 8 of the act approved October 15, 1914, entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,’ as amended by Act s of May 15, 1916, and September 7, 1916, shall be construed to apply to the directors, other officers, agents, or employees of corporations organized under the provisions of this section: Provided however, That nothing herein contained shall (1) prohibit any director or other officer, agent or employee of any member bank, who has procured the approval of the Federal Reserve Board from serving at the same time as a director or other officer, agent or employee of any corporation organized under the provisions of this section in whose capital stock such member bank shall have invested; or (2) prohibit any director or other officer, agent, or employee of any corporation organized 870 Vol. IV i.e. U. S. Miscellaneous Acts under the provisions of this section, who has procured the approval of the Federal Reserve Board, from serving at the same time as a director or other officer, agent, or employee of any other corporation in whose capital stock such first-mentioned corporation shall have invested under the provisions of this section. “No member of the Federal Reserve Board shall be an officer or director of any corporation organized under the provisions of this section, or of any cor- poration engaged in similar busines organized under the laws of any State, nor hold stock in any such corporation, and before entering upon his duties as a member of the Federal Reserve Board he shall certify under oath to the Sec- retary of the Treasury that he has complied with this requirement. “Shareholders in any corporation organized under the provisions of this section shall be liable for the amount of their unpaid stock subscriptions. No such corporation shall become a member of any Federal reserve bank. “Should any corporation organized hereunder violate or fail to comply with any of the provisions of this section, all of its rights, privileges, and franchises derived herefrom may thereby be forfeited. Before any such cor- poration shall be declared dissolved, or its rights, privileges, and franchises forfeited, any noncompliance with, or violation of such laws shall, however, be determined and adjudged by a court of the United States of competent juris- diction, in a suit brought for that purpose in the district or territory in which the home office of such corporation is located, which suit shall be brought by the United States at the instance of the Federal Reserve Board or the Attorney General. Upon adjudication of such noncompliance or violation, each director and officer who participated in, or assented to, the illegal act or acts, shall be liable in his personal or individual capacity for all damages which the said corporation shall have sustained in consequence thereof. No dissolu- tion shall take away or impair any remedy against the corporation, its stock- holders, or officers for any liability or penalty previously incurred. “Any such corporation may go into voluntary liquidation and be closed by vote of its shareholders owning two-thirds of its stock. “Whenever the Federal Reserve Board shall become satisfied of the insolvency of any such corporation, it may appoint a receiver who shall take possession of all of the property and assets of the corporation and exercise the same rights, privileges, powers, and authority with respect thereto as are now exercised by receivers of national banks appointed by the Comptroller of the Currency of the United States: Provided however, That the assets of the corporation subject to the laws of other countries or jurisdictions shall be dealt with in accordance with the terms of such laws. “Every corporation organized under the provisions of this section shall hold a meeting of its stockholders annually upon a date fixed in its by-laws, such meeting to be held at its home office in the United States. Every such corporation shall keep at its home office books containing the names of all stock- holders thereof, and the names and addresses of the members of its board of directors, together with copies of all reports made by it to the Federal Reserve Board. Every such corporation shall make reports to the Federal Reserve Board at such times and in such form as it may require; and shall be subject to examination once a year and at such other times as may be deemed necessary by the Federal Reserve Board by examiners appointed by the Federal Reserve Board, the cost of such examinations, including the compen- sation of the examiners, to be fixed by the Federal Reserve Board and to be paid by the corporation examined. “The directors of any corporation organized under the provisions of this section may, semiannually, declare a dividend of so much of the net profits of the corporation as they shall judge expedient; but each corporation shall, before the declaration of a dividend, carry one-tenth of its net profits of the preceding half year to its surplus fund until the same shall amount to 20 per centum of its capital stock. “Any corporation organized under the provisions of this section shall be subject to tax by the State within which its home office is located in the same manner and to the same extent as other corporations organized under the laws of that State which are transacting a similar character of business. The 871 Vol. IV *:: Legal Materials shares of stock in such corporation shall also be subject to tax as the personal property of the owners or holders thereof in the same manner and to the same extent as the shares of stock in similar State corporations. “Any corporation organized under the provisions of this section may at any time within the two years next previous to the date of the expiration of its corporate existence, by a vote of the shareholders owning two-thirds of its stock, apply to the Federal Reserve Board for its approval to extend the period of its corporate existence for a term of not more than twenty years, and upon certified approval of the Federal Reserve Board such corporation shall have its corporate existence for such extended period unless sooner dissolved by the act of the shareholders owning two-thirds of its stock, or by an Act of Con- gress or unless its franchise becomes forfeited by some violation of law. “Any bank or banking institution, principally engaged in foreign business, incorporated by special law of any State or of the United States or organized under the general laws of any State or of the United States and having an unimpaired capital sufficient to entitle it to become a corporation under the provisions of this section may, by the vote of the shareholders owning not less than two-thirds of the capital stock of such bank or banking association, with the apprpoval of the Federal Reserve Board, be converted into a Fed- eral corporation of the kind authorized by this section with any name approved by the Federal Reserve Board; Provided, however, That said conversion shall not be in contravention of the State law. In such case the articles of associa- tion and organization certificate may be executed by a majority of the directors of the bank or banking institution, and the certificate shall declare that the owners of at least two-thirds of the capital stock have authorized the directors to make such certificate and to change or convert the bank or banking institu- tion into a Federal corporation. A majority of the directors, after executing the articles of association and the organization certificate, shall have power to execute all other papers and to do whatever may be required to make its organization perfect and complete as a Federal corporation. The shares of any such corporation may continue to be for the same amount each as they were before the conversion, and the directors may continue to be directors of the corporation until others are elected or appointed in accordance with the provi- sions of this section. When the Federal Reserve Board has given to such cor- poration a certificate that the provisions of this section have been complied with, such corporation and all its stockholders, officers, and employees, shall have the same powers and privileges, and shall be subject to the same duties, liabilities, and regulations, in all respects, as shall have been prescribed by this section for corporations originally organized hereunder. “Every officer, director, clerk, employee, or agent of any corporation organized under this section who embezzles, abstracts, or willfully misapplies any of the moneys, funds, credits, securities, evidences of indebtedness or assets of any character of such corporation, or who, without authority from the directors, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, debenture, draft, bill of exchange, mortgage, judgment, or decree; or who makes any false entry in any book, report, or statement of such corporation with intent, in either case, to injure or defraud such corporation or any other company, body politic or corporate, or any individual person, or to deceive any officer of such corporation, the Federal Reserve Board, or any agent or examiner appointed to examine the affairs of any such corporation; and every receiver of any such corporation and every clerk or employee of such receiver who shall embezzle, abstract, or willfully misapply or wrongfully convert to his own use any moneys, funds, credits, or assets of any character which may come into his possession or under his control in the execution of his trust or the performance of the duties of his employment; and every such receiver or clerk or em- ployee of such receiver who shall, with intent to injure or defraud any person, body politic or corporate, or to deceive or mislead the Federal Reserve Board, or any agent or examiner appointed to examine the affairs of such receiver, shall make any false entry in any book, report, or record of any matter con- nected with the duties of such receiver; and every person who with like intent aids or abets any officer, director, clerk, employee, or agent of any corporation organizd under this section, or receiver or clerk or employee of such receiver 872 Vol. IV ge U. S. Miscellaneous Acts as aforesaid in any violation of this section, shall upon conviction thereof be imprisoned for not less than two years nor more than ten years, any may also be fined not more than $5,000, in the discretion of the court. “Whoever being connected in any capacity with any corporation organized under this section represents in any way that the United States is liable for the payment of any bond or other obligation, or the interest thereon, issued or incurred by any corporation organized hereunder, or that the United States incurs any liability in respect of any act or omision of the corporation, shall be punished by a fine of not more than $10,000 and by imprisonment for not more than five years.” U. S. RURAL ELECTRIFICATION ACT OF 1936 Rural Electrification Act of 1936: U. S. Government Acts. AN ACT To provide for rural electrification, and for other purposes. Be it enacted by the Senate and Howse of Representatives of the United States of America in Congress assembled. That there is hereby created and established an agency of the United States to be known as the “Rural Electrification Administraiton,” all of the powers of which shall be exercised by an Administration, who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of ten years, and who shall receive a salary of $10,000 per year. This Act may be cited as the “Rural Electrification Act of 1936.” Sec. 2. The Administrator is authorized and empowered to make loans in the several States and Territories of the United States for rural electrifica- tion and the furnishing of electric energy to persons in rural areas who are not receiving central station service, as hereinafter provided; to make, or cause to be made, studies, investigations, and reports concerning the condition and progress of the electrification of rural areas in the several States and Terri- tories; and to publish and disseminate information with respect thereto. Sec. 3. (a) The Reconstruction Finance Corporation is hereby au- thorized and directed to make loans to the Administrator, upon his request ap- proved by the President, not exceeding in aggregate amount $50,000,000 for the fiscal year ending June 30, 1937, with interest at 3 per centum per annum upon the security of the obligations of borrowers from the Administrator ap- pointed pursuant to the provisions of this Act or from the Administrator of the Rural Electrification Administration established by Executive Order Num- bered 7037: Provided, That no such loan shall be in an amount exceeding 85 per centum of the principal amount outstanding of the obligations constituting the security therefor: And provided further, That such obligations incurred for the purpose of financing the construction and operation of generating plants, electric transmission and distribution lines, or systems shall be fully amortized over a period not to exceed twenty-five years, and that the maturity of such obligations incurred for the purpose of financing the wiring of premises and the acquisition and installation of electrical and plumbing appliances and equip- ment shall not exceed two-thirds of the assured life thereof and not more than five years. The Administrator is hereby authorized to make all such endorse- ments, to execute all such instruments, and to do all such acts and things as shall be necessary to effect the valid transfer and assignment to the Recon- struction Finance Corporation of all such obligations. (b) There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1938, and for each of the eight years thereafter, the sum of $40,000,000 for the purposes of this Act as hereinafter provided. (c) Fifty per centum of the annual sums herein made available or appro- priated for the purposes of this Act shall be alloted yearly by the Adminis- trator for loans in the several States in the proportion which the number of 873 Vol. IV *:: Legal Materials their farms not then receiving central station electric service bears to the total number of farms of the United States not then receiving such service. The Administrator shall, within ninety days after the beginning of each fiscal year, determine for each State and for the United States the number of farms not then receiving such service. (d) The remaining 50 per centum of such annual sums shall be available for loans in the several States and in the Territories, without allotment as hereinabove provided, in such amounts for each State and Territory as, in the opinion of the Administrator, may be effectively employed for the purposes of this Act, and to carry out the provisions of section 7: Provided, however, That not more than 10 per centum of said unallotted annual sums may be employed in any one State, or in all of the Territories. (e) If any part of the annual sums made available for the purposes of this Act shall not be loaned or obligated during the fiscal year for which such sums are made available, such unexpended or unobligated sums shall be avail- able for loans by the Administrator in the following year or years without al- lotment: Provided, however, That not more than 10 per centum of said sums may be employed in any one State or in all of the Territories: And provided further, That no loans shall be made by the Reconstruction Finance Corpora- tion to the Administrator after June 30, 1937. (f) All moneys representing payments of principal and interest on loans made by the Administrator under this Act shall be covered into the Treasury as miscellaneous receipts, except that any such moneys representing payments of principal and interest on obligations constituting the security for loans made by the Reconstruction Finance Corporation to the Administrator shall be paid to the Reconstruction Finance Corporation in payment of such loans. Sec. 4. The Administrator is authorized and empowered, from the sums hereinbefore authorized, to make loans to persons, corporations, States, Terri- tories, and subdivisions and agencies thereof, municipalities, peoples utility dis- tricts and cooperative nonprofit, or limited dividend associations organized under the laws of any State or Territory of the United States, for the purpose of financing the construction and operation of generating plants, electric trans- mission and distribution lines or systems for the furnishing of electric energy to persons in rural areas who are not receiving central station service: Pro- vided, however, That the Administration, in making such loans, shall give pre- ference to States, Territories, and subdivisions and agencies thereof, munici- palities, peoples utility districts, and cooperative, nonprofit, or limited dividend associations, the projects of which comply with the requirements of this Act. Such loans shall be on such terms and conditions relating to the expenditure of the moneys loaned and the security therefor as the Administrator shall de- termine and may be made payable in whole or in part out of income: Provided, however, That all such loans shall be self-liquidating within a period of not to exceed twenty-five years, and shall bear interest at a rate equal to the average rate of interest payable by the United States of America on its obligations, having a maturity of ten or more years after the dates thereof, issued during the last preceding fiscal year in which any such obligations were issued: Provided, further, That no loan for the construction, operation, or enlargement of any generating plant shall be made unless the consent of the State authority having jurisdiction in the premises is first obtained. Loans under this section and sec- tion 5 shall not be made unless the Administrator finds and certifies that in his judgment the security therefor is reasonably adequate and such loan will be repaid within the time agreed. Sec. 5. The Administrator is authorized and empowered, from the sums hereinbefore authorized, to make loans for the purpose of financing the wiring of the premises of persons in rural areas and the acquisition and installation of electrical and plumbing appliances and equipment. Such loans may be made to any of the borrowers of funds loaned under the provisions of section 4, or to any person, firm, or corporation supplying or installing the said wiring, ap- pliances, or equipment. Such loans shall be for such terms, subject to such con- ditions, and so secured as reasonably to assure repayment thereof, and shall be at a rate of interest equal to the average rate of interest payable by the 874 Vol. IV º U. S. Miscellaneous Acts United States of America on its obligations, having a maturity of ten or more years after the dates thereof, issued during the last preceding fiscal year in which any such obligations were issued. Sec. 6. For the purpose of administering this Act and for the purpose of making the studies, investigations, publications, and reports herein pro- vided for, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as shall be necessary. Sec. 7. The Administrator is authorized and empowered to bid for and purchase at any foreclosure or other sale, or otherwise to acquire, property pledged or mortgaged to secure any loan made pursuant to this Act; to pay the purchase price and any costs and expenses incurred in connection therewith from the sums authorized in section 3 of this Act; to accept title to any property so purchased or acquired in the name of the United States of America; to operate or lease such property for such period as may be deemed necessary or advisable to protect the investment therein, but not to exceed five years after the acquisition thereof; and to sell such property so purchased or acquired, upon such terms and for such consideration as the Administrator shall deter- mine to be reasonable. No borrower of funds under section 4 shall, without the approval of the Administrator, sell or dispose of its property, rights, or franchises, acquired under the provisions of this Act, until any loan obtained from the Rural Electri- fication Administration, including all interest and charges, shall have been repaid. Sec. 8. The administration of loans and contracts entered into by the Rural Electrification Administration established by Executive Order Num- bered 7037, dated May 11, 1935, may be vested by the President in the Adminis- trator authorized to be appointed by this Act; and in such event the provi- sions of this Act shall apply to said loans and contracts to the extent that said provisions are not inconsistent therewith. The President may transfer to the Rural Electrification Administration created by this Act the jurisdiction and control of the records, property (including office equipment), and personnel used or employed in the exercise and performance of the functions of the Rural Electrification Administration established by such Executive order. Sec. 9. This Act shall be administered entirely on a nonpartisan basis, and in the appointment of officials, the selection of employees, and in the promo- tion of any such officials or employees, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. If the Adminis- trator herein provided for is found by the President of the United States to be guilty of a violation of this section, he shall be removed from office by the President, and any appointee or selection of officials or employees made by the Administrator who is found guilty of a violation of this Act shall be re- moved by the Administrator. Sec. 10. The Administrator shall present annually to the Congress not later than the 20th day of January in each year a full report of his activities under this Act. Sec. 11. In order to carry out the provisions of this Act the Administrator may accept and utilize such voluntary and uncompensated services of Federal, State, and local officers and employees as are available, and he may without regard to the provisions of civil-service laws applicable to officers and em- ployees of the United States appoint and fix the compensation of attorneys, engineers, and experts, and he may, subject to the civil-service laws, appoint such other officers and employees as he may find necessary and prescribe their duties. The Administrator is authorized, from sums appropriated pursuant to section 6, to make such expenditures (including expenditures for personal services; supplies and equipment; law.books and books of reference; directories and periodicals; travel expenses; rental at the seat of government and else- 875 Vol. IV §: Legal Materials where; the purchase, operation, or maintenance of passenger-carrying vehicles; and printing and binding) as are appropriate and necessary to carry out the provisions of this Act. Sec. 12. The Administrator is authorized and empowered to extend the time of payment of interest or principal of any loans made by the Adminis- trator pursuant to this Act: Provided, however, That with respect to any loan made under section 4, the payment of interest or principal shall not be ex- tended more than five years after such payment shall have become due, and with respect to any loan made under section 5, the payment of principal or interest shall not be extended more than two years after such payment shall have become due: And provided further, That the provisions of this section shall not apply to any obligations or the security therefor which may be held by the Reconstruction Finance Corporation under the provisions of section 3. Sec. 13. As used in this Act the term “rural area” shall be deemed to mean any area of the United States not included within the boundaries of any city, village, or borough having a population in excess of fifteen hundred in- habitants, and such term shall be deemed to include both the farm and non- farm population thereof; the term “farm” shall be deemed to mean a farm as defined in the publications of the Bureau of the Census; the term “person” shall be deemed to mean any natural person, firm, corporation, or association; the term “Territory” shall be deemed to include any insular possession of the United States. Section 14. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. SHREVEPORT COUNCIL RESOLUTION SH REVEPORT COUNCIL RESOLUTION NO. 25 OF 1932 Referred to in Louisiana Constitution, Article XIV, Section 31.2 By Mr. Ford: Resolution with respect to the issuance of $950,000 Liquidation Bonds of the City of Shreveport, Caddo Parish, Louisiana. Whereas, the City of Shreveport had on January 1, 1932, and still has outstanding certain valid and legally binding floating indebtedness in the aggre- gate amount of Eight Hundred Sixty-Seven Thousand One Hundred Ninety-four Dollars and Twenty-two cents ($867,194.22) which, with interest accrued thereon, aggregates more than Nine Hundred Thousand Dollars ($900,000), said indebted- ness being hereinafter fully described, and Whereas, the City of Shreveport on January 1, 1932, was subject to claims arising out of causes of action then in existence, which claims total more than Fifty Thousand Dollars ($50,000) and are now unpaid, and it is desired to establish a contingent fund in the amount of Fifty Thousand Dollars ($50,000) for the purpose of paying those claims and any judgments which may arise therefrom, NOW, THEREFORE, Be it resolved by the Council of the City of Shreve- port, Caddo Parish, Louisiana, as follows: Section 1: That the following described indebtedness of the City of Shreve- port and accrued interest thereon, all of which indebtedness was outstanding on January 1, 1932, and is now due and unpaid, be paid from the proceeds of Liquidation Bonds to be issued and sold by the said City for that purpose: 876 Vol. IV e Shreveport Miscellameous Resolution Form Date Authority Amount Certificate 3-430 Res. #16, 1930 1-A $25,000.00 1-B 25,000.00 $ 50,000.00 Certificate 5-15-30 Res. #59, 1930 5-15-33 $60,000.00 5-15-34 65,000.00 5-15-35 70,000.00 5-15-36 71,662.70 266,662.70 Certificate 10-27-30 Ord. #82, 1930 10-27-33 20,000.00 10-27-34 21,000.00 10-27-35 23,000.00 10-27-36 24,000.00 10-27-37 25,000.00 113,000.00 Certificate 3-10-31 Res. #16, 1931 7,500.00 Certificate 3-10-31 Res. # 17, 1931 2,500.00 Certificate 11-14-31 Res. #67, 1931 No. 1 6,250.00 No. 2 6,250.00 No. 3 6,250.00 No. 4 6,250.00 25,000.00 Certificate 12-10-31 Res. #68, 1931 1-A 43,750.00 1-B 43,750.00 87,500.00 Certificate 4-12-32 Res. #16, 1932 Issued to cover 1931, open account 1,153.00 Certificate 4-12-32 Res. # 17, 1932 Issued to cover 1931, open account 6,446.88 Certificate 4-12-32 (Res. #6, 1931 (Res. # 18, 1932 Issued to cover 1930-31, open account 37,965.46 Certificate 4-12-32 (Res. #7, 1931 (Res. #19, 1932 Issued to cover 1930-31, open account 6,750.74 Note 2-17-28 Seagrave Corp., Columbus, Ohio 2,250.00 Note 6-6-28 Seagrave Corp., Columbus, Ohio 3,250.00 Note 3-28-29 American La-France and Foamite Industries, Elmira, N. Y. $4,316.67 Note 3-28-29 American La-France and Foamite Industries, Elmiro, N. Y. 4,316.67 8,633.34 $618,612.12 Accounts Open and Unpaid for year 1930, marked “Exhibit” and on file in the Finance Office, City Hall.$23,736.84 Accounts Open and Unpaid for year 1931, marked “Exhibit B” and on file in the Finance Office, City Hall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62,018.36 85,755.20 $704,367.32 877 Vol. IV Shreveport e Resolution Legal Materials DEPARTMENT OF WATER AND SEWERAGE of the CITY OF SHREVEPORT Deposits—Liability Contracts, past due and subject to refund, marked “Exhibit C” and on file in Finance Office, City Hall. . . . $ 48,324.13 Certificate 2-13-31 Southern Cities Distributing Co. Res. #8, 1931. . . . . . . . . . . . . . . . . . Certificate 2-13-31 Southwestern Gas & Elec. Co. Res. #9, 1931. . . . . . . . . . . . . . . . . . Certificate 3-1-31 Ludlow Valve Co., Troy, N. Y. Res. #22, 1931. . . . . . . . . . . . . . . . . Certificate 3-1-31 General Chemical Co., New York, N. Y. Res. #22, 1931. . . . . . . . . . Certificate 3-1-31 Hersey Mft. Co., S. Boston, Mass. Res. #22, 1931. . . . . . . . . . . . . . . . Certificate 3-1-31 Neptune Meter Co., Dallas, Texas. Res. #22, 1931. . . . . . . . . . . . . . . . Certificate 3-1-31 National Meter Co., New York, N. Y. Res. #22, 1931. . . . . . . . . . Certificate 4-28-31 South Highlands Co. Res. #31, 1931. . . . . . . . . . . . . . . . 114,502.77 Recapitulation: Total floating indebtedness, City of Shreve- port (General Fund) . . . . . . . . . . . . . . . . . . $704,367.32 Total floating indebtedness, Department of Water & Sewerage . . . . . . . . . . . . . . . . . . . . 162,826.90 Grand Total . . . . . . . . . . . . . . . . . . . . . . . $867,194.22 $162,826.90 SECTION 2. That Liquidation Bonds to the amount of Fifty Thousand Dollars ($50,000.00) be sold and issued and the proceeds of the sale thereof be placed in a contingent fund to be used in the payment of claims against the City of Shreveport arising out of causes of action in existence on January 1, 1932. SECTION 3. That the Legislature of Louisaina be requested to submit to the voters of the State of Louisiana a Constitutional Amendment authorizing the issuance of Liquidation Bonds of the City of Shreveport in the maximum amount of Nine Hundred Fifty Thousand Dollars ($950,000) to accomplish the purpose described in this Resolution. Adopted May 10, 1932. 878 BIBLIOGRAPHY BIBLIOGRAPHY INTRODUCTION The Bibliography lists all works referred to through- out the four volumes as well as additional references which may be of assistance to a constitutional convention. It lists in Part I all books, pamphlets, and items separately pub- lished; and all articles in Part II. Both are arranged al- phabetically by author. Where no author is given, the item is listed by title. All state constitutions are listed under the title “Constitutions.” All official publications of this state or of its agencies are grouped together under the title “Louisiana.” Appreciation is expressed to the Refer- ence Department of the Louisiana State University Library for assistance in compiling an initial bibliography for the Institute in 1946 which constituted the beginning of the present bibliography. 881 BIBLIOGRAPHY PART I: BOOKS Aggregate. Amount of Persons Within the United States in the Year 1810 (Washington, 1811). Alabama Bureau of Public Administration, Legislative Ap- portionment by Hallie Farmer (University: Univer- sity of Alabama, 1944). Aly, Bower, ed., Unicameral Legislatures (Columbia: Lucas Brothers, 1937). **** VAlyea, Paul E., Alabama's Balancing Budget (Bureau of , ºf 3.2 Å i < *, Public Administration, University of Alabama). American Bar Association, Commission of Organized Crime and Law Enforcement (New York: The Crosby Press, 1953). , The Improvement of the Administration of Ju8- tice, a Handbook, prepared by the Section of Judicial Administration (3rd ed., 1952). American Council on Education, Louisiana State University and Agricultural and Mechanical College, A Survey Report (Washington, 1940). J's 3 & Anderson, William and Weidner, Edward W., American 1552, q: 6 City Government (New York: Henry Holt and Co., 1950). º * , State and Local Government (New York: Henry , ſº º Holt and Co., 1951). Andrews, Richard D., Charter Suggestions for Maryland Municipalities (College Park: Bureau of Governmental Research, College of Business and Public Administra- tion, University of Maryland, 1952). - s#5 § Aslin, Neil C. and Bradshaw, William L., Manual on Edu- 7/5 # ºf cation prepared for the Missouri Constitutional Con- vention of 1943 (Columbia: University of Missouri, 1943). º, e = }, ºf Asseff, Emmett, Legislative Apportionment in Louisiana * Q is . (Baton Rouge: Bureau of Government Research, Loui- siana State University, 1950). 883 Vol. IV Bibliography Asseff, Emmett, “Louisiana,” County Government Across the Nation, Paul W. Wager, ed. (Chapel Hill: Univer- sity of North Carolina Press, 1950). ‘... de l; Special Districts in Louisiana (Baton Rouge: Bureau of Government Research, Louisiana State University, 1951). . . and Powell, Alden, Party Organization and Nomina- tion in Louisiana (Baton Rouge: Bureau of Govern- ment Research, Louisiana State University, 1952). - -, Registration of Voters in Louisiana (Baton Rouge: Bureau of Government Research, Louisiana State University, 1951). E, Highsaw, R. B. and Looper, C. E., State Super- 'wision of Local Finance in Louisiana (Baton Rouge: Bureau of Government Research, Louisiana State University, 1951). Aylsworth, L. E., “Nebraska’s Non-partisan Unicameral Legislature,” Unicameral Legislatures, E. D. Buehler, ed. (New York: Noble and Noble, 1937). | Barclay, Thomas S., The Movement for Municipal Home Rule for St. Louis (Columbia: University of Missouri Studies No. 3, 1943). "Bates, Frank G. and Field, Oliver P., State Government (New York: Harpers, 1928). Betts, Curtis A., “Nebraska’s Unicameral Legislature’s Record,” Unicameral Legislatures, Bower Aly, ed. (Co- lumbia: Lucas Brothers, 1937), II. Bird, Frederick L. and Ryan, Francis M., The Recall of Public Officers, A Study of the Operation of the Recall in California (New York: The Macmillan Co., 1930). Bland, Bertram C. and Goldman, Sidney, The Governor’s Veto Power, prepared by the Governor’s Committee on Preparatory Research for the New Jersey Constitu- tional Convention of 1947 (1947). Bonin, J. M., Homestead Taa: Eacemption in Louisiana (Master’s thesis, Louisiana State University, 1952). 884 Books Vol. IV Boonstra, C. A., Taa: Eacemption on Rural Homesteads in Louisiana (Baton Rouge: Department of Agricultural Economics, Louisiana State University, 1940). Bowen, Don L., Constitutional Studies No. 16, “Judicial Personnel,” prepared for the Oklahoma State Legis- lative Council (1949). Bradshaw, William L. and Aslin, Neil C., Manual on Edu- # , cation prepared for the Missouri Constitutional Con- vention of 1943 (Columbia: University of Missouri, 1943). Bradshaw, H. C. and Gabbard, L. P., Possible Savings Through Changes in Local Government, Bulletin, Texas Agricultural Experiment Station, No. 540 (April, 1937). Brookings Report, Organization and Administration of Oklahoma (Oklahoma City: Harlow Publishing Co., 1935). Buck, A. E., Municipal Finance (New York: The Macmillan Co., 1926). 2 : , The Reorganization of State Governments in the United States (New York: Columbia University Press, National Municipal League Series, 1938). Buehler, A. G., Public Finance (2nd ed.: New York: Mc- Graw-Hill Book Co., 1940). Buehler, E. C., ed., Unicameral Legislatures (New York: Noble and Noble, 1937). Burdette, Franklin L., “The Conference Committee Ogre,” Unicameral Legislatures, Bower Aly, ed. (Columbia: Lucas Brothers, 1937). Byron, Charles David, Coordinated Control of Higher Edu- cation in Oregon (Palo Alto: Stanford University Press, 1940). California Bureau of Public Administration, Legislative '' Apportionment (Berkeley: University of California, 1951). 885 Vol. IV Bibliography California Legislative Joint Interim Committee Staff, Pro- posal No. 1 Submitted to Subcommitte on Fundamental Rights (1948). , Proposal No. 1 Submitted to Subcommittee on the Judicial Department, Revision draft (with com- ments). California State Library, State Constitutional Conventions Since 1889 (Sacramento, 1929). Campbell, Barbara, The Amending Process in Louisiana Constitutions (Master's thesis, Louisiana State Uni- versity, 1947). Campbell, D. W. and O’Rourke, Vernon A., Constitution- Making in a Democracy: Theory and Practice in New York State (Baltimore: Johns Hopkins Press, 1943). Carleton, R. L., The Reorganization and Consolidation of State Administration in Louisiana (Baton Rouge: Louisiana State University, 1937). Carroll, Daniel B., The Unicameral Legislature of Vermont (Montpelier: Vermont Historical Society, 1933). Chamberlain, J. P., Legislative Processes (New York: D. Appleton-Century Co., 1936). Chambers, M. M., “The Duties and Responsibilities of a Governing Board,” Proceedings of the Association of Governing Boards of State Universities and Allied In- stitutions (1941). Chatters, Carl H. and Hillhouse, Albert M., Local Govern- ment Debt Administration (New York: Prentice-Hall, 1939). Chicago University Library, Documents Section, Official Publications Relating to American State Constitutional Conventions (New York, 1936). Cocking, Walter D. and Gilmore, Charles H., Organization and Administration of Public Education (Washington: Government Printing Office, 1938). Colvin, David L., The Bicameral Principle in the New York Legislature (New York: Columbia University Press, 1913). 886 Books Vol. IV Commerce Clearing House, Supplement to Taa: Systems (13th ed. ; Chicago: Tax Research Department, 1953). , Taac Systems (13th ed., Chicago: Tax Research Department, 1952). Connecticut Public Expenditure Council, Further Improve- ments in Legislative Procedure (Hartford, 1947), No. 14. Connor, Henry W., Home Rule (New Jersey Constitutional Convention Proceedings, 1947). Constitutions, State Alabama, 1901; published by the Alabama Depart- ment of Archives and History, 1946. Arizona, 1912; published by the Department of Library and Archives, Phoenix, 1951. Arkansas, 1874; published by C. G. “Crip” Hall, Sec- retary of State, 1951. California, 1879; published by J. A. Beek, Secretary of State, 1953. Colorado, 1876; published by the authority of the Sec- retary of State, 1953. Connecticut, 1818; prepared by the office of the Sec- retary of State, as amended to 1951. Delaware, 1897; published by the Secretary of State, 1952. Florida, 1887; published by R. A. Gray, Secretary of State, 1944. Georgia, 1945; published by the State, 1945. Idaho, 1890; published by George H. Curtis, Secretary of State, 1941. Illinois, 1870; issued by Charles F. Carpentier, Sec- retary of State, 1953. Indiana, 1851; published by the State Constitution Centennial Commission, Indianapolis, 1951. 887 Vol. IV Bibliography Constitutions, State—Continued Iowa, 1857; published in the Official Register, 1953– 1954, Des Moines, 1953. Kansas, 1861; issued by Paul R. Shanahan, Secretary of State, 1953. Kentucky, 1891; published by the Legislative Research Commission, Frankfort, 1952. -Louisiana, 1921; compiled by Wade O. Martin, Jr., Secretary of State, 1948. Maine, 1820; published in the Revised Statutes of Maine, 1944, I. Maryland, 1867; published by John R. Reeves, Sec- retary of State, 1953. Massachusetts, 1780; published in the Annotated Laws of Massachusetts, X. Michigan, 1909; published under the supervision of F. M. Alger, Jr., Secretary of State, 1951. Minnesota, 1857; prepared by Mike Holm, Secretary of State, 1951. Mississippi, 1890; compiled by J. P. Coleman, Attor- ney General, 1954. Missouri, 1945; published in the Annotated Missouri Statutes, 1951, I. Montana, 1889; published by the State. Nebraska, 1875; distributed by Frank Marsh, Secre- tary of State, 1953. Nevada, 1864; issued by the Department of Education, Carson City, 1952. New Hampshire, 1784; published by the Department of State, Concord, 1951. New Jersey, 1947; published by the direction of the New Jersey Legislature, 1949. New Mexico, 1912; prepared by B. B. Roach, Secretary of State, 1954. New York, 1938; issued by T. J. Curran, Secretary of State, 1953. 888 Books Vol. IV Constitutions, State—Continued North Carolina, 1876; issued by the State Superin- tendent of Public Instruction, Raleigh, 1951. North Dakota, 1889; published by Thomas Hall, Sec- retary of State, 1950. Ohio, 1851; issued by Ted W. Brown, Secretary of State, 1951. Oklahoma, 1907; published by the State, Oklahoma City, 1950. Oregon, 1859; issued by Earl T. Newbry, Secretary of State, 1954. Pennsylvania, 1874; published in Purdon's Pennsyl- vania Statutes Annotated, 1930. Rhode Island, 1843; prepared by the Secretary of State, 1951. South Carolina, 1895; published by James E. Hunter, Jr., Clerk of the House, 1950. South Dakota, 1889; issued by the Secretary of State, Pierre, 1948. Tennessee, 1870; published by Joe C. Carr, Secretary of State, 1954. Texas, 1876; published in the Teacas Almanac, 1954- 1955, Dallas, 1954. Utah, 1896; published by Lamont F. Toronto, Secre- tary of State, 1953. Vermont, 1793; published by the State, 1950. Virginia, 1902; published by the Division of Purchase and Printing, Richmond, 1953. Washington, 1889; published by Earl Coe, Secretary of State, 1953. West Virginia, 1872; published by the State, Charles- ton, 1939. Wisconsin, 1848; published in the Wisconsin Blue Book, 1952. Wyoming, 1890; compiled by A. G. Crane, Secretary of State, 1949. 889 Vol. IV Bibliography Cooley, Thomas M., Constitutional Limitations (3rd ed. ; Boston: Little, Brown and Co., 1874). , A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union (8th ed. ; Boston : Little, Brown and Co., 1927). Cooper, Weldon, Metropolitan County—A Survey of Gov- f ernment in the Birmingham Area (University of Ala- bama: Bureau of Public Administration, 1949). Council of State Governments, Book of the States (Chicago, 1948-1955), Vols. VII-X. , Constitutional and Statutory Provisions of the States (Chicago, 1944), Vols. 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Office of Education Leaflet No. 78, 1947). 890 Books Vol. IV Covert, Timon, State Provision for Equalizing the Cost of Public Education (U. S. Office of Education Bulletin No. 4, 1936-1937). A Crouch, Winston W., The Initiative and Referendum in Cali- formia (Los Angeles: Haynes Foundation, 1943). Csontos, M. B., and Hannon, W. E., State Court Systems, 1941. Dainow, Joseph, ed., Civil Code of Louisiana, Revision of 1870 with amendments to 1947 (St. Paul: West Pub- lishing Co., 1947). Dart, Benjamin Wall, ed., Constitutions of the State of Louisiana and Selected Federal Laws; 1953 Cumula- tive Supplement (Indianapolis: Bobbs-Merrill Co., 1932, 1953). Dealey, James Q., Growth of the American State Constitu- tions (Boston: Ginn and Co., 1915). Denbo, Bruce F., Notice by Newspaper Publication in Loui- siana, A Digest of Laws (Baton Rouge: Louisiana State University Press, 1942). Dodd, Walter F., The Revision and Amendment of State Constitutions (Baltimore: Johns Hopkins Press, 1910). Dowell, E. Foster, Constitutional Studies No. 18, “Federal- State Relations and Oklahoma’s Constitution,” pre- pared for the Oklahoma State Legislative Council (1948). Duncan, John Paul, Constitutional Studies No. 12, “County .* Government—an Analysis,” prepared for the Oklahoma State Legislative Council (1948). P-4C2 , Constitutional Studies No. 13, “County Govern- ment (Constitutional Data),” prepared for the Okla- homa State Legislative Council (1948). I’, ‘, , Constitutional Studies No. 14, “County Govern- ment (Forms),” prepared for the Oklahoma State Legislative Council (1948). Fairlie, J. A. and Kneier, C. M., County Government and Administration (New York: The Century Co., 1930). 891 Vol. IV Bibliography Farmer, Hallie, Legislative Apportionment (Bureau of Public Administration, University of Alabama, 1944). , - Faust, Martin L. and Steinbicker, Paul J., Manual on the Amending Procedure and the Initiative and Referen- dum, prepared for the Missouri Constitutional Con- vention of 1943 (Columbia, 1945). , “Introduction,” Manual on the Ea:ecutive Article, prepared for the Missouri Constitutional Convention of 1943 (Columbia: University of Missouri, 1943). , Manual on the Ea:ecutive Article, prepared for the Missouri Constitutional Convention of 1943 (Colum- bia: University of Missouri, 1943). , Manual on the Legislative Article, prepared for the Missouri Constitutional Convention of 1943 (Colum- bia: University of Missouri, 1943). Fesler, James W., The Independence of State Regulatory Agencies (Chicago: Public Administration Service, 1942). Ficklen, J. R., History of Reconstruction in Louisiana. (Baltimore, 1910). Field, Oliver P. and Bates, Frank G., State Government (New York: Harpers, 1928). “Florida Public Administration Clearing Service, Civil In- formation Series No. 1, “Florida’s Proposed Constitu- tional Amendments” (Gainesville: University of Flor- ida, 1950). Foote, Lucy B., “Bibliography of the Official Publications of Louisiana, 1803–1934,” American Imprints Inventory No. 19 (Baton Rouge: Louisiana Historical Records Survey, 1942). Freudenthal, Daniel K., State Aid to Local Schools (Berke- ley: University of California, Bureau of Public Ad- ministration, 1949). Friedman, Jacob A., The Impeachment of Governor William Sulzer (New York: Columbia University Press, 1939). 892 Books Vol. IV Gabbard, L. P. and Bradshaw, H. C., Possible Savings Through Changes in Local Government, Bulletin, Texas Agricultural Experiment Station, No. 540 (April, 1937). Gilmore, Charles H. and Cocking, Walter D., Organization and Administration of Public Education (Washington: Government Printing Office, 1938). Georgia Commission to Revise the State Constitution, Re- vised Constitution of the State of Georgia (1944). Georgia Constitutional Commission, Records, 1943-1944, Vols. I-II, 1946. Girard, Richard A., The Scope for Uniformity in State Taac '* Systems (Albany: New York State Tax Commission, 1935). |Goldman, Sidney and Bland, Bertram C., The Governor’s Veto Power, prepared by the Governor's Committee on Preparatory Research for the New Jersey Constitu- tional Convention of 1947. (, , , , , and Groves, The Organization and Administra- tion of the New Jersey State Highway Department (1942). 1–112- and Skillman, George C., The Single Budget, Single State Fund and Single Fiscal Year, prepared by the Governor’s Committee on Preparatory Re- search for the New Jersey Constitutional Convention Of 1947. , Gorvine, Albert, Administrative Reorganization for Effec- tive Government Management in Nevada (Nevada Legislative Counsel Bureau, 1948). Gottlieb, R. L., Taac Burdens and Ea:emptions, Research Report No. 64, National Industrial Conference Board, 1923. Graves, W. Brooke, American State Government (Boston: D. C. 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Hawaii Legislative Reference Bureau, Bill of Rights and General Welfare (Territory of Hawaii: University of Hawaii, 1950). , Budgetary and Appropriation Provisions (Terri- tory of Hawaii: University of Hawaii, 1950). , Constitutional Amendment and Revision (Terri- tory of Hawaii: University of Hawaii, 1948). , Constitutional Provisions for Legislative Appor- tionment (Territory of Hawaii: University of Hawaii, 1950). , Ea:ecutive Officers in State Constitutions (Terri- tory of Hawaii: University of Hawaii, 1950). , Fiscal Provisions of State Constitutions (Territory of Hawaii: University of Hawaii, 1950). , Home Rule (Territory of Hawaii: University of Hawaii, 1950). , The Initiative, Referendum and Recall (Territory of Hawaii: University of Hawaii, 1950). f f —r-º- 894 Books Vol. IV Hawaii Legislative Reference Bureau, Legislative Aids (Territory of Hawaii: University of Hawaii, 1950). , Legislative Organization and Procedure (Territory of Hawaii: University of Hawaii, 1950). , , E Z , Manual on State Constitutional Provisions (Terri- tory of Hawaii: University of Hawaii, 1950). , Selected References (Territory of Hawaii: Uni- versity of Hawaii, 1950). , State Judicial Systems (Territory of Hawaii: Uni- versity of Hawaii, 1950). , Structure of State Legislatures (Territory of Hawaii, University of Hawaii, 1950). , Suffrage and Elections (Territory of Hawaii: Uni- versity of Hawaii, 1950). Haynes, Evan, The Selection and Ten wºre of Judges (Newark: National Conference of Judicial Councils, 1944), Judicial Administration Series. Hecht, Rudolph S., Municipal Finance of New Orleans, 1860–1916 (New Orleans: Hibernia Bank and Trust Co., 1916). Heinberg, J. G., Manual on Federal-State Relations, pre- pared for the Missouri Constitutional Convention of 1943 (Columbia : University of Missouri, 1943). Highsaw, R. B., Asseff, Emmett and Looper, C. E., State Supervision of Local Finance in Louisiana (Baton Rouge: Bureau of Government Research, Louisiana State University, 1951). Hillhouse, Albert M., Municipal Bonds—A Century of Ea:- perience (New York: Prentice-Hall, 1936). and Chatters, Carl H., Local Government Debt Administration (New York: Prentice-Hall, 1939). Hindman, Wilbert L., Jr., The New York Constitutional Convention of 1939: The Constituent Process and In- terest Activity (Ph.D. dissertation, University of Mich- igan). 895 Vol. IV Bibliography Historical Records Survey of the W. P. A., County Parish Boundaries in Louisiana (1939). Hitt, Homer L. and Smith, T. Lynn, The People of Loui- siana (Baton Rouge: Louisiana State University Press, 1952). Hoag, C. G. and Hallett, George H., Jr., Proportional Rep- resentation—The Key to Democracy (New York: Na- tional Municipal League, 1940). Hoar, Roger S., Constitutional Conventions: Their Nature, Powers and Limitations (Boston: Little, Brown and Co., 1917). Holloway, W. V., Constitutional Studies No. 6, “Personnel Administration in the States,” prepared for the Okla- homa State Legislative Council (1948). Hoover Commission, General Management of the Ea:ecutive Branch (Washington: Government Printing Office, 1949). House of Representatives Committee on Ways and Means, Coordination of Federal, State, and Local Taa’es (Washington, 1953). Hudson, Irby R., “Split Session,” Papers on Constitutional Revision (Knoxville: University of Tennessee, 1947), II. Hudson, Wash E., chairman, Constitutional Studies No. 15, - “Committee Report on Improvement of the Adminis- ...,’ tration of Justice,” prepared for the Oklahoma State Legislative Council (1948). Illinois Legislative Council, Problems of Constitutional Re- wision in Illinois (Springfield, 1941), Mimeo., Publi- cation No. 43. re ---, Reapportionment in Illinois (Springfield, 1945), Publication No. 66. Ö if , State Regulation of Firearms (Springfield, 1946), Publication No. 79. no. So , The Veto Power in Illinois with Special Relation to Adjournment of the Legislature (Springfield, 1943), Publication No. 56. 896 Books Vol. V Illinois Legislative Reference Bureau, Constitutional Con- wention Bulletins (1920). 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Jensen, Christen, The Pardoning Power in the American States (Chicago: University of Chicago Press, 1922). Jensen, J. P., Property Taacation in the United States (Chi- cago: University of Chicago Press, 1931). Johnson, Allen and Robinson, William A., eds., Readings in Recent American Constitutional History, 1876–1926 (New York: Scribner's Sons, 1927). Joint Report of the Auditor and Treasurer to the Governor, Result of the Investigations of the Deficiencies and Irregularities of the Consolidated, Constitutional and Baby Bonds of the State of Louisiana (Baton Rouge: Ramires-Jones Printing Co., 1916). Jones, Howard P., Constitutional Barriers to Improvement tn County Government, Report No. 1 of the Committee on County Government of the National Municipal League, XXI, No. 8 (August, 1932). 897 Vol. IV Bibliography Kansas Legislative Council, Retirement of Public Em- ‘’’ \ ployees, Publication No. 159 (1949). 5Keesecker, Ward W., State Boards of Education and Chief State School Officers, U. S. Office of Education Bulletin No. 12 (Washington: Government Printing Office, 1950). Keith, John P., City and County Home Rule in Teacas (Austin : Institute of Public Affairs, University of Texas, 1951), Public Affairs Series No. 7. , Methods of Constitutional Revision (Austin : Bureau of Municipal Research, University of Texas, 1949), Information Bulletin No. 3. Kendall, John Smith, History of New Orleans (Chicago and N. Y.: Lewis Publishing Co., 1922), Vols. I–III. Kentucky Legislative Research Commission, Merit System Legislation for Kentucky (Frankfort, 1949), Research Bulletin No. 4. Kettleborough, Charles, ed., The State Constitutions and the Federal Constitution, and Organic Laws of the Territories and Other Colonial Dependencies of the United States of America (Indianapolis: B. F. Bowen, 1918). Kies, Harry B. and McCandless, Carl A., Manual on the Bill of Rights and Suffrage and Elections, prepared for the Missouri Constitutional Convention of 1943 (Co- lumbia: University of Missouri, 1943). t KY Killough, Lucy Winsor, “Exemptions to Educational, Phil- anthropic and Religious Organizations,” Taac Eacemp- tions (New York: Tax Policy League, 1939). Kneier, C. M. and Fairlie, J. A., County Government and Administration (New York: The Century Co., 1930). Lancaster, Lane W., Government in Rural America (New York: D. Van Nostrand Co., 1952). , “Nebraska Prunes Her Legislature,” Unicameral Legislatures, Bower Aly, ed. (Columbia: Lucas Brothers, 1937), II. , “State Limitation on Local Indebtedness,” Mu- nicipal Year Book, 1936 (Chicago: International City Managers’ Association, 1936). 898 Books Vol. IV Leonard, J. M. and Mohaupt, Rosina, Ea:emptions of Home- steads from Taa’ation (Detroit: Bureau of Govern- mental Research, 1937), Report No. 144. Lepawsky, Albert, Home Rule for Metropolitan Chicago (Chicago: University of Chicago Press, 1935). Lester, William M., A Summary Comparison of State Rev- enue Systems (Atlanta: Tax Revision Committee, 1948). Lewinson, Paul, Race, Class, and Party (New York: Ox- ford University Press, 1932). Long, Huey P., comp., Constitutions of the State of Loui- siana (Baton Rouge, 1930). Looper, C. E., Asseff, Emmett and Highsaw, R. B., State Supervision of Local Finance in Louisiana (Baton Rouge: Bureau of Government Research, Louisiana State University, 1951). Louisiana, Annual, Biennial, and Special Reports of State Agencies of, Adjutant General (and Military Department) Auditor Bond and Tax Board Budget Office Commerce and Industry (Board and Department of) Conservation (Department of) Education (Department of) Health (Board of) Highways (Department of) Institutions (Department of) Labor (Department of) Land Office (Register of the) Louisiana State University and Agricultural and Mechanical College ºf ‘’’ l?? ſº * , " " ' '. Public Service Commission Public Welfare (Department of) -Public Works (Department of) Revenue (Department of) Secretary of State Tax Commission tº ". . .” Treasurer 899 Vol. IV Bibliography Louisiana Annual Report of the Comptroller's Office, 1842– 1869, 1900–1911. Louisiana Annual Report of the Department of Public Finance, 1912 to end. Louisiana Bar Association, Proceedings of 1898–1899 (New Orleans, 1899). , Proceedings of 1912–1913, Vol. 14. , Proceedings of the Annual Meeting (Baton Rouge, May 16, 17, 1919), Vol. 20. , Report of the Standing Committee on Juris- prudence and Law Reform (1951). Louisiana Constitutional Conventions Constitutional Convention, 1811-1812 Journal de la convention d’Orleans de 1811-1812. Im- primé par Jerome Bayon, pour l'usage de la Con- vention de 1844 (Jackson, La., 1844; repr. Wash- ington: Statute Law Book Co., 1931?). Constitutional Convention, 1844-1845 Journal of the Convention called for the purpose of readopting, amending or changing the Constitu- tion of the state of Louisiana convened at Jackson, August 5, 1844. Includes Journal of Proceedings from August 5–24, 1844 (New Orleans, 1844). Journal of the proceedings of the Convention . . . held in New Orleans, January 14, 1845 (New Orleans: Besancon, Ferguson and Co., 1845). Official report of debates in the Louisiana convention, August 5, 1844-January 17, 1845 (New Orleans: Besancon, Ferguson and Co., 1845). Constitutional Convention, 1852 Journal of the Convention to form a new constitution for the state of Louisiana (New Orleans: Crescent Office, 1852). Constitutional Convention, 1861 Official journal of the proceedings of the Convention of the state of Louisiana (New Orleans: J. O. Nixon, 1861). 900 Books Vol. IV Louisiana Constitutional Conventions—Continued Constitutional Convention, 1864 Official journal of the proceedings of the Convention for the revision and amendment of the Constitu- tion of the state of Louisiana (New Orleans: W. R. Fish, 1864). Debates in the Convention for the revision and amend- ment of the Constitution of the state of Loui- siana . . . New Orleans, April 6, 1864 (New Or- leans: W. R. Fish, 1864). Constitutional Convention, 1867-1868 Official journal of the proceedings of the Convention, for framing a Constitution for the state of Loui- siana (New Orleans: J. B. Roudanez and Co., 1867-1868). Constitutional Convention, 1879 Official journal of the proceedings of the Constitutional convention of the state of Louisiana . . . New Or- leans, April 21, 1879 (New Orleans: J. H. Cos- grove, 1879). Constitutional Convention, 1898 Official journal of the proceedings of the Constitutional convention of the state of Louisiana . . . New Or- leans, February, 1898 (New Orleans: H. J. Hear- sey, 1898). Calendar of the Constitutional convention of the state of Louisiana of 1898 . . . New Orleans, May, 1898 (Bound with Official journal). Constitutional Convention, 1913 Official proceedings of the Constitutional convention of the state of Louisiana . . . Baton Rouge, Novem- ber, 1913 (Published by authority). Calendar of the Constitutional convention of the state of Louisiana . . . Baton Rouge, November, 1913 (Bound with Official journal). Constitutional Convention, 1921 Official journal of the proceedings of the Constitutional convention of the state of Louisiana . . . Baton Rouge, March, 1921 (Published by authority). 901 Vol. IV Bibliography Louisiana Constitutional Conventions—Continued Constitutional Convention, 1864–Continued Calendar of the Constitutional convention of the state of Louisiana of 1921 . . . Baton Rouge, March- June, 1921 (Bound with Official journal). Louisiana Constitutions 1812 (New Orleans: J. B. Baird, 1812). 1845 (New Orleans, 1845). 1852 (New Orleans: Emile La Sere, 1854). 1861 (New Orleans: J. O. Nixon, 1861). 1864 (New Orleans, 1864). 1868 (New Orleans: Republican Office, 1868). 1879 (New Orleans: Jas. H. Cosgrove, 1879). 1898 (New Orleans: H. J. Hearsey, 1898). 1913 (Baton Rouge, 1913). 1921 (Baton Rouge, 1921). Louisiana Educational Survey Commission, Louisiana Edw- cational Survey, Carleton Washburne, director (Baton Rouge, 1942), Vols. I–VII. Louisiana Executive Budget Biennium 1946–1948 to date. Louisiana League of Women Voters, The Amending Proc- ess (June, 1953). , Absentee Registration (November, 1953). , Civilian Absentee Voting (November, 1953). , Differences Between Model System and Louisi- ama System of Permanent Registration (November, 1953). , Military Absentee Registration (November, 1953). , Military Absentee Voting (November, 1953). , The Model System and the Louisiana System of Registration of Voters (November, 1953). Residence Requirement for Voting (November, 1953). 902 Books Vol. IV Louisiana Legislative Committee on Educational Survey, Education in Louisiana, A Study and Recommendations for Improvement (May, 1948). JK977,ſº Louisiana Legislative Council, The Legislative Process in he Louisiana (February, 1953), Research Report No. 1. r) o 3 , Constitutional Revision in Louisiana—An An- alysis (1954), Research Report No. 3. – , , Report No. 2 (October 14, 1952), Refunding Bonds. , Report No. 3 (June 19, 1953), State University Governing Boards. , Report No. 4 (June 30, 1953), Non-Partisan Primaries. , Report No. 6 (September 11, 1953), Reappor- tionment of Seats in the House of Representatives. , Report No. 8 (December 1, 1953), The State General Property Taa. , Report No. 9 (December 7, 1953), Separate Criminal Courts. , Report No. 10 (December 14, 1953), Qualifica- tions to Vote: Louisiana and Other States. , Report No. 11 (December 22, 1953), Open and Closed Primaries: Louisiana and Other States. , Report No. 12 (January 13, 1954), Probation and Parole in the United States. , Report No. 15 (March 22, 1954), General Char- ity Hospitals in Louisiana. , Report No. 16 (April 13, 1954), Parish Road Administration in Louisiana. , Report No. 17 (April 14, 1954), The Louisiana State Board of Health. Report No. 20 (April 26, 1954), Homestead Taa. Eacemption in Louisiana and Other States. 903 Vol. IV Bibliography Louisiana Newspapers The Daily Picayune, April 29, 1879. The Daily True Delta, July 22, 1852. The Natchitoches Populist, May 20, 1898. The New Orleans States, January 3, 1940. The New Orleans Times, 1879–1881. The New Orleans Times-Democrat, 1881-1914. (July 2, 1884 and March 29, 1898). The Times-Picayune. The Baton Rouge State-Times. Louisiana Office of the Director of the Budget, Financial Reports, Fiscal Year Ending June 30, 1946 to date. Louisiana Ports Survey Commission, Second Annual Report of the Louisiana Ports Survey Commission, April 24, 1950. Louisiana Revenue Code Commission, Preliminary Report (April 10, 1946). Louisiana Revised Statutes Annotated (St. Paul: West Pub- lishing Co., 1953). Louisiana, Roster of Officials, Corrected to February 1, 1953, compiled by Wade O. Martin, Jr., Secretary of State. Louisiana Semi-Annual Statement of the Board of Liquida- tion, City Debt, 1892 to date. Louisiana State Law Institute, Biennial Reports to the Legislature of Louisiana, 1938 to date. , Depositions and Discovery and Pre-Trial Pro- cedures Statutes (Institute Pamphlet, May, 1952). , The Projet of a Constitution for the State of Louisiana. Eacposé de Motifs (1948). , The Projet of a Constitution for the State of Louisiana. Eacposé de Motifs (1949). 904 Books Vol. IV Louisiana State University, Bureau of Government Re- search, Administrative Reorganization in Louisiana by ''' ' ' Robert H. Weaver (1951). be 'J , Legislative Apportionment in Louisiana by Em- mett Asseff (1950). , Party Organization and Nomination in Louisi- ama by Alden L. Powell and Emmett Asseff (1952). he 14 , Registration of Voters in Louisiana by Alden L. Powell and Emmett Asseff (1951). is e_, Special Districts in Louisiana by Emmett Asseff (1951). t > , ; , State Supervision of Local Finance in Louisiana by Emmett Asseff, R. B. Highsaw, and C. E. Looper (1951). | Louisiana Tax Commission, Fifth Biennial Report for the Years, 1950-1951 (Baton Rouge, 1952). → Fourth Biennial Report for the Years, 1948–1949 (Baton Rouge, 1950). , Thirty-First Annual Report for the Year, 1947 (Baton Rouge, 1947). Luce, Robert, Legislative Assemblies (Boston: Houghton, Mifflin Co., 1924). _, Legislative Problems (Boston: Houghton, Mifflin Co., 1935). , Legislative Procedure (Boston: Houghton, Mifflin Co., 1922). MacCorkle, Stuart A., Municipal Administration (New York: Prentice-Hall, 1942). Macdonald, Austin F., American City Government and Ad- f 'ministration (4th ed.; New York: Thomas Y. Crowell Co., 1941). 905 Vol. IV Bibliography Macdonald, Austin, F., American State Government and Administration (3rd ed., New York: Thom a s Y. Crowell Co., 1946). Malmed, Leon S., State Administrative Organization and Reorganization, prepared for the Governor's Commit- tee of Preparatory Research for the New Jersey Con- stitutional Convention, Newark 1947. * Maryland Commission on Administrative Organization of the State, Second Report, Local Legislation in Mary- land (Baltimore 1952). Marx, Morstein, ed., Elements of Public Administration (New York: Prentice-Hall Co., 1946). Massachusetts Constitutional Convention Debates (1917– 1918), III. McBain, Howard Lee, The Law and Practice of Municipal Home Rule (New York: Columbia University Press, 1916). McCandless, Carl A. and Kies, Harry B., Manual on the Bill of Rights and Suffrage and Elections, prepared for the Missouri Constitutional Convention of 1943 (Columbia: University of Missouri, 1943). McCarren, K. J., “Luring Industry Through Tax Exemp- tions,” Taac Eacemptions (New York: Tax Policy League, 1939). 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Alexander, James P., “Improving the Judiciary System,” 15 Mississippi Law Journal 279 (1943). Allen, Harry S., “Marked Money,” 3 Taac Outlook (New York: Tax Foundation, 1948), No. 1, p. 15. Alwes, Berthold C., “The History of the Louisiana State Lottery Company,” 27 Louisiana. Historical Quarterly 964-1118 (1944). “Apportionment When the Legislature Fails to Act,” 27 Washington University Law Quarterly 447 (1952). Arant, Roscoe, “Homestead Tax Exemption in Mississippi,” 11 Mississippi Law Journal 167 (1938). Arnall, E., “A New Constitution for Georgia,” 18 State Government 109-110 (1945). e , “25 Study Basic Law,” 33 National Municipal Re- 'wiew 12 (1944). Asher, Joe F. and Fordham, Jefferson B., “Home Rule in Theory and Practice,” 9 Ohio State Law Journal 18 (1948). 925 Vol. IV Bibliography Baker, Newman F. and Delong, Earl H., “The Prosecuting Attorney: Provisions of Law Organizing the Office,” 23 Journal of Criminal Law and Criminology 926–963 (1933). Barclay, T. S., “The Split Session of the California Legisla- ture,” 20 California Law Review 45 (1931). Barnett, James D., “The Executive Control of the Legisla- ture,” 41 American Law Review 384 (1907). Bebout, John, “New Jersey Legislature Submits New Con- stitution to Voters,” 33 National Municipal Review 200- 201 (1944). , “New Task for a Legislature,” 33 National Munic- ipal Review (1944). Bebout, John and Kass, Julius, “How Can New Jersey Get a New Constitution?” 6 University of Newark Law Review 49 (1941). , “The Status of Constitutional Conventions in New Jersey,” 3 University of Newark Law Review 172 (1938). Berdahl, Clarence A., “The Louisiana Constitutional Con- vention,” 15 American Political Science Review 565-568 (1921). Blake, Robert E. and Bradshaw, William L., “The Conven- tion Goes to Work,” 37 National Municipal Review 145 (March 1948). Borchard, Edwin M., “Government Liability in Tort,” 34 Yale Law Review 1 (1924). Bradshaw, William L., “Making a New Constitution,” 10 Missouri Municipal Review 3-4 (1945). , “Missouri’s Proposed New Constitution,” 39 American Political Science Review 61-65 (1945). Bradshaw, William L. and Blake, Robert E., “The Conven- tion Goes to Work,” 37 National Municipal Review 145 (March 1948). Brannon, U. D., “Missouri’s Apportionment Key in New Constitution,” 35 National Municipal Review 177-182 (1946). 926 Articles Vol. IV Buck, A. E., “Modernizing Our State Legislatures,” 195 Annals of the American Academy of Political and So- cial Science (1938), Pamphlet series No. 4. Burdette, Franklin L., “Conference Committees in the Nebraska Legislature,” 30 American Political Science Review 1114 (1936). Caldwell, John T., “Organizing State-Supported Higher Education,” 26 State Government 256-260 (1953). Caldwell, Lynton K., “Strengthening State Legislatures,” 41 American Political Science Review (1947). ...” Caldwell, Millard F., “Regional Educational Planning Makes Progress in the South,” 21 State Government 100 (1948). Campbell, Ben A., “Municipal Bonds and Certificates of Indebtedness in Louisiana,” 2 Louisiana Municipal Re- wiew 9-14 (1939). Carlson, R. E., “Economic Implications of Homestead Tax Exemptions,” 13 Journal of Land and Public Utility Economics 343 (1937). Carroll, Daniel B., “Unicameralism,” 11 University of Kan- sas City Law Review 4 (1942). Carter, E. W., Callender, C. N. and Rohlfing, C. C., eds., “The State Constitution of the Future,” 181 Annals of the American Academy of Political and Social Science (1935). Chafee, Zachariah, “Congressional Reapportionment,” 42 Harvard Law Review 1027 (1929). Chute, C. F., “The New Constitution for Missouri,” 18 State Government 111-112 (1945). “City and County Home Rule in Missouri’s New Constitu- tion,” 60 American City 127 (1945). “Commission Studies Tennessee Constitution,” 34 National Municipal Review 50-54 (1945). “Common Sense for Commonwealths,” 187 Saturday Eve- ning Post 3 (June 12, 1915). 927 Vol. IV Bibliography Connor, J. T., “The Call for a Constitutional Convention,” 3 Loyola Law Review 71-73 (1945). “Constitution Making in Georgia,” 6 Georgia Bar Journal 207-213 (1944). “Constitutional Conventions,” 4 Encyclopedia of the Social Sciences 244-247. “Constitutions Submitted,” 33 National Municipal Review 546-547 (1944). Cottrell, Edwin A. and others, “What Municipal Home Rule Means Today,” 21 National Municipal Review 12 (1932). “County Home Rule in New Missouri Constitution,” 34 National Municipal Review 198 (1945). Crosser, C. A., “Homestead Tax Relief,” 23 Iowa Law Re- 'wiew 67 (1946). , “Iowa Tries Homestead Exemption,” 28 National Municipal Review 200 (1939). Delong, Earl H. and Baker, Newman F., “The Prosecuting Attorney: Provisions of Law Organizing the Office,” 23 Journal of Criminal Law and Crimonology 926–963 (1933). Dewey, Addison E. and Glander, C. Emory, “Municipal Taxation: A Study of the Pre-emption Doctrine,” 9 Ohio State Law Journal 72 (1948). Dilworth, Richardson, “Philadelphia Home Rule Charter,” 56 Dickinson Law Review 42 (1952). Dobbs, H. W., “Procedure in State Legislatures,” Annals of the American Academy of Political and Social Science, Supplement No. 1, May 1918. Dodd, Walter F., “The Function of a State Constitution,” 30 Political Science Quarterly 201-221 (1915). , “The Proposed Unicameral Amendment,” 11 Univer- sity of Kansas City Law Review 45 (1942). Donnelly, Thomas C., “The Making of the New Mexico Constitution,” New Mearico Quarterly Review (1942). “The Making of the New Mexico Constitution, II,” New Mea:ico Quarterly Review (1942). 928 Articles Vol. IV Door, Harold M., “Judicial Interpretation of the Executive Veto in Michigan,” 28 American Political Science Re- wiew 1059 (1934). Douglas, James M., “Judicial Selection and Tenure: Mis- souri Plan Works Well in Actual Results,” 33 Ameri- can Bar Association Journal 1169 (1947). Durfee, Elizabeth, “Apportionment of Representation in the Legislature: A Study of State Constitutions,” 43 Michi- gan Law Review 1091–1092 (1945). Edwards, Arthur J., “Constitutional Methods for Revising the New Jersey Constitution,” 65 New Jersey Law Journal 369 (1942). Edwards, William H., “A Factual Summary of State Ad- ministrative Reorganizations,” 19 Southwestern So- cial Science Quarterly (June 1938). , “Has State Reorganization Succeeded,” 11 State Government 183 (October 1938). Erdman, Charles R., Jr., “The Constitution Should Be Changed by Revision,” New Jersey Municipalities (1943). Fairlie, John A., “The Veto Power of the State Governor,” 11 American Political Science Review 484 (1917). Faust, Martin L., “Reorganization in Missouri,” 35 Na- tional Municipal Review 402-407 (1946). , “Results of the Split Session System of the West Vir- ginia Legislature,” 22 American Political Science Re- view 109 (1928). Fordham, Jefferson B., “West Virginia Municipal Home Rule Proposal,” 42 West Virginia Law Quarterly 58 (1935). , “West Virginia Municipal Home Rule Proposal,” 38 West Virginia Law Quarterly 235 (1932). and Asher, Joe F., “Home Rule Powers in Theory and Practice,” 9 Ohio State Law Journal 18 (1948). 929 Vol. IV Bibliography Fordham and Pegues, “Local Government Responsibility in Tort in Louisiana,” 3 Louisiana Law Review 720 (1941). “Georgia Commission Drafts New Constitution,” 34 Na- tional Municipal Review 80 (1945). “Georgia Steps Out in Front,” 34 National Municipal Re- view 374-375 (1945). “Georgia Voters Adopt New Constitution,” 34 National Municipal Review (1945). “Georgia’s New Constitution Draws Fire,” 34 National Municipal Review (1945). Glander, C. Emory and Dewey, Addison E., “Municipal Taxation: A Study of the Pre-emption Doctrine,” 9 Ohio State Law Journal 72 (1948). “Government Tort Liability, A Symposium on the Subject,” 9 Law and Contemporary Problems 179-368 (1938). Grant, J.A.C., “Introduction of Bills,” 195 Annals of the American Academy of Political and Social Science 118 (1938). Graves, W. Brooke, “Concepts of Legislative Power in State Constitutions,” 14 Louisiana Law Review 749 (1954). , “Fourth Edition of the Model State Constitution,” 35 American Political Science Review 916–919 (1941). , “Our State Legislatures,” 195 Annals of the Ameri- can Academy of Political and Social Science (1938). Greene, Warren J. and Kaplan, Benjamin, “The Legisla- ture's Relation to Judicial Rule-Making: An Appraisal of Winnberry v. Salisbury,” 65 Harvard Law Review 234 (1951). Greer, James Kimmins, “Louisiana Politics, 1845-1861,” 12 Louisiana Historical Quarterly 595-596 (1929). Haines, Charles G., “The General Structure of Court Or- ganization,” 167 Annals of American Academy of Polit- ical and Social Science 1 (1933). Hansen, R. W., “Municipal Home Rule in Wisconsin,” 21 Marquette Law Review 74 (1937). 930 Articles Vol. IV Harris, Silas A., “The Rule-Making Power,” Annual Hand- book of the National Conference of Judicial Councils (Newark, 1942). Hart, William O., “The Constitutions of Louisiana with Some Observations on the Constitutional Convention of 1921,” 3 Louisiana. Historical Quarterly 570 – 595 (1920). , “An Interesting Incident in Connection with New Orleans Premium Bonds,” 8 Louisiana. Historical Quar- terly 248-251 (1925). Havard, William C., “The Abortive Louisiana Constitu- tional Convention of 1951,” 13 Journal of Politics 697 (1951). Hebert, Paul M., “State Law Institute As An Agency for Code Revision and Law Reform,” 4 Mercer Law Re- view 342 (1953). , “The Work of the Louisiana Supreme Court for the 1952–1953 Term,” 14 Louisiana Law Review 62 (1954). (See table on pages 70–74.) , and Lazarus, Carlos E., “The Louisiana Legislation of 1938,” 1 Louisiana Law Review 80 (1938-1939). Hendricks, Homer, “Some Legal Aspects of Constitutional Conventions,” 2 Teacas Law Review 198 (1924). Hendrickson, Robert C., “New Jersey Considers a New Constitution,” 15 State Government 231-232 (1942). Hindman, Wilbert L., “Road-Blocks to Conventions,” 37 National Municipal Review 129 (1948). , “A ‘Working Model” State Constitution,” 15 State Government 83-84 (1942). Hodes, Barnet, “The Illinois Constitution and Home Rule for Chicago,” 15 University of Chicago Law Review 78 (1947). Hubert, Leon D., “The New Louisiana Statute on Deposi- tions and Discovery,” 13 Louisiana Law Review 173 (1953). , “The Work of the Louisiana State Law Institute on Discovery, Depositions and Pre-trial Conferences,” West's Louisiana Statutes Annotated, 13:3741, 1954 Supplement, p. 20. 931 Vol. IV Bibliography Huntinton, “The Apportionment of Representatives in Congress,” 30 Transactions of the American Mathe- matical Society 85 (1928). Hyneman, Charles S., “Administrative Reorganization: An Adventure into Science and Theology,” 1 Journal of Politics 62 (1939). , “Executive-Administrative Power and Democ- racy,” 2 Public Administration Review 335 (1942). , “Political and Administrative Reform in the 1940 Legislature of Louisiana,” 3 Louisiana Law Re- wiew 1-54 (1940-1941). Ice, Harry T., “Municipal Home Rule in Indiana,” 17 Indiana Law Journal 375 (1942). Illig, Carl, “Tidelands—An Unsolved Problem,” 24 Tulane Law Review (1949). “Illinois Constitution—Shall It Be Amended or Shall There Be a Constitutional Convention,” A Symposium, 7 Illinois Law Review 42 (1912). “Item Veto in the American Constitutional System,” 25 Georgetown Law Review 106, 110, 127 (1936). Kaplan, Benjamin and Greene, Warren J., “The Legisla- ture’s Relation to Judicial Rule-Making: An Appraisal of Winberry v. Salisbury,” 65 Harvard Law Review 234 (1951). Kass, Julius and Bebout, John, “How Can New Jersey Get a New Constitution?” 6 University of Newark Law Review 49 (1941). _, “The Status of Constitutional Conventions in New Jersey,” 3 University of Newark Law Review 172 (1938). Kocourek, Albert, “Professional Opinion on the New Con- stitution,” 17 Illinois Law Review 304 (1922). Lancaster, Lane W., “Nebraska’s Experience With a One- House Legislature,” 11 University of Kansas City Law Review 24 (1942). Lance, Wesley L., “The Constitution Should Be Changed by Amendment,” New Jersey Municipalities (June, 1943). 932 Articles Vol. iV Lazarus, Carlos E. and Hebert, Paul M., “The Louisiana Legislation of 1938,” 1 Louisiana Law Review 80 (1938-1939). Loeb, Isidor, “Constitutions and Constitutional Conven- tions in Missouri,” 16 Missouri Historical Review 189-238 (1922). , “The Missouri Constitutional Amendments,” 18 American Political Science Review 329-330 (1924). , “The Missouri Constitutional Convention,” 18 Ameri- can Political Science Review 18-33 (1924). Loeb, Tess, “Constitution by Convention,” 33 National Municipal Review 14-16 (1944). , “New Constitution for Missouri,” 34 National Mu- nicipal Review 165-167 (1945). Looney, Frank J., “Suffrage in the Louisiana Constitution of 1921,” 6 Loyola Law Journal 87 (1925). Lord, Arthur, “The Massachusetts Constitution and the Constitutional Conventions,” 2 Massachusetts Law Quarterly 1 (1916). Malick, Clay P., “Terry v. Adams: Governmental Responsi- bility for the Protection of Civil Rights,” 7 Western Political Quarterly 51 (1954). Mathews, William L., Jr., “The Function of Constitutional Provisions Requiring Uniformity in Taxation,” Ken- tucky Law Journal (Nov. 1949-May 1950). May, Alonzo B., “Estimating the Effects of Homestead Ex- emptions,” 13 Journal of Land and Public Utility Economics (1937). , “The Status of Homestead Tax Exemptions in the United States,” 13 Journal of Land and Public Utility Economics 130 (1937). McElroy, V. and Thompson, C. W., “Homestead Tax Re- duction in Iowa,” 17 Iowa Studies in Business (1937). McGinty, Garnie W., “Louisiana Lottery Company,” 20 Southwestern Science Quarterly 239-248 (1940). 933 Vol. IV Bibliography McLoughlin, James J., “Municipal Indebtedness—New Orleans,” 25 Annals of the American Academy of Political and Social Science 624–627 (1905). McQuery, Elton K., “Home Rule Heaven or Hell?” 23 Colo- rado Municipalities (1947). McWilliams, Robert, “Selecting Our Judiciary,” 22 Journal of the State Bar of California 412 (1947). Meador, Lewis E., “Missouri Cities and the New Constitu- tion,” 10 Missouri Municipal Review 19-20 (1945). Melton, L. D., “Homestead Tax Exemptions,” Taa: Eacemp- tions (New York: Tax Policy League, 1939). Mendelson, W., “Paths to Constitutional Home Rule for Cities,” 6 Vanderbilt Law Review 66 (1952). Merrill, Maurice H., “Constitutional Home Rule for Cities— Oklahoma Version,” 5 Oklahoma Law Review 139 (1952). Miller, A. C., “Curbing a Metropolis in a Constitution,” 7 American Bar Association Journal 17-19 (1921). Miller, Ben R., “Minimum Judicial Procedural Standards: How Met in Louisiana,” 9 Louisiana Law Review 382– 393 (1949). Miller, William, “The Report of New Jersey’s Constitu- tional Commission,” 36 American Political Science Re- view (1942). Minnesota Institute of Governmental Research, “Ten Year Analysis of State Expenditures,” State Governmental Research Bulletin No. 20 (April, 1947). Morton, Stratford Lee, “Missouri Wins Constitutional Re- vision,” 31 National Municipal Review 591-594 (1942). National Education Association, “The Efforts of the States to Support Education as Related to Adequacy and Ability,” 14 Research Bulletin (1936). , “The State and Sectarian Education,” 24 Reserch Bulletin (1946). , “State School Finance Systems,” 20 Research Bulletin 163 (1942). , “Statutory Bases of State Foundation Programs for Schools,” 26 Research Bulletin 43-99 (1948). 934 Articles Vol. IV “New Constitution Submitted in New Jersey,” 17 State Government 340 (1944). “New Jersey Commission on Constitutional Revision Re- ports,” 33 National Municipal Review 88-89 (1944). “New Missouri Constitution Gives Cities Home Rule,” 27 Public Management 85–86 (1945). “Organization of the Sewerage and Water Board of New Orleans,” 24 American City 261-262 (1921). Owen, Kimbrough, “Blazing the Constitution Trail,” 37 National Municipal Review 140 (1948). , “The Concept of Legislative Power in Louisiana Con- stitutions,” 14 Louisiana Law Review 764 (1954). , “Constitutional Revision in Louisiana: The Prelim- inary Stage,” 20 State Government (1947). , “The Need for Constitutional Revision in Louisiana,” 8 Louisiana Law Review 1 (1947). , “New Era in Government—Municipal Home Rule,” 17 Louisiana Municipal Review 3-5 (1953). Parker, Walter, “How All-Time Prosperity for New Orleans Can Be Assured,” Official Daily Court Record (April 30, 1947). Pegues and Fordham, “Local Government Responsibility in Tort in Louisiana,” 3 Louisiana Law Review 720 (1941). Peppin, J. C., “Municipal Home Rule in California,” 30 California Law Review 1 (1941). , “California Municipal Home Rule: Section 11 of Article XI of the California Constitution,” 32 Califor- nia Law Review 341 (1944). , “California Municipal Home Rule: Sections 12 and 13 of Article XI of the California Constitution,” 34 California Law Review 644 (1946). Peterson, H. A., “Veto Power of Illinois Governor,” 6 The John Marshall Law Quarterly 279 (1940). Phillips, Horace P., “Bonded Debt of New Orleans, 1822- 1920, Inclusive,” 3 Louisiana Historical Quarterly 596– 611 (1920). 935 Vol. IV Bibliography Potts, C. S., “Power of Legislative Bodies to Punish for Contempt,” 74 University of Pennsylvania Law Review 691, 780 (1926). Pound, Roscoe, “The Rule-Making Power of the Courts,” 12 American Bar Association. Journal 599 (1926). Powell, Alden L., “Constitutional Growth and Revision in the South,” 10 Journal of Politics 354 (1948). Prescott, Frank W., “The Executive Veto in American States,” 3 Western Political Quarterly 97 (1950). , “The Executive Veto in Southern States,” 10 Jour- mal of Politics 667 (1948). “Proceedings of the 1953 Convention,” 1 Louisiana Bar Journal 74 (1939). “The Protection of Newspaper Comment on Public Men and Public Matters,” 11 Louisiana Law Review 327 (1951). “Regional Educational Planning Makes Progress in the South,” 21 State Government (June 1947, May 1948). Rellor, Theodore L., “Organization of the Educational Sys- tem,” 265 Annals of the American Academy of Politi- cal and Social Science (1949). “Reorganization of Local Government in Minnesota,” 18 Minnesota Municipalities 102 (1933). “Report of New Jersey’s Constitutional Commission,” 30 American Political Science Review 900-906 (1936). Reynard, Charles A., “Louisiana Homestead Tax Exemp- tions—An Unlitigated Constitutional Provision,” 10 Louisiana Law Review 405, 406 (1950). Rich, Bennett M., “Convention or Commission?” 37 Na- tional Municipal Review 133 (1948). Rodenbeck, Adolph J., “The New Practice in New York,” 1 Cornell Law Quarterly 63, 66 (1916). Rohlfing, C. C., Callender, C. N. and Carter, E. W., eds., “The State Constitution of the Future,” 181 Annals of the American Academy of Political and Social Sciences (1935). 936 Articles Vol. IV Ronchetto, J. P., “Home Rule in Oregon,” 18 Oregon Law Review 216 (1939). Rosenzweig, Margaret Lybolt, “The Law of Wire Tapping,” 33 Cornell Law Quarterly 73 (1947). Ross, William D., “Louisiana’s Industrial Tax Exemption Program,” Louisiana, Business Bulletin (Baton Rouge: Louisiana State University, College of Commerce, Di- vision of Research, 1953), Vol. 15, No. 2. Satterfield, M. H., “Mississippi Provides Tax Free Homes,” 28 National Municipal Review 365 (1939). Satterthwaite, Linton, “The Essentials of a State Constitu- tion,” 4 Constitutional Review 94-101 (1920). Saye, Albert B., “Georgia’s Proposed New Constitution,” 39 American Political Science Review 459–463 (1945). Schmidt, Edward B., “Homestead Tax Exemption,” Nebraska Studies in Business (Lincoln: University of Nebraska Publication, 1938), No. 38. Scroggs, William, “Parish Government in Louisiana,” 161 Annals of the American Academy of Political and Social Science (1913). Seasongood, Murray, “Cincinnati and Home Rule,” 9 Ohio State Law Journal 98 (1948). Seld, Arthur P., “Students’ and Servicemen’s Domicile for Voting,” 32 Cornell Law Quarterly 408-413 (1947). Senning, John P., “Unicameralism Passes Test,” 33 Na- tional Municipal Review 60-66 (1944). Shenton, Clarence G., “Can the Legislature Alone Call a Constitutional Convention?” 10 Temple Law Quarterly 26 (1935). Shilling, D. C., “Some Aspects of Constitution Making in Michigan,” Michigan Academy of Sciences, Arts and Letters (1942). “Should the New Constitution Be Adopted and Why?” 17 Illinois Law Review 306 (1922). 937 Vol. IV Bibliography Shull, Charles W., “Legislative Apportionment and the Law,” 18 Temple University Law Quarterly 390 (1944). , “Reapportionment: A Chronic Problem,” 30 National Municipal Review 74 (1941). Smith, Marion B., “Education Progress in Louisiana from 1940 to 1950,” 30 Louisiana Schools 6-7 (1953). Snider, Clyde F., “Gubernatorial Disability,” 8 University of Chicago Law Review 522 (1941). Sparlin, E. E., “Home Rule By Constitutional Fiat: New Basic Law Increases Latitude of Missouri Cities,” 35 National Municipal Review 57-61 (1946). , “Interpretive Problems in the New Missouri Con- stitution,” 10 Missouri Law Review 219–228 (1945). , “Missouri Counties Streamlined,” 35 National Municipal Review 337-343 (1946). , “New Missouri State Constitution,” 36 Southwest- ern Social Science Quarterly 68-75 (1945). Stagg, Edward W., “Home Rule for Cities,” 13 Louisiana Municipal Review 3 (1950). Steinbicker, Paul G., “The Problem of Legislative Organi- zation and Procedure in Missouri,” 27 Washington University Law Quarterly 338 (1942). “Summary of Address by William L. Bradshaw presented at the 47th National Conference on Government of the National Municipal League, St. Louis, Missouri, No- vember 19, 1941,” 31 National Municipal Review 45- 47 (1942). Sunderland, Edson R., “A Study of the Justices of the Peace and Other Minor Courts,” 21 Connecticut Bar Journal 300 (1947). “A Symposium on the Missouri Constitution,” 27 Wash- ington University Law Quarterly 309-430 (1942). “Tax Forgiveness Limited in Many States,” 38 National Municipal Review 569 (1949). 938 Articles Vol. IV “Tennessee Constitution Revision Committee Reports,” 35 National Municipal Review 601-602 (1946). Thomas, Raymond D., “Exemption of Homesteads from Taxation: A Case Study in Oklahoma,” 11 Journal of Land and Public Utility Economics 256 (1935). Thompson, C. W. and McElroy, V., “Homestead Tax Re- duction in Iowa,” 17 Iowa Studies in Business (1937). Tucker, John H., jr., “The Louisiana State Law Institute,” 1 Louisiana Law Review 139 (1938). Vanderbilt, Arthur T., “The Essentials of a Sound Judicial System,” 48 Northwestern University Law Review 10 (1953). “Veto-What Constitutes an Item of an Appropriation Bill,” 50 Harvard Law Review 844 (1937). Walker, Harvey, “Let Cities Manage Themselves,” 36 Na- tional Municipal Review 625-630 (1947). , “Municipal Government in Ohio Before 1912,” 9 Ohio State Law Journal 1 (1948). Walter, David O., “Representative and Metropolitan Dis- tricts,” 27 National Municipal Review 129 (1938). , “Reapportionment and Urban Representation,” 195 Annals of the American Academy of Political and So- cial Science (1938). “Reapportionment of State Legislative Districts,” 37 Illinois Law Review 20 (1942). Warren, Earl, “A State Department of Justice,” 9 Reports of American Bar Association (1935). Weiner, J. L., “Municipal Home Rule in New York,” 37 Columbia Law Review 557 (1937). White, Thomas R., “Constitutional Changes in Matters of Home Rule and Municipal Government,” 25 Temple Law Quarterly 428 (1952). , “New Theories of Constitutional Construction,” 68 New Jersey Law Journal 265, 267, 271-273, 275, 279 (1945). 939 Vol. IV Bibliography Williams, T. Harry, “An Analysis of Some Reconstruction Attitudes,” 12 Journal of Southern History 469-486 (1946). , “The Louisiana Unification Movement of 1873,” 2 Journal of Southern History 349-369 (1945). Williams, Tyrell, “A New Constitution for Missouri’” 9 Missouri Bar Journal 262-264 (1938). Willmott, John F., et al., “The Truth About City-County Consolidation,” 2 Miami Law Quarterly 127 (1948). Willoughby, A., “Georgia Steps Out in Front With a New Constitution,” 34 National Municipal Review (1945). Writing a New Constitution: National Municipal League's Committee on State Government Reports to the St. Louis Conference, November 17–19, 1941, W. B. Graves, Chairman, 31 National Municipal Review 92-99 (1942). 940 CONCORDANCE CONCORDANCE INTRODUCTION The purpose of the Concordance is to facilitate the location of provisions of the present constitution in terms of the Projet and vice versa. For example, to determine the disposition of Article VII, Section 23 of the Constitution of 1921 in the Projet, see Part I of the Concordance under Article VII, Section 23. The Concordance indicates in this case that the provision may be found in connection with Article VI, Section 21 of the Projet. Similarly, to find the provisions of the present constitution on which a provision of the Projet is based or which it replaces, the second part of the Concordance may be used. It indicates, for example, that Article IX, Section 3 of the Projet is based on Article X, Sections 3, 4, and 16 of the present constitution. An article of the Projet marked by an asterisk indicates the Deletions section of the article. All references are to Volumes Two and Three except for provisions concerning New Orleans which can be found in Volume Four. Because of the difficult problems of analysis involved, the constitu- tional provisions on New Orleans are frequently separated from the discussion of these provisions. References to these New Orleans provisions in the Concordance indicate, there- fore, where the provision can be found and also where it is discussed. Part III of the Concordance lists the 1950 and 1952 amendments to the present constitution and indicates the Projet article in connection with which they are reprinted. 943 PART I Projet Article I and Corresponding Provisions of the Present Constitution? PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE Preamble Preamble II 7 I, 1 I, 1 II 7 I, 2 I, 2 II 8 I, 2 IV, 15 II 8 I, 3 I, 3 II 9 I, 3 XIX, 9 II 9 I, 4 I, 4 II 13 I, 5 I, 5 II 14 I, 6 I, 6 II 14 I, 7 I, 7 II 16 I, 8 XIX, 7 II 17 I, 9 I, 8 II 17 I, 10 I, 9 II 19 I, 11 I, 10 II 21 I, 12 I, 11 II 22 I, 12 VIII, 19 II 22 I, 12 XIX, 13 II 22 I, 13 I, 11 II 23 I, 14 I, 12 II 24 I, 15 XIX, 3 II 25 I, 16 I, 13 II 26 I, 17 I, 14 II 28 I, 18 I, 15 II 28 Projet Articles II and III and Corresponding Provisions of the Present Constitution? II, 1 II, 1 II 49 II, 2 II, 2 II 51 III, 1 III, 1 II 61 III, 2 III, 8 II 63 III, 3 V, 14 II 75 III, 4 III, 20 II 81 III, 5 III, 2 II 82 III, 6 III, 3 II 97 III, 7 III, 4 II 102 # Sections added to the present constitution by . amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 945 Vol. IV Concordance Part | Projet—Present Constitution PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME, PAGE III, 8 III, 5 II 112 III, 9 III, 9 II 113 III, 10 III, 8 II 116 III, 11 III, 10 II 119 III, 12 III, 30 II 122 III, 13 New - III, 14 III, 11 II 126 III, 15 III, 13 II 128 III, 16 III, 19 II 131 III, 17 III, 22 II 132 III, 18 III, 7 II 138 III, 19 III, 24 II 139 III, 20 III, 25 II 143 III, 21 III, 31 II 146 III, 22 III, 24 II 148 III, 23 III, 29 II 150 III, 24 III, 23 II 151 III, 25 III, 26 II 152 III, 25 V, 15 II 152 III, 26 V, 15 II 154 III, 27 V, 16 II 157 III, 28 V, 17 II 160 III, 29 III, 27 II 161 III, 30 III, 27 II 163 III, 30 V, 15 II 163 III, 31 III, 17 II 165 III, 32 III, 16 II 168 III, 33 III, 18 II 169 III, 33 III, 24 II 170 III, 34 III, 15 II 172 III, 35 III, 35 II 174 III, 36 XIX, 16 II 179 III, 37 XIX, 5 II 181 III, 38 V, 10 II 182 Projet Article IV and Corresponding Provisions of the IV, 1 IV, 2 IV, 3 IV, 4 IV, 5 IV, 6 IV, 6 IV, 1 IV, 9 IV, 10 IV, 11 IV, 1(a) IV, 2 IV, 2 (a) Present Constitution? II II II II II II II 203 206 209 210 212. 227 231 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 946 Vol. IV Projet—Present Constitution concer; * PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME, PAGE IV, 6 IV, 2 (b) II 235 IV, 6 IV, 12 II 236 IV, 6 IV, 12-a II 237 IV, 6 VI, 21 II 238 IV, 6 VI, 22 II 239 IV, 6 VI, 22(a) II 239 IV, 6 VI, 22(b) II 240 IV, 6 VI, 22 (c) II 240 IV, 6 VI, 22(d) II 240 IV, 6 VI, 22 (e) II 242 IV, 6 VI, 22 (f) II 247 IV, 6 VI, 22(g) II 254 IV, 6 VI, 22 (g) (1) II 254 IV, 6 VI, 22 (h) II 269 IV, 6 VI, 22(i) II 273 IV, 6 VI, 22 (j) II 278 IV, 6 VI, 22 (k) II 283 IV, 6 VI, 24.1 II 291 IV, 6 VI, 25 II 292 IV, 6 VI, 25.1 II 292 IV, 6 VI-A, 1 II 292 IV, 6 VI-A, 2 II 295 IV, 6 VI-A, 3 II 295 IV, 6 WI1A, 4 II 296 IV, 6 VI-A, 5 II 299 IV, 6 VI-A, 6 II 307 IV, 6 VI-A, 7 II 309 IV, 6 VI-A, 8 II 310 IV, 6 VI-A, 9 II 311 IV, 6 VI-A, 10 II 311 IV, 6 VI-A, 11 II 312 IV, 6 VI-A, 12 II 312 IV, 6 VI-A, 13 II 312 IV, 6 VI-A, 14 II 312 IV, 6 X, 9 II 313 IV, 6 X, 21 II 313 IV, 6 X, 21, Para. 2 II 314 IV, 6 XII, 14 II 315 IV, 6 XII, 17 II 318 IV, 6 XVI, 8 II 319 IV, 6 XVIII, 3 II 321 IV, 6 XVIII, 4 II 322 IV, 6 XVIII, 6 II 323 IV, 6 XVIII, 7 (3) II 324 IV, 6 XVIII, 8 II 326 IV, 6 XVIII, 10 II 328 IV, 6 XX, 1 II 335 IV, 7 IV, 8 II 336 IV, 7 XII, 13 II 337 IV, 8 III, 34 II 341 947 Vol. IV É.” Projet—Present Constitution PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE IV, 9 IV, 2 II 344 IV, 10 IV, 2 II 351 IV, 11(A) IV, 12 II 354 IV, 11 (B) (1) New IV, 11 (B) (2) IV, 12 II 361 IV, 11 (B) (3) IV, 12 II 362 IV, 11 (B) (4) IV, 12–b II 364 IV, 11 (B) (5) IV, 12 II 366 IV, 11 (C) (1) XVIII, 1 II 367 IV, 11(C) (1) XVIII, 2 II 367 IV, 11 (C) (2) VII, 59.1 II 370 IV, 11(C) (2) XII, 23 II 370 IV, 11(C) (2) XIV, 12 II 371 IV, 11 (C) (2) XVIII, 9 II 370 IV, 11 (C) (3) XVIII, 5 II 375 IV, 11 (C) (3) XVIII, 7 (1) II 374 IV, 11 (C) (3) XVIII, 7 (2) II 375 IV, 12 IV, 3 II 380 IV, 13 IV, 13 II 383 IV, 14 IV, 6 II 385 IV, 15 IV, 4 II 388 IV, 16 IV, 5 II 394 IV, 17 IV, 7 II 394 IV, 18 XIII, 5 II 396 IV, 19 VI, 3 II 397 IV, 19 VI, 4 II 398 IV, 19 VI, 5 II 398 IV, 19 VI, 6 II 399 IV, 19 VI, 7 II 400 IV, 19 VI, 8 II 400 IV, 19 VI, 9 II 401 IV, 20 IV, 14 II 408 IV, 21 XIX, 8 II 409 IV, 22 III, 33 II 411 IV, 23 XIX, 18 II 411 IV, 24 XIX, 2 II 412 Projet Article V and Corresponding Provisions of the Present Constitution? V, 1 (A) V, 1 II 428 V, 1 (A) V, 2 II 428 V, 1 (A) V, 3 II 428 V, 1 (A) V, 18 II 428 V, 1 (B) V, 2 II 441 V, 1 (B) V, 4 II 441 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 948 Vol. IV Projet—Present Constitution consº, PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME, PAGE V, 1(C) V, 2 II 443 V, 1 (D) V, 5 II 444 V, 1 (D) V, 20 II 444 V, 1 (E) V, 18 II 447 V, 2 (A) V, 2 II 450 V, 2 (A) V, 3 II 451 V, 2 (B) V, 13 II 452 V, 2 (C) V, 14 II 453 V, 2 (C) XVII, 1 II 455 V, 2 (C) XVII, 2 II 455 V, 2 (C) XVII, 3 II 455 V, 2 (C) XVII, 4 II 455 V, 2 (D) V, 13 II 460 V, 2 (E) V, 10 II 462 V, 2 (F) V, 10 II 463 V, 2 (G) V, 6 II 467 V, 2 (H) V, 6 II 472 V, 2 (H) V, 7 II 472 V, 2 (I) V, 11 II 475 V, 2 (J) V, 12 II 478 V, 2 (K) IX, 1 II 483 V, 2 (K) IX, 2 II 483 V, 3 V, 8 II 489 V, 4 New V, 5(A) New V, 5 (B) New V, 6 (A) V, 18 II 497 V, 6 (B) New *rojet Article VI and Corresponding Provisions of the Present Constitution; VI, 1 VII, 1 II 553 VI, 2 IV, 4 II 555 VI, 3 New VI, 4 VII, 40 II 559 VI, 5 XIX, 17 II 561 VI, 6 VII, 44 II 563 VI, 7 VII, 1 (2) II 564 VI, 8 VII, 3 II 565 VI, 9 VII, 15 II 567 VI, 9 VII, 17 II 567 VI, 9 VII, 28 II 568 VI, 9 VII, 79 II 568 VI, 10 VII, 12 II 570 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 949 Vol. 1V †" Projet-Present Constitution PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE VI, 10 VII, 18 II 571 VI, 10 VII, 27 II 571 VI, 10 VII, 30 II 571 VI, 10 VII, 81 II 571 VI, 11 VII, 2 II 580 VI, 12 VII, 50 II 581 VI, 12 VII, 73 II 582 VI, 13 VII, 8 II 583 VI, 14 VII, 4 II 591 VI, 14 VII, 5 II 591 VI, 14 VII, 6 II 591 VI, 14 VII, 7 II 592 VI, 14 VII, 39 II 593 VI, 15 VII, 9 II 599 VI, 16 (1) VII, 10 II 616 VI, 16 (1) VII, 11 II 617 VI, 16 (2) VII, 10 II 619 VI, 16 (3) VII, 10 II 624 VI, 16 (4) VII, 10 II 625 VI, 16 (5) VII, 10 II 626 VI, 16 (6) VII, 10 II 628 VI, 16 (7) VII, 10 II 629 VI, 16 (8) VII, 52 II 629 VI, 16 (8) VII, 96 II 630 VI, 17 VII, 10 II 637 VI, 17 VII, 52 II 637 VI, 17 VII, 96 II 637 VI, 18 VII, 14 II 638 VI, 19 VII, 19 II 639 VI, 19 VII, 21 II 640 VI, 19 VII, 26 II 640 VI, 19 VII, 39 II 640 VI, 20 VII, 20 II 643 VI, 20 VII, 76 II 644 VI, 20 VII, 78 II 645 VI, 21 VII, 22 II 655 VI, 21 VII, 23 II 655 VI, 21 VII, 24 II 655 VI, 22 VII, 25 II 657 VI, 22 VII, 29 II 657 VI, 22 VII, 77 II 657 VI, 22 VII, 78 II 658 VI, 23 VII, 33 II 661 VI, 23 VII, 39 II 661 VI, 24 VII, 31 II 665 VI, 24 VII, 80 II 675 VI, 24 VII, 82 II 675 VI, 24 VII, 84 II 675 VI, 24 VII, 85 II 676 VI, 24 VII, 86 II 676 950 Vol. IV Projet—Present Constitution PROJET VI, 24 VI, 24 VI, 25 VI, 25 VI, 25 VI, 25 VI, 26 VI, 26 VI, 26 VI, 26 VI, 26 VI, 27 VI, 27 VI, 28 VI, 29 VI, 30 VI, 30 VI, 30 VI, 30 VI, 30 VI, 30 VI, 30 VI, 30 VI, 30 VI, 30 VI, 31 VI, 31 VI, 32 VI, 32 VI, 32 VI, 32 VI, 33 VI, 34 VI, 34 VI, 35 VI, 36 VI, 37 VI, 37 VI, 37 VI, 38 VI, 38 VI, 39 VI, 40 VI, 40 VI, 40 VI, 41 VI, 41 VI, 41 VI, 41 VI, 41 VII, 87 VII, 95 VII, 32 VII, 34 VII, 80 VII, 82 VII, 35. VII, 80 VII, 81 VII, 82 VII, 83 I, 9 PRESENT CONSTITUTION VI, 1 (A-1) VII, 36 VII, 37 VII, 46 VII, 47 VII, 48 VII, 49 VII, 51 VII, 89 VII, 90 VII, 91 VII, 92 VII, 94 VII, 52 VII, 96 VII, 41 VII, 42 XIX, 9 I, 9 VII, 42 VII, 55 VII, 56 VII, 56 VII, 56 VII, 58 VII, 59 VII, 89 VII, 60 VII, 61 VII, 63 VII, 65 VII, 89 VII, 93 VII, 66 VII, 67 VII, 68 VII, 89 VII, 93 Concordance Part | REPRINTED AT VOLUME, PAGE II 676 II 677 II 691 II 691 II 691 II 691 II 694 II 695 II 695 II 695 II 696 II 701 II 701 II 703 II 704 II 706 II 706 II 706 II 707 II 707 II 710 II 710 II 710 II 713 II 71.4 II 730 II 731 II 740 II 740 II 740 II 74.1 II 745 II 746 II 746 II 749 II 753 II 754 II 755 II 755 II 758 II 7.58 II 760, II 761 II 761 II 762 II 764 II 764 II 764 II 765 II 765 951 Vol. IV §: ºrdance Projet—Present Constitution PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE VI, 42 VII, 70 II 767 VI, 42 VII, 71 II 767 VI, 42 VII, 72 II 767 VI, 42 VII, 89 II 767 VI, 43 VII, 6 II 774 VI, 43 VII, 19 II 774 VI, 43 VII, 33 II 774 VI, 43 VII, 51 II 774 VI, 43 VII, 96 II 774 VI, 44 New Projet Article VII and Corresponding Provisions of the Present Constitutioni VII, 1 VIII, 1 III 7 VII, 1 VIII, 16 III 9 VII, 1 (1) VIII, 1(a) III 13 VII, 1 (2) VIII, 1 III 16 VII, 1 (3) VIII, 1 (b) III 17 VII, 1 (3) VIII, 16 III 17 VII, 1 (4) VIII, 1 (c) III 20 VII, 1 (4) VIII, 1 (d) III 21 VII, 1 (4) VIII, 1 (e) III 21 VII, 2 VIII, 1(a) III 42 VII, 2 VIII, 21 III 42 VII, 3 VIII, 11 III 44 VII, 4 VIII, 6 III 46 VII, 4 VIII, 23 (a) III 46 VII, 4 VIII, 23 (b) III 46 VII, 4 VIII, 23 (c) III 47 VII, 4 XIX, 11 III 47 VII, 4 XIX, 12 III 47 VII, 5 VIII, 5 III 50 VII, 6 VIII, 13 III 57 VII, 7 VII, 69 III 59 VII, 7 VIII, 9 III 58 VII, 7 VIII, 10 III 59 VII, 7 XII, 4 III 60 VII, 8 VIII, 4 III 63 VII, 9 VIII, 22 III 73 VII, 10 VIII, 7 III 76 VII, 10 VIII, 15 III 76 VII, 11 VIII, 8 III 81 VII, 12 VIII, 20 III 81 VII, 13 VIII, 14 III 83 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 952 Vol. IV Projet—Present Constitution *"..." PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE VII, 14 VIII, 17 III 84 VII, 14 VIII, 18 III 84 VII, 15 XIX, 1 III 91 VII, 16 XIX, 4 III 92 VII, 17 XIX, 6 III 93 Projet Article VIII and Corresponding Provisions of the Present Constitutioni VIII, 1 IX, 1 III 109 VIII, 2 IX, 2 III 110 VIII, 3 IX, 3 III 111 VIII, 4 IX, 4 - III 113 VIII, 5 IX, 5 III 114 VIII, 6 IX, 6 III 116 VIII, 7 IX, 7 III 117 VIII, 8 IX, 8 III 119 VIII, 9 IX, 9 III 119 Projet Article IX and Corresponding Provisions of the Present Constitution? IX, 1 X, 1 III 135 IX, 1 X, 12 III 135 IX, 2 X, 2 III 141 IX, 3 X, 3 III 145 IX, 3 X, 4 (9) III 145 IX, 3 X, 4 (9b) III 146 IX, 3 X, 16 III 145 IX, 4 (1) X, 4 (1) III 164 IX, 4 (2) X, 4 (2) III 165 IX, 4 (3) X, 4 (2) III 167 IX, 4 (4) X, 4 (2) III 168 IX, 4 (5) X, 4 (2) III 170 IX, 4 (6) X, 4 (3) III 172 IX, 4 (7) X, 4 (3) III 173 IX, 4 (8) X, 4 (2) III 174 IX, 4 (8) X, 4 (3) III 173 IX, 4 (9) X, 4 (3) III 175 IX, 4 (10) X, 4 (3) III 176 IX, 4 (11) X, 4 (3) III 177 IX, 4 (12) X, 4 (3) III 178 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 953 Vol. IV Concordance Part I Projet—Present Constitution PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE DK, 4 (18) X, 4 (3) III 178 DX, 4 (13) X, 4(3) III 179 IX, 4 (14) X, 4 (3) III 180 IX, 4 (15) X, 4 (3) III 180 DK, 4 (16) X, 4 (8) III 181 IX, 4 (17) X, 4(3) III 182 IX, 4(18) X, 4 (3) III 185 IX, 5 X, (9) (a) III 186 IX, 6 X, 1 III 190 IX, 6 X, 7 III 190 IX, 6 X, 8 III 190 IX, 7 X, 11 III 200 IX, 7 X, 14 III 202 IX, 7 X, 15 III 202 IX, 7 X, 18 III 202 IX, 8 X, 20 III 204 IX, 9 XIX, 19 III 205 IX, 10 New IX, 11 New Projet Article X and Corresponding Provisions of the Present Constitution? X, 1 IV, 4 III 245 X, 2 New X, 3 XIV, 3 (a) III 260 X, 3 XIV, 37 III 263 X, 4 New X, 5 VI, 2 III 269 X, 5 X, 5 III 269 X, 5 X, 6 III 270 X, 5 X, 10 III 270 X, 5 X, 13 III 276 X, 5 XIV, 11 III 276 X, 5 XIV, 12 III 276 X, 5 XIV, 19 III 277 X, 5 XIV, 24.1 III 278 X, 6 New X, 7 XIV, 22 III 282 X, 8 New X, 9 XIV, 1 III 285 X, 10 XIV, 2 III 292 X, 11 XIV, 3 III 296 Y, 12 XIV, 3 (a) III 298 † Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 954 Vol. IV Projet—Present Constitution conce;* PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE X, 13 XIV, 4 III 308 X, 14 XIV, 5 III 309 X, 15 XIV, 3(b) III 310 X, 15 XIV, 6 III 310 X, 15 XIV, 30.1 III 310 X, 15 XIV, 31 III 311 X, 16 XIV, 14(a) III 312 X, 17 XIV, 9 III 320 X, 17 XIV, 20 III 320 X, 18 XIV, 10 III 322 X, 19 XIV, 22A III 325 X, 19 XIV, 29 III 324 X, 19 XIV, 29 (a) III 324 X, 20 New X, 21 XIV, 14 (m) III 333 X, 21 XIV, 18 III 335 X, 22. New Projet Article XI and Corresponding Provisions of the Present Constitutioni XI, 1 XII, 1 III 419 XI, 2 XII, 4 III 426 XI, 2 XII, 5 III 428 XI, 2 XII, 6 III 428 XI, 2 XII, 7 III 429 XI, 2 XII, 8 III 430 XI, 2 XII, 9 III 430 XI, 3 XII, 4 III 426 XI, 3 XII, 5 III 428 XI, 3 XII, 6 III 428 XI, 3 XII, 7 III 429 XI, 3 XII, 8 III 430 XI, 3 XII, 9 III 430 XI, 4 XII, 4 III 426 XI, 4 XII, 5 III 428 XI, 4 XII, 6 III 428 XI, 4 XII, 7 III 429 XI, 4 XII, 8 III 430 XI, 4 XII, 9 III 430 XI, 5 XII, 4 III 456 XI, 6 XII, 10 III 458 XI, 6 XII, 11 III 458 XI, 7 X, 10 III 467 XI, 7 XII, 9 III 460 † Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 955 Vol. IV £.” Projet—Present Constitution PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME PAGE XI, 7 XII, 14 III 461 XI, 7 XII, 15 III 464 XI, 7 XII, 16 III 468 XI, 7 XII, 17 III 469 XI, 7 XII, 18 III 470 XI, 7 XII, 19 III 471 XI, 7 XII, 20 III 472 XI, 7 XII, 21 III 472 XI, 7 XII, 22 III 472 XI, 8 X, 10 III 467 XI, 8 XII, 9 III 430 XI, 8 XII, 14 III 461 XI, 8 XII, 15 III 464 XI, 8 XII, 16 III 468 XI, 8 XII, 17 III 469 XI, 8 XII, 18 III 470 XI, 8 XII, 19 III 471 XI, 8 XII, 20 III 472 XI, 8 XII, 21 III 472 XI, 8 XII, 22 III 472 XI, 9 XII, 24 III 488 Projet Article XII and Corresponding Provisions of the Present Constitution ºf XII, 1 XIV, 15 III 511 XII, 2 XIV, 15 III 511 XII, 3 XIV, 15 III 511 XII, 4 XIV, 15 III 511 XII, 5 XIV, 15 III 511 XII, 6 XIV, 15 III 511 XII, 7 XIV, 15 III 511 XII, 8 XIV, 15 III 511 XII, 9 XIV, 15 III 511 Projet Article XIII and Corresponding Provisions of the Present Constitution f XIII, 1 XVI, 1 III 601 XIII, 1 XVI, 2 III 601 XIII, 1 XVI, 3 III 601 XIII, 1 XVI, 4 III 602 f Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tahles 956 Vol. IV Projet—Present Constitution consº, PRESENT REPRINTED AT PROJET CONSTITUTION VOLUME, PAGE XIII, 1 XVI, 5 III 602 XIII, 2 XVI, 6 III 606 XIII, 3 XIV, 30 III 610 XIII, 4 XVI, 7 III 613 XIII, 5 (A) VI, 17 III 630 XIII, 5 (B) New XIII, 5 (C) VI, 17 III 644 XIII, 5 (D) VI, 16 III 647 XIII, 5 (E) VI, 16 III 653 XIII, 5 (E) VI, 16.1 III 654 XIII, 5 (F) VI, 16.2 III 658 XIII, 5 (F) VI, 16.3 III 658 XIII, 5 (G) VI, 16 III 659 Projet Article XIV and Corresponding Provisions of the Present Constitution f XIV, 1 XXI, 1 III 691 XIV, 2 XXI, 1 III 703 XIV, 3 XXI, 1 III 704 XIV, 4 XXI, 1 III 708 XIV, 5 XXI, 1 III 721 Projet Article XV and Corresponding Provisions of the Present Constitution f XV, 1 XXII, 1 III 737 XV, 1 XXII, First III 737 XV, 2 XXII, Third III 738 XV, 3 XXII, Sixth III 740 XV, 4 XXII, Second III 746 XV, 4 XXII, Fourth III 746 XV, 4 XXII, Ninth III 747 XV, 5 New XV, 6 XXII, Fifth III 751 XV, 7 XXII, Seventh III 753 XV, 8 XXII, Eleventh III 754 XV, 9 XXII, Thirteenth III 756 XV, 9 XXV, 1 III 755 f Sections added to the present constitution by . amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 957 PART II Present Constitution Article I and Corresponding Provisions of the Projet f PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE Preamble Preamble II 7 I, 1 I, 1 II 7 I, 2 I, 2 II 8 I, 3 I, 3 II 9 I, 4 I, 4 II 13 I, 5 I, 5 II 14 I, 6 I, 6 II 14 I, 7 I, 7 II 15 I, 8 I, 9 II 17 I, 9 I, 10 II 19 I, 9 VI, 27 II 701 I, 9 VI, 32 II 739 I, 10 I, 11 II 21 I, 11 I, 12 II 22 I, 11 I, 13 II 23 I, 12 I, 14 II 24 I, 13 I, 16 II 26 I, 14 I, 17 II 28 I, 15 I, 18 II 28 Present Constitution Article II and III and Corresponding Provisions of the Projet f II, 1 II, 1 II 49 II, 2 II, 2 II 51 III, 1 III, 1 II 61 III, 2 III, 5 II 81 III, 3 III, 6 II 97 III, 4 III, 7 II 100 III, 5 III, 8 II 112 III, 6 III, * II 187 III, 7 III, 18 II 138 III, 8 III, 2 II 63 III, 8 III, 10 II 116 III, 9 III, 9 II 113 III, 10 III, 11 II 118 f Sections added to the present constitution by . amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 959 Vol. IV * Deletion, see article cited. ºne. Present Constitution—Projet PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME, PAGE III, 11 III, 14 II 126 III, 12 Repealed * II 127 III, 13 III, 15 III, 14 III, * II 187 III, 15 III, 34 II 172 III, 16 III, 32 II 168 III, 17 III, 31 II 165 III, 18 III, 33 II 169 III, 19 III, 16 II 130 III, 20 III, 4 II 81 III, 21 III, + II 188 III, 22 III, 17 II 132 III, 23 III, 24 II 150 III, 24 III, 19 II 139 III, 24 III, 22 II 148 III, 24 III, 33 II 169 III, 25 III, 20 II 143 III, 26 III, 25 II 151 III, 27 III, 29 II 161 III, 27 III, 30 II 163 III, 28 III, * II 188 III, 29 III, 23 II 150 III, 30 III, 12 II 121 III, 31 III, 21 II 146 III, 32 III, * II 188 III, 33 IV, 22 II 410 III, 34 IV, 8 II 341 III, 35 III, 35 II 172 III, 36 III, + II 189 III, 37 III, * II 189 III, 38 III, * * II 190 III, 39 III, * * II 190 III, 40 Invalid * III, 41 Invalid * III, 42 Invalid * III, 43 Invalid * III, 44 III, * II 191 * Repealed by Act 90 of 1936; not reprinted in Projet material. * Obsolete. * See Graham v. Jones, 198 La. 507, 3 So.. (2d) 761 (1941). 960 Vol. IV Present Constitution—Projet Concordance Part II Present Constitution Article IV and Corresponding Provisions of the Projet f PRESENT CONSTITUTION IV, 1 IV, 1(a) IV, 2 IV, 2 IV, 2 IV, 2 (a) IV, 2 (b) IV, 3 IV, 4 IV, 4 IV, 4 IV, 5 IV, 6 IV, 7 IV, 8 IV, 9 IV, 10 IV, 11 IV, 12 IV, 12 IV, 12 IV, 12 IV, 12 IV, 12—a IV, 12–b IV, 13 IV, 14 IV, 15 IV, 16 IPROJET IV, 1 IV, 5 IV, 6* IV, 9 IV, 10 IV, 6+ IV, 6+ IV, 12 IV, 15 VI, 2 X, 1 IV, 16 IV, 14 IV, 17 IV, 7 IV, 2 IV, 3 IV, 4 IV, 6+ IV, 11 (A) IV, 11 (B) (2) IV, 11 (B) (3) IV, 11 (B) (5) IV, 6+ IV, 11 (B) (4) IV, 13 IV, 20 I, 2 IV, * REPRINTED AT VOLUME II PAGE 203 212 227 343 351 231 235 380 387 555 245 394 389 394 336 206 208 210 236 3.54 361 362 366 237 364 383 408 8 4.17 Present Constitution Article V and Corresponding Provisions of the Projet f 9 V, 1 (A) V, 1 (A) V, 1 (B) V, 1 (C) V, 2 (A) V, 1 (A) V, 2 (A) V, 1 (B) V, 1 (D) V, 2 (G) II II II II II II II II II II 428 428 440 442 450 428 450 440 444 467 f Sections added to the present constitution by amendment in * Deletion, see article cited. 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 961 Vol. IV ;: ºne- Present Constitution—Projet PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME, PAGE V, 6 V, 2 (H) II 472 V, 7 V, 2(H) II 472 V, 8 V, 3 II 489 V, 9 v, * II 507 V, 10 III, 38 II 182 V, 10 V, 2 (E) II 462 V, 11 V, 2 (I) II 475 V, 12 V, 2 (J) II 478 V, 13 V, 2 (B) II 452 V, 13 V, 2 (D) II 459 V, 14 III, 3 II 74 V, 14 V, 2 (C) II 453 V, 15 III, 25 II 151 V, 15 III, 26 II 154 V, 15 III, 30 II 163 V, 16 III, 27 II 157 V, 17 III, 28 II 160 V, 18 V, 1(A) II 428 V, 18 V, 1 (E) II 446 V, 18 V, 6(A) II 496 V, 19 V, * II 507 V, 20 V, 1(D) II 444 V, 21 V, * II 507 V, 22 Invalid * V, 23 Invalid * V, 24 Invalid * V, 25 Invalid * V, 26 Invalid * V, 27 Invalid * V, 28 Invalid * V, 29 Invalid * V, 30 Invalid “ Present Constitution Article VI and Corresponding Provisions of the Projet f VI, 1 V, * II 508 VI, 1 (A–1) VI, 27 II 701 VI, 2 X, 5 III 269 VI, 3 IV, 19 II 396 VI, 4 IV, 19 II 396 VI, 5 IV, 19 II 396 i Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. * See Graham v. Jones, 198 La. 507, 3 So.. (2d) 761 (1941). 962 Vol. IV * Deletion, see article cited. * Repealed by Act 389 of 1938. * Dart's numbers. *Added by Act 54 of 1952. Present Constitution—Projet “..."; PRESENT REPRINTED AT CONSTITUTION PROJET "VOLUME PAGE VI, 6 IV, 19 II 396 VI, 7 IV, 19 II 396 VI, 8 IV, 19 II 396 VI, 9 IV, 19 II 396 VI, 10 Repealed “ VI, 11 V, * II 515 VI, 12 V, * II 516 VI, 13 V, * II 516 VI, 14 V, * II 516 VI, 15 V, * II 516 VI, 16 XIII, * III 663 VI, 16 XIII, 5 (D) III 645 VI, 16 XIII, 5 (E) III 652 VI, 16 XIII, 5 (G) III 659 VI, 16.1 ° XIII, 5 (E) III 652 VI, 16.2 ° IX, * III 215 VI, 16.2 ° XIII, 5 (F) III 657 VI, 16.3 * XIII, 5 (F) III 657 VI, 16.4 ° XIII, * III 663 VI, 17 XIII, 5 (A) III 629 VI, 17 XIII, 5 (C) III 643 VI, 18 V, * II 516 VI, 19 V, * II 521 VI, 19.1 ° V, * II 522 VI, 20 X, + III 362 VI, 21 IV, 6+ II 238 VI, 22(a) IV, 6+ II 239 VI, 22(b) IV, 6* II 240 VI, 22 (c) IV, 6+ II 240 VI, 22 (d) IV, 6+ II 240 VI, 22 (e) VI, 6+ II 242 VI, 22 (e) V, * II 526 VI, 22 (f) IV, 6+ II 247 VI, 22(g) IV, 6+ II 254 VI, 22 (h) IV, 6+ II 269 VI, 22 (i) IV, 6* II 273 VI, 22(j) IV, 6+ II 278 VI, 22(k) IV, 6* II 283 VI, 23 V, * II 528 VI, 24 V, * II 529 VI, 24.1 ° IV, 6 + II 291 VI, 25 IV, 6* II 292 VI, 25.1 ° IV, 6% II 292 VI, 26 V, * II 529 VI, 27 V, * II 531 963 Vol. IV Concordance Part II Present Constitution—Projet Present Constitution Article VI-A and Corresponding VI—A, 1 VI—A, 2 VI—A, 3 VI—A, 4 VI—A, 5 VI—A, 6 VI—A, 7 VI—A, 8 VI—A, 9 VI—A, 10 VI—A., 11 VI—A, 12 VI—A, 13 VI—A, 14 IV, 6* IV, 6* IV, 6* IV, 6* IV, 6* IV, 6* IV, 6* IV, 6+ IV, 6+ IV, 6+ IV, 6* IV, 6* IV, 6+ IV, 6* Provisions of the Projet f II II II II II II II II II II II II II II 292 295 295 296 299 307 309 310 311 311 312 312 312 312 Present Constitution Article VII and Corresponding VII, 1 VII, 1 (2) VII, 2 VII, 3 VII, 4 VII, 5 VII, 6 VII, 6 VII, 7 VII, 8 VII, 9 VII, 10 VII, 10 VII, 10 VII, 10 VII, 10 VII, 10 VI, 1 VI, 7 VI, 11 VI, 8 VI, 14 VI, 14 VI, 14 VI, 43 VI, 14 VI, 13 VI, 15 VI, 16 (1) VI, 16 (2) VI, 16 (3) VI, 16 (4) VI, 16 (5) VI, 16 (6) Provisions of the Projet f 553 564 580 565 590 590 590 770 590 583 598 616 619 619 625 626 628 t Sections added to the present constitution by amendment in * Deletion, see article cited. 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. 964 Vol. IV Present Constitution—Projet consº PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE VII, 10 VI, 16 (7) II 629 VII, 10 VI, 17 II 637 VII, 11 VI, 16 (1) II 616 VII, 11 VI, * II 789 VII, 12 VI, 10 II 570 VII, 13 VI, + II 789 VII, 14 VI, 18 II 638 VII, 15 VI, 9 II 567 VII, 16 VI, * II 790 VII, 17 VI, 9 II 567 VII, 18 VI, 10 II 570 VII, 19 VI, 19 II 639 VII, 19 VI, 43 II 770 VII, 20 VI, 20 II 642 VII, 21 VI, 19 II 639 VII, 22 VI, 21 II 655 VII, 23 VI, 21 II 655 VII, 24 VI, 21 II 655 VII, 25 VI, 22 II 656 VII, 26 VI, 19 II 639 VII, 27 VI, 10 II 570 VII, 28 VI, 9 II 567 VII, 29 VI, 22 II 656 VII, 30 VI, 10 II 570 VII, 31 VI, 24 II 664 VII, 32 VI, 25 II 691 VII, 33 VI, 23 II 660 VII, 33 VI, 43 II 770 VII, 34 VI, 25 II 691 VII, 35 VI, 26 II 693 VII, 36 VI, 28 II 702 VII, 37 VI, 29 II 704 VII, 38 VI, + II 790 VII, 39 VI, 14 II 590 VII, 39 VI, 19 II 639 VII, 39 VI, 23 II 660 VII, 40 VI, 4 II 559 VII, 41 VI, 32 II 739 VII, 42 VI, 32 II 739 VII, 42 VI, 33 II 745 VII, 43 VI, + II 790 VII, 44 VI, 6 II 563 VII, 45 VI, * II 791 VII, 46 VI, 30 II 706 VII, 47 VI, 30 II 706 f Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 965 Vol. IV * Deletion, see article cited. * Repealed by Act 539 of 1948. É.” Present Constitution—Projet PRESEN REPRINTED AT CONSTITUTION IPROJET VOLUME PAGE VII, 48 VI, 30 II 706 VII, 49 VI, 30 II 706 VII, 50 VI, 12 II 581 VII, 51 VI, 30 II 706 VII, 51 VI, 43 II 770 VII, 52 VI, 16 (8) II 729 VII, 52 VI, 17 II 637 VII, 52 VI, 31 II 729 VII, 53 Repealed " VII, 54 Repealed " VII, 55 VI, 34 II 745 VII, 56 VI, 34 II 745 VII, 56 VI, 35 II 749 VII, 56 VI, 36 II 753 VII, 57 VI, * II 793 VII, 58 VI, 37 II 754 VII, 59 VI, 37 II 754 VII, 59.1 IV, 11(C) (2) II 369 VII, 60 VI, 38 II 7.58 VII, 61 VI, 38 II 7.58 VII, 62 VI, + II 793 VII, 63 VI, 39 II 760 VII, 64 VI, + II 793 VII, 65 VI, 40 II 761 VII, 66 VI, 41 II 764 VII, 67 VI, 41 II 764 VII, 68 VI, 41 II 764 VII, 69 VII, 7 III 58 VII, 70 VI, 42 II 767 VII, 71 VI, 42 II 767 VII, 72 VI, 42 II 767 VII, 73 VI, 12 II 581 VII, 73 VI, * II 791 VII, 74 VI, * II 794 VII, 75 VI, * II 791 VII, 76 VI, 20 II 642 VII, 77 VI, 22 II 656 VII, 78 VI, 20 II 642 VII, 78 VI, 22 II 656 VII, 79 VI, 9 II 567 VII, 80 VI, 24 II 664 VII, 80 VI, 25 II 691 VII, 80 VI, 26 II 693 VII, 81 VI, 10 II 570 966 Vol. IV Present Constitution—Projet consºn; PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE VII, 81 VI, 26 II 693 VII, 82 VI, 24 II 664 VII, 82 VI, 25 II 691 VII, 82 VI, 26 II 693 VII, 83 VI, 26 II 693 VII, 84 VI, 24 II 664 VII, 85 VI, 24 II 664 VII, 86 VI, 24 II 664 VII, 87 VI, 24 II 664 VII, 88 VI, + II 794 VII, 89 VI, 30 II 706 VII, 89 VI, 37 II 754 VII, 89 VI, 40 II 761 VII, 89 VI, 41 II 764 VII, 89 VI, 42 II 767 VII, 90 VI, 30 II 706 VII, 91 VI, 30 II 706 VII, 92 VI, 30 II 706 VII, 93 VI, 40 II 761 VII, 93 VI, 41 II 764 VII, 93 VI, + II 792: VII, 94 VI, 30 II 706 VII, 94 (j) VI, + II 792 VII, 95 VI, 24 II 664 VII, 96 VI, 16(8) II 629 VII, 96 VI, 17 II 637 VII, 96 VI, 31 II 729 VII, 96 VI, 43 II 770 VII, 97 VI, * II 792 Present Constitution Article VIII and Corresponding Provisions of the Projet f VIII, 1 VII, 1 III 12 VIII, 1 VII, 1 (2) III 16 VIII, 1(a) VII, 1 (1) III 13 VIII, 1(a) VII, 2 III 41 VIII, 1 (b) VII, 1 (3) III 17 VIII, 1 (c) VII, 1 (4) III 20 VIII, 1 (d) VII, 1 (4) III 20 VIII, 1 (e) VII, 1 (4) III 20 VIII, 2 VII, * III 97 VIII, 3 VII, + III 97 VIII, 4 VII, 8 III 63 # Sections added to the present constitution by . amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 967 Vol. IV ºne- Present Constitution—Projet PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME AGE VIII, 5 VII, 5 III 50 VIII, 6 VII, 4 III 45 VIII, 7 VII, 10 III 76 VIII, 8 VII, 11 III 81 VIII, 9 VII, 7 III 58 VIII, 10 VII, 7 III 58 VIII, 11 VII, 3 III 43 VIII, 12 VII, * III 98 VIII, 13 VII, 6 III 56 VIII, 14 VII, 13 III 83 VIII, 15 VII, 10 III 76 VIII, 16 VII, 1 III 9 VIII, 16 VII, 1(3) III 17 VIII, 17 VII, 14 III 84 VIII, 18 VII, 14 III 84 VIII, 19 I, 12 II 22 VIII, 20 VII, 12 III 81 VIII, 21 VII, 2 III 91 VIII, 22 VII, 9 III 73 VIII, 23 (a) VII, 4 III 45 VIII, 23 (b) VII, 4 III 45 VIII, 23 (c) VII, 4 III 45 Present Constitution Article IX and Corresponding Provisions of the Projet; IX, 1 V, 2 (K) II 482 IX, 1 VIII, 1 III 109 IX, 2 V, 2 (K) II 482 IX, 2 VIII, 2 III 110 IX, 3 VIII, 3 III 111 IX, 4 VIII, 4 III 113 IX, 5 VIII, 5 III 114 IX, 6 VIII, 6 III 116 IX, 7 VIII, 7 III 117 IX, 8 VIII, 8 III 118 IX, 9 VIII, 9 III 119 Present Constitution Article X and Corresponding Provisions of the Projetf X, 1 IX, 1 III 135 X, 1 IX, 6 III 189 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 968 Vol. IV * Deletion, see article cited. * Repealed by Act 314 of 1944. Present Constitution—Projet ‘’”.” PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE X, 1 IX, * III 215 X, 2 IX, 2 III 140 X, 3 IX, 3 III 145 X, 4.1 IX, 4(1) III 164 X, 4.2 IX, 4 (2) III 165 X, 4.2 IX, 4 (3) III 167 X, 4.2 IX, 4 (4) III 168 X, 4.2 IX, 4 (5) III 170 X, 4.2 IX, 4 (8) III 173 X, 4.3 IX, 4 (6) III 172 X, 4.3 IX, 4 (7) III 172 X, 4.3 IX, 4 (8) III 173 X, 4.3 IX, 4 (9) III 175 X, 4.3 IX, 4 (10) III 176 X, 4.3 IX, 4 (11) III 177 X, 4.3 IX, 4 (12) III 178 X, 4.3 IX, 4 (13) III 178 X, 4.3 IX, 4 (13) III 179 X, 4.3 IX, 4 (14) III 180 X, 4.3 IX, 4 (15) III 180 X, 4.3 IX, 4 (17) III 182 X, 4.3 IX, 4(18) III 185 X, 4.3 IX, + III 216 X, 4.4 IX, + III 216 X, 4.5 IX, + IV 217 X, 4.6 IX, * III 217 X, 4.7 IX, + III 217 X, 4.8 IX, 4 (16) III 181 X, 4.9 IX, 3 III 145 X, 4.9 (a) IX, 5 III 185 X, 4.9 (b) IX, 3 III 145 X, 4.10 IX, + III 217 X, 4.11 Repealed ** X, 4.12 IX, * III 225 X, 4.13 IX, * III 226 X, 4.14 IX, + III 227 X, 4.15 IX, + III 227 X, 4.16 IX, + III 229 X, 5 X, 5 III 269 X, 6 Y, 5 III 269 X, 7 IX, 6 III 189 X, 8 IX, 6 III 189 X, 9 IV, 6* III 313 X, 9 X, 5 III 269 X, 10 X, 5 III 269 X, 10 XI, 7 III 467 X, 10 XI, 8 III 467 969 Vol. IV Concordance Part II Present Constitution—Projet PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE X, 10 N. O.** IV 3278 X, 10 N. O.** IV 102° X, 11 IX, 7 III 200 X, 12 IX, 1 III 135 X, 13 X, 5 III 269 X, 14 IX, 7 III 200 X, 15 IX, 7 III 200 X, 16 IX, 3 III 145 X, 17 IX, * III 231 X, 18 IX, 7 III 200 X, 19 IX, * III 231 X, 20 IX, 8 III 204 X, 21 IV, 6* II 313 X, 21 para. 2 IV, 6+ II 314 X, 22 IX, + III 232 Present Constitution Article XI and Corresponding Provisions of the Projet; XI, 1 I, + II 35 XI, I, * II 35 XI, 3 I, * II 36 XI, 4 I, * II 36 Present Constitution Article XII and Corresponding Provisions of the Projetf XII, 1 XI, 1 III 419 XII, 2 XI, * III 493 XII, 3 XI, * III 493 XII, 4 VII, 7 III 58 XII, 4 XI, 2 III 425 XII, 4 XI, 3 III 425 XII, 4 XI, 4 III 426 XII, 4 XI, 5 III 456 XII, 5 XI, 2 III 425 XII, 5 XI, 3 III 425 XII, 5 XI, 4 III 426 XII, 6 XI, 2 III 425 XII, 6 XI, 3 III 425 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. ** See New Orleans Studies in Volume Four. * For text of provision. * For discussion of provision. 970 Vol. IV Present Constitution—Projet cºnsºn; PRESENT REPRINTED AT CONSTITUTION IPROJET VOLUME PAGE XII, 6 XI, 4 III 426 XII, 7 XI, 2 III 425 XII, 7 XI, 3 III 425 XII, 7 XI, 4 III 426 XII, 8 XI, 2 III 425 XII, 8 XI, 3 III 425 XII, 8 XI, 4 III 426 XII, 9 XI, 2 III 425 XII, 9 XI, 3 III 425 XII, 9 XI, 4 III 426 XII, 9 XI, 7 III 460 XII, 9 XI, 8 III 460 XII, 10 XI, 6 III 458 XII, 11 XI, 6 III 458 XII, 12 XI, + III 493 XII, 13 IV, 7 II 460 XII, 14 IV, 6* II 315 XII, 14 XI, 7 III 460 XII, 14 XI, 8 III 460 XII, 15 XI, 7 III 460 XII, 15 XI, 8 III 460 XII, 16 XI, 7 III 460 XII, 16 XI, 8 III 460 XII, 16 N. O. ** IV 3278 XII, 16 N. O. * * IV 102° XII, 17 IV, 6+ II 318 XII, 17 XI, 7 III 460 XII, 17 XI, 8 III 460 XII, 18 XI, 7 III 460 XII, 18 XI, 8 III 460 XII, 19 XI, 7 III 460 XII, 19 XI, 8 III 460 XII, 20 XI, 7 III 460 XII, 20 XI, 8 III 460 XII, 21 XI, 7 III 460 XII, 21 XI, 8 III 460 XII, 22 XI, 7 III 460 XII, 22 XI, 8 III 460 XII, 23 IV, 11 (C) (2) II 369 XII, 24 XI, 9 III 488 # Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. ** See New Orleans Studies in Volume Four. * For text of provision. * For discussion of provision. 971 Vol. IV Concordanc º e © gºne" Present Constitution—Projet Present Constitution Article XIII and Corresponding Provisions of the Projet; PRESENT REPRINTED A.T CONSTITUTION PROJET VOLUME PAGE XIII, 1 I, * II 38 XIII, 2 I, * II 38 XIII, 3 I, * II 38 XIII, 4 I, * II 39 XIII, 5 IV, 18 II 396 XIII, 6 I, * II 39 XIII, 7 I, * II 40 XIII, 8 I, + II 40 Present Constitution Article XIV and Corresponding Provisions of the Projet; XIV, 1 X, 9 III 285 XIV, 2 X, 10 III 291 XIV, 3 X, 11 III 295 XIII, 3 (a) Y, 3 III 259 XIV, 3 (a) X, 12 III 298 XIV, 3 (b) X, 15 III 310 XIV, 3 (b) X, + III 362 XIV, 4 X, 13 III 307 XIV, 5 |X, 14 III 309 XIV, 6 X, 15 III 310 XIV, 7 X, + III 349 XIV, 8 X, + III 349 XIV, 9 X, 17 III 320 XIV, 10 X, 18 III 322 XIV, 11 X, 5 III 269 XIV, 12 Y, 5 III 269 XIV, 12 IV, 11(C) (2) II 369 XIV, 13 X, + III 350 XIV, 14 (a) X, 16 III 311 YIV, 14 (a—l) X, + III 364 XIV, 14 (m) X, 21 III 333 XIV, 14 (n) — (t) X, + III 387 XIV, 15 XII, 1 III 511 XIV, 16 X, + III 350 XIV, 17 X, + III 351 XIV, 18 X, 21 III 333 XIV, 19 X, 5 III 269 XIV, 20 X, 17 III 320 # Sections added to the present constitution by . amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 972 Vol. IV Present Constitution—Projet “..."; PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE XIV, 21 X, + III 353 XIV, 22 X, 7 III 282 XIV, 22A X, 19 III 324 XIV, 23 N. O. * * IV 3285 XIV, 23 N. O. ** IV 102–106, 145–153° XIV, 23.1 N. O. * * IV 3.298 XIV, 23.1 N. O. * * IV 106–109, 153° XIV, 23.2 N. O. * * IV 330° XIV, 23.2 N. O. * * IV 109, 110° XIV, 24 N. O. * * IV 3.32° XIV, 24 N. O. * * IV 111–133° XIV, 24.1 X, 5 III 269 XIV, 24.2–24.22 N. O. * * IV 341° XIV, 24.2–24.22 N. O. * * IV 133–137° XIV, 25 N. O. * * IV 3498 XIV, 25 N. O. * * IV 1379 XIV, 26 N. O. * * IV 349° XIV, 26 N. O. * * IV 187, 188” XIV, 27 N. O. * * IV 350° XIV, 27 N. O. * * IV 187—192* XIV, 28 N. O.** IV 3548 XIV, 28 N. O. * * IV 192–195° XIV, 29 X, 19 III 324 XIV, 29 (a) X, 19 III 324 XIV, 30 XIII, 3 III 609 XIV, 30.1 X, 15 III 310 XIV, 30.1 X, * III 392 XIV, 30.1 XIII, * III 668 XIV, 30.2 XIII, * III 668 XIV, 30.2 X, * III 392 XIV, 30.3 X, * III 392 XIV, 30.4 X, * III 393 XIV, 30.4 XIII, + III 668 XIV, 31 XIII, * III 668 XIV, 31 X, 15 III 310 XIV, 31 X, * III 393 XIV, 31.1% N. O. * * IV 359° XIV, 31.1% N. O. ** IV 195° XIV, 31.2 X, + III 353 XIV, 31.3 N. O. * * IV 360° XIV, 31.3 N. O. * * IV 196–198° X, + III 355 XIV, 31.4 * Deletion, see article cited. ** See New Orleans Studies in Volume Four. * For text of provision. * For discussion of provision. * Dart's numbers. 973 Vol. IV ºne- Present Constitution—Projet PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE XIV, 31.4 N. O. * * IV 366° XIV, 31.4 N. O.** IV 198–199° XIV, 32 X, + III 358 XIV, 33 X, + III 360 XIV, 34 X, * III 394 XIV, 35 X, + III 3.96 XIV, 36 X, + III 397 XIV, 37 X, 3 III 259 XIV, 37 X, * III 397 Present Constitution Articles XV, XVI, XVI-A, and XVH and Corresponding Provisions of the Projett XV, 1 X, + III 410 XV, 2 X, * III 410 XVI, 1 XIII, 1 III 601 XVI, 2 XIII, 1 III 601 XVI, 3 XIII, 1 III 601 XVI, 4 XIII, 1 III 602 XVI, 5 XIII, 1 III 602 XVI, 6 XIII, 2 III 606 XVI, 7 (a—k) XIII, 4 III 611 XVI, 7 (1) XIII, + III 670 XVI, 8 XIII, * III 671 XVI, 8 IV, 6+ II 319 XVI—A, 1 XIII, * III 676 XVI—A, 2 XIII, + III 677 XVI—A, 3 XIII, + III 678 XVI—A, 4 XIII, * III 678 XVI—A, 5 XIII, * III 6.79 XVI—A, 6 XIII, * III 6.79 XVI—A, 7 XIII, * III 680 XVI—A, 8 XIII, + III 680 XVI—A, 9 XIII, + III 680 XVI—A, 10 XIII, * III 682 XVII, 1 V, 2 (C) II 453 XVII, 2 V, 2 (C) II 453 XVII, 3 V, 2 (C) II 453 XVII, 4 V, 2 (C) II 453 f Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. ** See New Orleans Studies in Volume Four. * For text of provision. * For discussion of provision. 974 Vol. IV Present Constitution—Projet Concordance Part || Present Constitution Articles XVIII and XIX and Corresponding Provisions of the Projetf PRESENT CONSTITUTION XVIII, 1 XVIII, 2 XVIII, 3 XVIII, 4 XVIII, 5 XVIII, 6 XVIII, 7 (1) XVIII, 7 (2) XVIII, 7 (3) XVIII, 8 XVIII, 9 XVIII, 10 XIX, 1 XIX, 2 XIX, 3 XIX, 4 XIX, 5 XIX, 6 XIX, 7 XIX, 8 XIX, 9 XIX, 9 XIX, 10 XIX, 11 XIX, 12 XIX, 13 XIX, 14 XIX, 15 XIX, 16 XIX, 17 XIX, 18 XIX, 19 XIX, 20 XIX, 21 XIX, 22 XIX, 23 XIX, 24 PROJET IV, 11(C) (1) IV, 11(C) (1) IV, 6+ IV, 6+ IV, 11(C) (3) IV, 6+ IV, 11 (C) (3) IV, 11 (C) (3) IV, 6* IV, 6+ IV, 11 (C) (2) IV, 6* VII, 15 IV, 24 I, 15 VII, 16 III, 37 VII, 17 I, 8 IV, 21 I, 3 VI, 32 VII, + VII, 4 VII, 4 I, 12 I, * VII, + III, 36 VI, 5 IV, 23 IX, 9 X, * I, * III, * XV,” XV,” REPRINTED AT VOLUME II II II II II II II II II II II II III II II III II III II II II II III III III II II III II II II III III II II III III PAGE 367 367 321 322 374 323 374 351 191 761 761 f Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 975 Vol. IV Concordance & tº g É." Present Constitution—Projet Present Constitution Articles XX, XXI, XXII, XXIII, XXIV, and XXV and Corresponding Provisions of the Projetf PRESENT REPRINTED AT CONSTITUTION PROJET VOLUME PAGE XX, 1 IV, 6* II 335 XXI, 1 XIV, 1 III 691 XXI, 1 XIV, 2 III 703 XXI, 1 XIV, 3 III 704 XXI, 1 XIV, 4 III 707 XXI, 1 XIV, 5 III 721 XXI, 1 XIV, * III 725 XXI, 2 XIV, * III 725 XXII, 1 XV, 1 III 737 XXII, First XV, 1 III 737 XXII, Second XV, 4 III 745 XXII, Third XV, 2 III 738 XXII, Fourth XV, 4 III 745 XXII, Fifth XV, 6 III 751 XXII, Sixth XV, 3 III 739 XXII, Seventh XV, 7 III 753 XXII, Eighth Xv, * III 761 XXII, Ninth XV, 4 III 745 XXII, Tenth XV, * III 762 XXII, Eleventh XV, 8 III 754 XXII, Twelfth XV, * III 762 XXII, Thirteenth XV, 9 III 755 XXII, Fourteenth XV, * III 7.62 XXIII, 1 XV, * III 763 XXIII, 2 XV, * III 763 XXIII, 3 XV, * III 763 XXIV, 1 Xv, * III 764 XXV, 1 XV, 9 III 755 f Sections added to the present constitution by amendment in 1950 and 1952 were not considered by the Institute in drafting the Projet and do not appear in these Concordance Tables. * Deletion, see article cited. 976 PART III 1950 and 1952 Amendments to the Present Constitution By Article Amended PRESENT CONSTITUTION ARTICLE SECTION IV 2 IV II IV 12–C IV 12 (C) IV 16 VI 19.1 VI 22 VI I (A) VI 22 (G) VI 22 (L) VI 28 VI 29 VI 30 VI 22 VI—A 5 VII 31 VII 31 VII 31 VII 51 VII 69 VII 90 VII 91 VII 94 VII 95 X 4 X 4 (9) X 4 (9 b) X 10 X 10 X 10 X 10 XI 4 XII 4 XIV 12 XIV 14 (b) XIV 14 (c) XIV 14 (d-1) XIV 14 (f) XIV 15 XIV 15.1 XIV 22 XIV 38 (A)–(J) XIV 38 XIV 39 XIV 40 XIV 43 XIV 39 XV 3 XVI 8 (a) XVIII 7 (4) XVIII 10 * See Comment. YEAR ACT NO. 1952 212 1952 509 1952 307 1950 2nd E.S. 16 1952 208 1952 54 1950 552 1952 57 1952 90 1950 548 1950 563 1952 9 1952 48 1952 275 1952 284 1952 3.18 1950 560 1952 31 1950 564 1952 576 1952 437 1952 437 1952 376 1952 230 1952 448 1950 547 1952 346 1950 557 1950 561 1952 125 1952 527 1952 101 1950 566 1952 537 1952 426 1952 494 1952 122 1952 468 1952 18 1952 302 1950 551 1952 529 1950 565 1950 553 1952 245 1952 525 1950 550 1950 555 1952 521 1952 56 1950 558 REPRINTED AT VOLUME PAGE 977 Vol. IV Concordance Part | || 1950–1952 Amendments 1950 and 1952 Amendments to the Present Constitution By Act Number YEAR ACT NO. 1950 547 1950 548 1950 550 1950 551 1950 552 1950 553 1950 555 1950 557 1950 558 1950 560 1950 561 1950 563 1950 564 1950 565 1950 566 1950 2nd E.S. 16 1952 9 1952 18 1952 31 1952 48 1952 54 1952 56 1952 57 1952 90 1952 101 1952 122 1952 125 1952 208 1952 212 1952 230 1952 245 1952 275 1952 284 1952 302 1952 307 1952 318 1952 346 1952 376 1952 426 1952 437 1952 448 1952 468 1952 494 1952 509 1952 521 1952 525 1952 527 1952 529 1952 537 1952 576 # See Comment. X VI XIV XIV VI |XIV XV X XVIII VII Y VI VII XIV XII VII PRESENT CONSTITUTION ARTICLE SECTI 12 (C) 15.1 12–C 31 4 (9b) 94 14 (b) 90 and 91 4 14 (f) 14 (c) III REPRINTED AT ON VOLUME PAGE 187 288 405 35 289. 408 411 273 333 668 272 517 709. 398 60 355 663 512 670 531 522 376 512 260 39 3.71 274 417 228 678 250 283f. 301 535 365 673 147 716 365 712 182 382 3.68 210 674 409 275 398. 371 59. 978 INDEX INDEX PART I PROVISIONS OF PROJET AND PRESENT CONSTITUTION I N D E X Part I of the INDEX consists of references to the provi- sions of the present constitution and Projet. The page num- bers refer to the beginning pages of the sections containing the reference. Projet references are in bold face type; refer- ences to the present constitution are in standard type. Part II of the INDEX is a general subject matter index to all volumes. For the major issues of constitutional revision, it lists the references to Recent State Constitutions, History of Louisiana, Constitutions, Special Studies, tables, compari- sons with other states, and comments in connection with the Projet provision on the subject. 981 Vol. IV Provisions of Present Constitution and Projet A.” PART I Volume Page” A ABSENCE, leave of, civil service rules governing uniform regulations cover- ing, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 power of legislators to compel attendance of members. . . . . II 130 ABSENCE FROM STATE, governor, declaration of, to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 472 notice of return, to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . II 472 ABSENTEES, retention of right to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 43, 44 ABSENTEE VOTING, See ELECTION. legislature may provide method for. . . . . . . . . . . . . . . . . . tº º tº º III 73, 73 ABUSE, of liberty to speak, write and publish, responsibility for.... II 9 ACCOUNTS, of public funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 Supervisor of Public, See SUPERVISOR OF PUBLIC FUNDS. ACCUSATION, right of accused to be informed of nature and cause of.... II 21, 21 ACCUSED, rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 rights in criminal cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19, 21, 21 ACQUIRENDI CAUSA, II 22, 22, 23 prescription, not to run against state. . . . . . . . . . . . . . . . . . . . II 179 ACREAGE TAXES, See TAXATION. drainage and irrigation districts. . . . . . . . . . . . . . . . . . . . . . . . III 375 political subdivisions pledging for payment of refunding bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 383 ACT 110 of 1916 ratified and confirmed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 350 ACTING GOVERNOR, certificate as to emergency laws. . . . . . . . . . . . . . . . . . . . . . . . II 161 provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467, 472 salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 472 ACTIONS, See CASES; SUITS. judicial, to continue and remain unaffected by adoption of con- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 ACTS, se; BILLS; DEEDs; INVALID ACTS; LAws; UNAUTHORIZED CTS. applicable to fewer than five municipalities, effect of . . . . . . III 266 approving indebtedness, effective date of... . . . . . . . . . . . . . . II 343 Books of Acts of Legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . II 161 embrace only one object. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168 emergency, certification by governor. . . . . . . . . . . . . . . . . . . . II 161 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 983 vol. iv. .*. Provisions of Present Constitution and Projet Volume ACTS, (continued) effective upon approval of governor. . . . . . . . . . . . . . . . . . . II New Orleans home rule charter comprising, enumerated. . . III publication in official journal. . . . . . . . . . . . . . . . . . . . . . . . . . . II special and local law, mention of publication of notice of intention required. . . . II ADDITIONS TO INDUSTRIES, exemptions from taxation. . . . . . . . . . . . . . . . . . . . . . * * * * * * * * III ADDRESS, for removal of public officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . III ADEQUATE REMEDY, right to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ADJOINING STATES, concurrence in creation of interstate levee districts. . . . . . . . III ADJOURNMENT, See LEGISLATURE. consent of each house required, for period longer than three days. . . . . . . . . . . . . . . . . . . . . . II to move from original meeting place. . . . . . . . . . . . . . . . . . . II of houses of Legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II quorum necessary for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II signature of governor not required on orders, votes, resolu- tions related to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ADJUDICATION OF IMMOVABLE PROPERTY, prior to adoption of constitution, effect of . . . . . . . . . . . . . . . . III when presumed to be null. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III when state estopped setting up claim or title under. . . . . . . . III ADJUTANT GENERAL appointed by Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II duties discharged at State Capitol. . . . . . . . . . . . . . . . . . . . . . II ADMINISTRATION OF JUSTICE, remedy by due process of law and justice, without denial, partiality or unreasonable delay. . . . . . . . . . . . . . . . . . II ADMINISTRATIVE AND EXECUTIVE OFFICES, Boards and Commissions, authority of legislature to con- solidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ADMINISTRATIVE BOARDS AND OFFICERS, legislature’s power to merge or consolidate. . . . . . . . . . . . . . . II ADMINISTRATORS OF JUDICIAL EXPENSE FUND, for Peº of Orleans, duty to provide for pay to retired JUClgeS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . ADOPTED CHILDREN, rights in successions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADOPTION, children under seventeen, appellate jurisdiction of supreme court in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . jurisdiction of juvenile courts . . . . . . . . . . . . . . . . . . . . . . . . prohibition against local or special laws authorizing. . . . . . special and local laws authorizing, prohibited. . . . . . . . . . . . ADULTERATION, See FOODS AND DRUGS. food and drugs, legislature empowered to enact laws con- cerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II II II II II II II Page” 161 259 163 384 232, 266 111 14, 14 601 81 81 81 130, 131 160 204 204 204 455 455 14 188 188 583 417 625 730 388 387 516 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 984 Vol. IV Provisions of Present Constitution and Projet "...i - Volume Page” AD VALOREM TAXES, limitation on use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III . 145 political subdivision pledging for payment of refunding bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 383 ADVERTISEMENT, See PUBLICATION. of proposed local and special laws. . . . . . . . . . . . . . . . . . . . . . II 384, 385 tax sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 AERONAUTICS, airports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362 donation of sites to U. S. . . . . . . . . . . . . . . . . . . . . . . tº e º e º G - II 362 Lake Pontchartrain frontage. . . . . . . . . . . . . . . . . . . . . . . . . III 616 Orleans airport commission. . . . . . . . . . . . . . . . . . . . . . . . . . . III 613 AFFAIRS OF STATE, See GOVERNOR; LEGISLATURE; STATE. report by governor concerning. . . . . . . . . . . . . . . . . . . . . . . . . . II 452 AFFIDAVIT, See SEARCHES AND SEIZURES. charging offenses, filing in criminal district court. . . . . . . te II 676 proceeding by, in juvenile court. . . . . . . . . . . . . . . . . . . . . . . . . II 730 prosecution of misdemeanors on . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 Search warrant, affidavit to obtain. . . . . . . . . . . . . . . . . . . . . . II 15, 16 AFFIRMATION, of public officers to support state and federal constitution. . III 91, 91 warrant issued for search and seizure, to be supported by.. II 15 AGED AND INCAPACITATED STATE EMPLOYEES, See PUBLIC OFFICIALS. retirement system for, legislature not to be denied power to provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 369 AGED NEEDY INDIVIDUALS, - financial assistance to, authorized. . . . . . . . . . . . . . . . . . . . . . II 374, 326 AGENCIES, See STATE AGENCIES. governor may require written information from any officer of a state agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 459 state, referred to as political corporation when recognized as having separate legal entity. . . . . . . . . . . . . . . . . . . III 337 AGENT, PUBLIC, granting of extra compensation, fee, or allowance to, ex- press authority of law required. . . . . . . . . . . . . . . . . . II 380 special and local laws legalizing unauthorized and invalid acts of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 AGENTS, See FISCAL AGENT. prohibition against grant of extra compensation, fees or allowances to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 prohibition against local or special laws legalizing. . . . . . . . II 380, 388 AGREEMENT, payment of claim against state under, invalid and void without express authority of law. . . . . . . . . . . . . . . . . II 380 AGREEMENTS, between political corporations, when authorized. . . . . . . . . . III 331 between United States and political corporation, when au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 331 for cooperative or joint administration, when authorized... III 331 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 985 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume AGRICULTURAL AND MECHANICAL COLLEGE, See LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE. fund, amount of state debt to. . . . . . . . . . . . . . . . . . . . . . . . . . . III auditor and treasurer to keep separate books. . . . . . . . . . . III state to pay interest on debt to. . . . . . . . . . . . . . . . . . . . . . . . III AGRICULTURAL EQUIPMENT, to value of five thousand dollars, exempt from taxation. . . . III AGRICUHºl. EXPERIMENT AND RESEARCH STA- See AGRICULTURE. donation of lands to U. S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II AGRICULTURAL FAIR ASSOCIATIONS, property belonging to and used by, exempt from taxation.. III AGRICULTURAL IMPLEMENTS, to value of five thousand dollars, exempt from taxation. . . . III AGRICULTURAL PLANTS, loans by state market commission. . . . . . . . . . . . . . . . . . . . . . . II power of state to lend, underwrite, participate in, or guar- antee repayment of money used for, not affected by limitation on use of state credit, funds, or property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II AGRICULTURAL PRODUCTS, exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Gambling in futures against public policy. . . . . . . . . . . . . . . II plant facilities for processing, marketing, distributing, or storage, power of state in regard to. . . . . . . . . . . . . . II AGRICULTURAL WORKERS, occupational license tax not to be levied against. . . . . . . . . . III AGRICULTURE, See COMMISSIONER OF AGRICULTURE AND IMMIGRATION ; GAMBLING. Agriculture and Immigration Department. . . . . . . . . . . . . . . II donations and conveyances by state and its agencies, politi- cal corporations and subdivisions to United States for agricultural experiment and research stations permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II facilities for processing, marketing, distributing, or storing products of state, power of state to assist in purchase, expansion, improve- ment, or construction, not limited. . . . . . . . . . . . . . . . II power of state to provide, not affected by limitation on use of state credit, funds, or property. . . . . . . . . . . . . . . . . II industrial plans may be built by parishes and wards for processing farm and agricultural products. . . . . . . . . II III legislature directed to enact laws fostering. . . . . . . . . . . . . . II legislature may prohibit cultivation of certain crops. . . . . . II limitation on establishment of parish and ward agricultural industrial plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III minimum wages and regulation of hours of work of women and girls excepted in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI operation of parish and ward agricultural industrial plants III parish and ward agricultural industrial boards authorized III plant and animal pests, enactment of laws concerning. . . . . II Page” 460,472 472 472 176 362 175 176 364 364 176, 176 409 364, 360 189 516 362,362 364 364 364, 360 516 516 360 394 360 360 516 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 986 Vol. IV tº º * * se Ind Provisions of Present Constitution and Projet E.” Volume Page” products of the state, power of state regarding provision of facilities for processing, marketing, distributing or storage of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 prohibition against laws regulating wages, etc., of women and girls in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 prohibition against local or special laws regulating. . . . . . . . II 387, 388 purchase, expansion, improvement, or construction of agri- cultural plant, power of state to assist in, not limited II 364 regulation of, special and local laws on, prohibited. . . . . . . . II 387 AGRICULTURE AND HORTICULTURE, farm youth organizations, repayment of federal funds guaranteed by state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 355 motor fuel used in propelling farm machinery, refund of tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 293 AIRCRAFT, . motor fuel used in propelling, refund of tax. . . . . . . . . . . . . . II 239 AIRPORT DISTRICTS, creation and authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 371 AIRPORT ZONES, municipalities and parishes authorized to create. . . . . . . . . . III 324, 324 AIRPORTS, See AERONAUTICS; AVIATION. buildings near, authorization to regulate heights of . . . . . . . III 324, 324 objects of natural growth near, authorization to regulate. . III 324, 324 ALIENATION, of the fee of the bed of navigable body of water, prohibited except for reclamation. . . . . . . . . . . . . . . . . . . . . . . . . . . II 351 ALIENS, ineligible to citizenship, cannot acquire, control or own land or real property or interest therein. . . . . . . . . . . . . . . . II 41 ALIMONY TAX, See Bonds; PoliticAL CORPORATIONs; REFUNDING BONDS; TAXATION. ALLEN PARISH, Thirty-first Judicial District. . . . . . . . . . . . . . . . . . . . . . . . . . . II 668, 673 ALLEYS, special and local laws authorizing laying out, opening, clos- ing, altering, or maintaining of, prohibited. . . . . . . . . II 387 ALLOTMENT OF CASES, criminal district court, parish of Orleans. . . . . . . . . . . . . . . . II 664, 676 ALLOWANCES, extra, legislature shall have no power to grant, without express authority of law. . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 AMENDING PROCESS, III 691 AMENDMENT OF UNITED STATES CONSTITUTION, orders, votes, resolutions relating to, signature of governor not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160 AMENDMENTS, See CONSTITUTIONAL AMENDMENT. of laws by reference to title prohibited. . . . . . . . . . . . . . . . . . II 165, 165 of municipal charter, prohibited by special or local law. . . . III 245 of special legislative charter, by special or local law, when permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 987 Vol. IV Index Part I Provisions of Present Constitution and Projet - * Volume AMENDMENTS, (continued) Secretary of State, cause published. . . . . . . . . . . . . . . . . . . . . III to bills before legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how concurred in by legislature. . . . . . . . . . . . . . . . . . . . . . . II how vote recorded in journal. . . . . . . . . . . . . . . . . . . . . . . . . . II revenue bills, Senate may propose or concur in. . . . . . . . . II to Constitution, effective date. . . . . . . . . . . . . . . . . . . . . . . . . . . II III governor's issuance of proclamation of . . . . . . . . . . . . . . . . III introduction to be at first part of split session. . . . . . . . . . III introduction in legislature, time limit. . . . . . . . . . . . . . . . . . III legislature may propose at any regular session. . . . . . . . . III method of adopting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III orders, votes, resolutions relating to, signature of gover- nor not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II proposals, introduction to be in first part of split session III readings required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III voted as separate resolution. . . . . . . . . . . . . . . . . . . . . . . . III publication of proposals, provision relating thereto. . . . . III resolution proposing, summary of, to be published in IleWSpaperS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III to include concise summary. . . . . . . . . . . . . . . . . . . . . . . . III signature of governor not required on orders, votes, reso- tions relating to proposed. . . . . . . . . . . . . . . . . . . . . . . . II three readings required in each house. . . . . . . . . . . . . . . . . III time limit in legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III time of election to be prescribed by legislature. . . . . . . . . III vote by each house to be entered in journal. . . . . . . . . . . . III AMERICAN INSTITUTE OF ARCHITECTS, members of Vieux Carre Commission nominated by New Orleans chapter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III ANIMALS, See AGRICULTURE. exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III ANNUAL LEAVE, civil service rules governing uniform regulations covering, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III APPARATUS, philosophical and scientific, used for nonprofit public ex- hibition, exempt from taxation. . . . . . . . . . . . . . . . . . . . III APPEAL, See CourTS OF APPEAL; DISTRICT Courts; FIRST CITY Court of CITY OF NEW ORLEANs; JUVENILE Court; PUBLIC SERVICE COMMISSION ; SUPREME COURT. action to enforce right to register as voter. . . . . . . . . . . . . . . . III bail pending. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II cases involving homestead exemptions, to be direct to Supreme court, exception. . . . . . . . . . . . . . . . . . . . . . . . . II cases involving removal of other than state and district officers, to lie to court of appeal having jurisdiction III cases involving removal of state and district officers, to lie to Supreme court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III cases involving the denial of the right to register to vote. . III cases involving the denial of right to register to vote, to be tried without, cost summarily and by preference.. III incidental demand, to which court. . . . . . . . . . . . . . . . . . . . . . . II Page” 704, 704, 708 151 143, 143 143 132 707 704, 708 707 703 703 691 691 160 703 691 691 704 704 704 160 691 703,703 707 691 325 177 585 172 50 24 628 117 117 50 50 564 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of th taining the reference. e Section COn- 988 Vol. iv Provisions of Present Constitution and Projet E.” Volume Page” jurisdiction of appeal from judgment on reconventional demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 564 reconventional demand, to which court. . . . . . . . . . . . . . . . tº a º II 564 order of preference for trail in Supreme Court. . . . . . . . . . . II 57.1 Public Service Commission, no bond required, preference over other cases, summary trial, taking to Supreme Court, time allowed for taking. . . . . . . . . . . . . . . . . . . . II 398, return, court of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 656, 655 right of, in cases of discrimination or disciplinary action under civil service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 in cases on main demand, . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 564 in cases on reconventional and incidental demands, juris- diction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 564 Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619, 625,626, 628, 629, 616–637 applications for rehearing considered by different division II 591 civil cases, appeal upon both law and fact. . . . . . . . . . • * * * II 637, 637 probate cases, appeal upon both law and fact. . . . . . . . . . II 637, 637 to courts of appeal, when returnable. . . . . . . . . . . . . . . . . . . . II 655 APPELLATE JURISDICTION, See SUPREME COURT, appellate jurisdiction. APPOINTEES, See CIVIL SERVICE. APPOINTMENT, See GOVERNOR; LEGISLATURE; OFFICERS. governor's power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475, 478 except where legislature provides mode of filling offices created by it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475 where approval of senate not necessary. . . . . . . . . . . . . . . . II 475 public office, service as commissioner at election polls not to abridge right to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 81, 81 registrar of voters, to be by parish governing authority. . . III 84 requirement that person eligible to office be an elector where appointment is made. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 5ö to office of honor, trust, or profit, disqualifications, enu- merated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45 APPOINTMENTS, by governor, of rejected nominees, to same office during recess of Senate, prohibited. . . . . . . . . . . . . . . . . . . . . . . II 478 emergency, civil service to define and establish rules. . . . . . III 588 temporary, transient, emergency, conditional, civil service rules governing provision for, permitted. . . . . . . . . . . III 585 vacancy, by governor, failure to submit to senate names of appointees at next regular session, effect of . . . . . . II 478 APPORTIONMENT, division of state into senatorial districts each year house of representatives is apportioned. . . . . . . . . . . . . . . . . II 97 of representation in house of representatives provided for.. II 81, 82 of representatives, when changed. . . . . . . . . . . . . . . . . . . . . . . II 187 of senators, when changed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 Orleans parish, method of apportionment. . . . . . . . . . . . . . . . II 82 provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 112 representative number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 representatives in Orleans, method of . . . . . . . . . . . . . . . . . . . . II 82 transitional provision, number of representatives in each parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 112 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 989 Vol. IV ndex º - e sº º º: I Provisions of Present Constitution and Projet Volume Page” APPORTIONMENT, (continued) number of Senators for each district. . . . . . . . . . . . . . . . . . . II 100 APPROPRIATIONS, See GENERAL APPROPRIATION ACT; NEW ORLEANs. acts, effective date of... . . . . . . e tº e º 'o e g º e º e º 'º e º e º e º e e º e º 'º II 161, 161 bills, passage at first split session. . . . . . . . . . . e - e º C & G e º 'º e e II 63 power of governor to veto items in. . . . . . . . . . . . . . . . . . . . II 157 repassage of vetoed items. . . . . . . . e e e e s e e º e o e s is e e e º e s e II 157 time for passage. . . . . . . . . . . tº e º O © tº º e º e º 'º - © e º e º 'º e º 'º - © tº II 210 time limit for approval or veto by governor. . . . . . . . . . . . II 154 to be made by separate bills, embracing one object. . . . . . II 206 signature of, before adjournment. . . . . . . . . . . . . . . . . . . . . II 210 bills, general, content of... . . . . tº o e º e º e º e º e º 'º - tº e º e º e º e º 'º e º e s e º 'º e º e e II 206 itemized . . . . . . . . . . . . . . . . . . . . . © tº tº e o e º & © tº © e º 'º º e º & © tº º º II 206 Board of Levee Commissioners of Orleans Levee District, authority for . . . . . . . . e e e º 'o e º e o ºs © º & e º 'º e a c e º e o e e o e III 611 Civil Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . e & III 533 clerical and other expenses of administrative offices. . . . . . . II 444 collection of revenues in anticipation of, three-fourths vote of legislature not required. . . . . . . . . . . . . tº e º e o ſº e º 'º e e II 343 condition precedent to expenditure of money from treasury II 203 contingent prohibited. . . . . . . . . . . . . . . . . . . . . . e e º ºs e º e e º e s s II 208,209 effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * G - e º e º 'º e e II 161 enforcement of gasoline tax article. . . . . . . . . . . . . . . . . . . . . . II 312 expenses of convention drafting constitution. . . . . . . . . . . . . III 763 expenses of legislature. . . . . . . . • • - - - - - - - - - - - - - - - - - - - - - - - II 63 effective date of act providing. . . . . . . . . . . © e º e º e º e e º 'º º e II 161 may be passed at first split session. . . . . . . . . . . . . . . . . . º e II 63 expenses of state tax collector for the city of New Orlean provided for. . . . . . . . . . . . . . . . © e e o e º e º & e º G & © tº e º 'º e e III 353 extraordinary sessions, vote required. . . . . . . . . . . . . . . . . . tº e II 210 for longer term than two years prohibited. . . . . . . . . . . . . . . II 203 for private charitable purposes prohibited. . . . . . . . . . . . . . . . II 336 for specified purpose and specific amount required. . . . . . . . II 208 governor has power to veto items of appropriation bills. . . . II 157, 157 higher educational institutions, annual appropriation for maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 how made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e e II 132, 132, 206, 206, 208,209, 210, 210 how made by Board of Liquidation of State Debt. . . . . . . . . II 212, 212 insufficiency of, determination by Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . . . º e º e º ºs e º 'º º º e - C II 212 Lakefront Improvement Project, taking of private property for; compensation. . . . . . . . . . . . . . . . . . . . . . . . . & © e º 'º º III 611 legislative, not necessary, in payment of principal and interest on bonds and obligations. . . . . . . . . . . . . . . . . III 2O7 legislature's duty to make appropriations for expenses of certain offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº G II 444 legislature's duty to specify items in certain appropriations II 444 legislature may make additional, for Louisiana State Uni- versity and Agricultural and Mechanical College. . II 3.18 III 460, 469 legislature to make, for salary of courts of appeal judges.. II 639 for Supreme Court stenographers. . . . . . . . . . . . . . . . . tº e e II 567 to cover additional judges salaries and expense. . . . . © e e II 789 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 990 Vol. IV Provisions of Present Constitution and Projet A. Volume Page” making within last five days of session prohibited. . . . . . . . . II 210 Memorial Hall, Civil War relics. . . . . . . . . . . . . . . . . . . . . . . . II 322 must be for specific purposes and specific amounts. . . . . . . . II 208,209 necessity for, to draw money from treasury. . . . . . . . . . . . . II 203,203 originate in house. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132 payment of debt contracted by governor provided for. . . . . III 762 prohibition against, for private, charitable, or benevolent purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º º ge º 'º º & e II 206 purpose specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 209 specific appropriation bills, one subject only embraced within . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206 state charitable and benevolent institutions. . . . . . . . . . . . . . II 206 state public school fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315 term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 203 time for passage of appropriation bills. . . . . . . . . . . . . . . . . . II 210, 210 to pay loan for expenses of convention. . . . . . . . . . . . . . . . . . III 738, 740, 751, r 762, 763 to provide for state library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 790 to provide for Supreme Court building . . . . . . . . . . . . . . . . . II 790 to provide for Supreme Court library. . . . . . . . . . . . . . . . . . . . II 790 under title of contingent prohibited. . . . . . . . . . . . . . . . . . . . . e II 208 veto of items in appropriation bills. . . . . . . . . . . e G & & © tº dº º e e II 157 when inadequate, appropriation by Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ſº º ſº tº e II 212 where bills for must originate. . . . . . . . . . . . . . . . . . . . . . . . . . II 132, 132 ARBITRATION, duty of legislature to pass laws for. . . . . . . . . . . . . . . . . . . . II 189 ARCHITECTS, See VIEUX CARRE. Vieux Carre Commission, to preserve buildings having architectural value in Vieux Carre. . . . . . . . . . . . . . . . III 3.25 AREA, of new parishes, minimum size. . . . . . . . . . . . . . . . tº e º e e º e º 'o III 285, 285 ARMED FORCES, exemption from 1¢ gasoline tax. . . . . . . . . . . . . . . . . tº e º 'º e º 'º e II 312 loss of voting residence while serving in, prohibited. . . . . . III 43 member of, dual office holding disqualification not apply to III 92 not to be quartered in houses in time of peace without consent of owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17 to execute the laws, at call of governor. . . . . . . . . . . . . . . . . . II 453 to repel invasion, at call of governor. . . . . . . . . . tº e º ſº e º & & © e II 453 to suppress insurrection, at call of governor. . . . . . . . . . . . . II 453 ARMS, right to keep and bear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17 not to be abridged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 not to prevent laws prohibiting carrying of concealed weapons and regulating keeping and bearing of . . . . II 17 ARMY, donations and conveyances by state and its agencies, poli- tical corporations and subdivisions to United States for military posts and uses permitted. . . . . . . . . . . . . . II 362,362 ARREST, electors privileged from, during attendance on elections and going to and return, exceptions. . . . . . . . . . . . . . . III 81, 81 immunity of legislators from . . . . . . . . . . . . . . . . . . . . . . . . . . . II 127, 128 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 991 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” ARREST, (continued) of judgment, motion in, prohibition against double jeopardy inapplicable to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 person under, treatment designed to compel confession of crime, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23 ART, - - . used for nonprofit public exhibition, exempt from taxation III 172 ARTICLE, section, doubt as to reference to. . . . . . . . . . . . . . . . . . . . . . . . III 762 ARTIFICIAL NAVIGABLE WATERWAYS, See CANALS; NAVIGATION. ASCENDANTS, limitation of taxes on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 ASCENSION PARISH, Bayou Lafourche fresh water district. . . . . . . . . . . . . . . . . . III 411 ASSEMBLY, peaceable, right to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 ASSESSED VALUATION, criterion for purchase price of lands, improvements and property used for levees and highways. . . . . . . . . . . . III 606, 606 ASSESSMENT, - lands and improvements used or destroyed for levee pur- poses, to be purchased at value of preceding year. . III 606, 606 of property, correctness may be tested in courts. . . . . . . . . . III 135, 135 to be for actual value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135 taxable property in state, to be reviewed and fixed by tax commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 time for, special and local laws extending, prohibited. . . . . II 387 ASSESSMENT ROLLS, listing of property at actual cash value required. . . . . . . . . III - 135 ASSESSMENTS, See TAXATION. local improvement, constitutionality or legality of, supreme court to have appellate jurisdiction in all cases. . . . II - 626 prohibition against local or special laws extending time for II 387, 388 public improvements, legislature's power to confer author- ity to levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 ASSESSORS, See BOARD OF ASSESSORS FOR PARISH OF ORLEANS: TAXATION. board of, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320 election of, for city of New Orleans. . . . . . . . . . . . . . . . . . . . . III 320 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320, 320 employees and deputies of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 fees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 389 filling vacancies in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 59 official duties, special and local laws relieving assessor from performance of, prohibited. . . . . . . . . . . . . . . . . . . . . . . II 387, 388 provided for city of New Orleans. . . . . . . . . . . . . . . . . . . . . . III 320 qualifications of, for city of New Orleans. . . . . . . . . . . . . . . III 320 term of office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320 for city of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320 to be elected for each parish at general election. . . . . . . . . . III 320 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 992 Vol. IV © º e «» º Index Provisions of Present Constitution and Projet Part | Volume Page” ASSETS, - * where newly enlarged or created parish entitled to. . . . . . . . III 309, 309 ASSIGNMENT, - assignment of judges from district court. . . . . . . . . . . . . . . . II 695 ASSISTANCE OF COUNSEL, right of accused to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - II 19 ASSISTANT ATTORNEY GENERAL, See DISTRICT ATTORNEYS. - - member of legislative bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 753 salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 793 Selection and removal by district attorney. . . . . . . . . . . . . . II 758 ASSISTANT SECRETARY OF STATE, appointed by Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 may be removed by Secretary of State. . . . . . . . . . . . . . . . . . II 446, 447 powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 ASSISTANT STATE AUDITOR, - appointed by State Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 may be removed by State Auditor. . . . . . . . . . . . . . . . . . . . . . . II 446, 447 powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 to serve as acting auditor upon vacancy in office. . . . . . . . . . II 496 ASSISTANT STATE TREASURER, - appointed by State Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 may be removed by State Treasurer. . . . . . . . . . . . . . . . . . . . II 446, 447 powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 ASSOCIATION OF COMMERCE, of the City of New Orleans, nominates members of Vieux Carre Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 3.25 ASSOCIATIONS, See CoRPORATIONs; PARTNERSHIPs; STOCKs. agricultural fair, property belonging to and used by, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 175, 175 considered corporation if corporate powers possess. . . . . . II 40 investing, lending, pledging or donation of funds, credit, or property of state, to any association, prohibited. . II 354 special and local laws granting special or exclusive right, privilege, or immunity to, prohibited. . . . . . . . . . . . . . II 387 state and political corporations prohibited from assuming liabilities of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 state prohibited from becoming part owner of associations II 3.54 state prohibited from carrying on business of . . . . . . . . . . . . . II 354, 354 when classed as corporations. . . . . . . . . . . . . . . . . . . . . . . . . . II 40 ASSUMPTION, of liabilities by state and political corporations prohibited II 354, 354 ASSUMPTION PARISH, Bayou Lafourche fresh water district. . . . . . . . . . . . . . © e º e º s III 441 ASYLUM, See CHARITABLE INSTITUTIONs; CHARITY; STATE ASYLUMS. provision and maintenance of, not effected by limitation on use of state credit, funds, or property, in Article IV, Section 11 (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 361 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 993 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume ATCHAFALAYA RIVER, funds for bridges across. . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * II ATTENDANCE, legislators privileged from arrest during attendance of legislature . . . . . . . . . . . . . . . . . . . . . . . . . © e e g º e º e e s º º II power of legislators to compel attendance of members. . . . II ATTORNEY GENERAL, assistants of, qualifications. . . . . . . . . . . . & © e º 'º e º e º & e & & & 8 º' II Board of Commissioners of Port of New Orleans, pre- ferral of charges against member of, in removal case III dissolution of monopolies. . . . . . . . . . . . . . . . . . . e e º e º e s tº E e e > II duties to prevent monopolies, combinations and conspira- cies in restraint of trade. . . . . . . . . . . . . . . . . . . . . . . . II duties with regard to pardons, commutations, reprieves and remissions of fines and forfeitures. . . . . . . . . . . . . . . . II election of . . . . . . . . . . . . . . . . . . . . . . . . e e s ∈ e º e • e º 'º e s tº e e & 6 º' II first assistant, salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II institution of suit to remove justice of supreme court. . . . . III judges of courts of record, suit to remove. . . . . . . . . . . . . . . . III legal services for municipal fire and police civil service oard . . . . . . . . . . • e e e e e s e e e e s e e s e e º e º e º e s tº e º te e º 'º' III may appeal in cases involving removal of public officials. . III member of legislative bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . II offices of, excepted from classified civil service. . . . . . . . . . . . III power of, in civil and criminal proceedings. . . . . tº e s ∈ C e º & II power and duties, appointment of assistants. . . . . . . . . . . . . II in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may institute suit to remove judges of courts of record III may institute suit to remove officer other than governor, lieutenant governor, and judges of courts of record III membership on Board of Liquidation of the State Debt. . II membership on legislature bureau. . . . . . . . . . . . . . . . . . . . II recommendation to governor concerning granting clem- ency - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II upon written request, to institute suit to remove judges of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II removal of, upon judgment of conviction in impeachment. . III removal suit, may authorize district attorney to bring. . . . III may institute to remove judges of courts of record. . . . . III suits to remove justice of Supreme Court. . . . . . . . . . . . . . III suits to remove officers in general. . . . . . . . . . e e 9 s e º e e s e & III salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II second assistant, salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II succession to office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II suit for removal from office, procedure for . . . . . . . . . . . . . . . III where brought . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III supervision over district attorneys. . . . . . . . . . . . . . . . . . . . . . II term of office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to appoint assistants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to attend to all legal matters in which state has interest. . II to be elected every four years. . . . . . . . . . . . . . . . . . . . . . . . . . II to be legal adviser, Lake Pontchartrain Sanitary District.. to bring suit for forfeiture of public office in certain cases. . III vacancy in office, filling of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ATTORNEYS, courts of appeal, calling on to sit in cases. . . . . . . . . . . . . . . II Page” 239 127 130, 131 753 629 40 40 463,463 745, 746 793 113, 113 114, 114 568 117 146, 146 579 749, 749 745, 746 749 114 116 212 146 463 113 753, 753 110 116 114, 114 113, 113 116, 116 793 793 745 116 116 749, 749 745, 746 745, 746 749, 749 745, 746 100 745, 746 640 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 994 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” disbarment, jurisdiction of Supreme Court. . . . . . . . . . . . . . . II 616 judges not to practice law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 565, 565 exception, courts not of record, city court. . . . . . . . . . . . . II 565 may be appointed by Supreme Court to act as judge of juvenile court for parish of Orleans. . . . . . . . . . . . . . . II 570 members of convention, continuance of litigation. . . . . . . . . . III 764 Supreme Court to have exclusive original jurisdiction of disbarment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 616, 616 suspension of, by Supreme Court. . . . . . . . . . . . . . . . . . . . . © tº ſº II 616, 616 ATTORNEYS' FEES, suit to remove officer from office, judgment for defendant. . III 117 AUDIT, duty of auditor to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 497 public document, available for inspection. . . . . . . . . . . . . . . II 497 requirement for annual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 497 AUDITOR, See ExECUTIVE DEPARTMENT; STATE AUDITOR. II 427 acting, assistant to serve as, until election to fill vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 age requirement for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 appointment and removal power. . . . . . . . . . . . . . . . . . . . . . . . II 446, 428,497 appropriation for clerical and other expenses. . . . . . . . . . . . . II 444 assistant to, power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 to serve as acting auditor until election when vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 audit, to be public document, available for inspection. . . . . II 497 to retain exact copies of all reports. . . . . . . . . . . . . . . . . . . II 497 compensation, fixed by legislature. . . . . . . . . . . . . . . . . . . . . . . II 444 other than fixed by legislature, prohibited . . . . . . . . . . . . . . II 444 date term of office commences. . . . . . . . . . . . . . . . . . . . . . . . . . II 440 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 tie vote, method of election by legislature. . . . . . . . . . . . . II 442 fees charged by, to be paid into State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 may recommend suspension of custodian or collector of public funds when in arrears. . . . . . . . . . . . . . . . . . . . . III 118, 119 power and duties, annually audit records. . . . . . . . . . . . . . . . II 497 appointment and removal of assistant. . . . . . . . . . . . . . . . . II 446 have access to financial records. . . . . . . . . . . . . . . . . . . . . . . II 497 membership on Board of Liquidation of the State Debt.. II 212 of assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446 to file detailed written audit. . . . . . . . . . . . . . . . . . . . . . . . . . II 497 to furnish certified copies of audit for fee. . . . . . . . . . . . . . II 497 qualifications for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 state citizenship, requirement of . . . . . . . . . . . . . . . . . . . . . . . . II 427 term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496, 428,497 time of election of successor. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 vacancy in office, assistant auditor to serve until election.. II 496 AUDITORIUMS, property constituting, exempt from taxation. . . . . . . . . . . . . III 173 AUTOMOBILES, See MOTOR. VEHICLES. AUTREFOIS CONVICT and AUTREFOIS ACQUIT, See JEOPARDY. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 995 Vol. IV ndex tº gº * > e © º: I Provisions of Present Constitution and Projet Volume Page” AVIATION, airport districts creation and authority. . . . . . . . . . . . . . . . . . III 373 airport site on Lake Pontchartrain. . . . . . . . . . . . . . . . . . . . . . III 613 donations and conveyances by state and its agencies, poli- tical corporations and subdivisions to United States for airports, flying fields and landing fields permitted II 362, 362,366 Orleans Airport Commission. . . . . . . . . . . . . . . . . . . . . . . . . . III 613 Orleans Levee Board empowered to construct airport. . . . . III 614 AVIATION FIELDS, Board, Levee Commissioners of Orleans Levee District em- powered to construct, equip and maintain. . . . . . . . . III 611 B BAIL, excessive, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 pending appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 provisions, concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24 right to, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 unbailable offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 BALLOTS, cities of less than 2,500 excepted. . . . . . . . . . . . . . . . . . . . . . . . III 76 electors to vote by ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 for question of the retention of judges in office, form of.. II 770 to be controlled by laws governing conduct of congres- sional elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 independent candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 method of voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 names of candidates printed on ballots. . . . . . . . . . . . . . . . . . III 76 of proposal to amend constitution, order to be same as order of publication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 704 printed and distributed by state. . . . . . . . . . . . . . . . . . . . . . . . III 76 secrecy to be maintained. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 special tax elections excepted. . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 votes to be cast in secret. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 votes to be counted publicly. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 voting machines authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 writing names on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 BANK COMMISSIONER, appointment by governor authorized. . . . . . . . . . . . . . . . . . . . II 516 advice and consent of Senate necessary. . . . . . . . . . . . . . . . II 516 compensation fixed by legislature. . . . . . . . . . . . . . . . . . . . . . . II 516 powers of examiner of banks vested in. . . . . . . . . . . . . . . e s tº II 516 supervisor of homestead and building and loan associations II 516 BANKS, See NAVIGABLE WATERS. construction on, by riparian owners. . . . . . . . . . . . . . . . . . . . . III 609, 610 BANKS AND BANKING, See FISCAL AGENTS. license tax on banking institutions. . . . . . . . . . . . . . . . . . . . . . II 313 savings banks may invest in certain securities. . . . . . . . . . . TV 347, 343 BANNERS AND RELICS, preservation and safekeeping required. . . . . . . . . . . . . . . . . . . II 455 BARGES, engaged in overseas trade and commerce, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 185 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 996 Vol. IV tº - o w - lindex Provisions of Present Constitution and Projet P. | Volume Page” BATHING BEACHES, Orleans levee board empowered to establish. . . . . . . . . . . . . . III 611, 614 BATON ROUGE, capital of state. . . . . . . . . . . . . . . . . . e e o e º e º & © & 6 & e º e º o © e º e º II 236 city judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707, 774 city and parish, charter declared to be home rule. . . . . . . . . III 259 domicile of first circuit of court of appeal in . . . . . . . . . . . . . II 655 Greater Baton Rouge port commission. . . . . . . . . . . . . . . . . . III 663 plan of parish and municipal government may be adopted III 259,260, 298 seat of government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 412,412 BATON ROUGE CHARITY HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . . II 531 BATTURE, See NAVIGABLE WATERS. expropriation by municipal authority. . . . . . . . . . . . . . . . . . . . III 609, 610 property acquired for levee purposes, . . . . . . . . . . . . . . . . . . . III 606 purchases for levee purposes not required. . . . . . . . . . . . . . . . III 606 rights of riparian owners. . . . . . . . © e º e º & © e º e º e e º e º º º tº º 'º - III 609, 610 cities of over five thousand. . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 port of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 wharves and improvements, right to construct upon, limi- tations in incorporated municipalities. . . . . . . . . . . . . III 609, 610 BAYOU LAFOURCHE FRESH WATER DISTRICT, creation authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 411 BAYOU ST. JOHN, See CARONDELET CANAL. alienation prohibited if acquired by state. . . . . . . . . . . . . . . . III 351 BEACHES, Board of Levee Commissioners of Orleans Levee District empowered to create and maintain. . . . . . . . . . . . . . . . III 611, 614 BEAR ARMS, right of people to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17 BEAUREGARD PARISH, Thirtieth Judicial District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 668, 670, 673 BED OF NAVIGABLE WATERS, alienation of, for purposes of reclamation, permitted. . . . . . II 351 BEHAVIOR, PUNISHABLE, disrespect, disorderly, contemptuous, of legislature. . . . . . . . II 126 BELT RAILROAD, bond issue, city of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . IV 350 amount of bond issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 350 maturity date of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 350 terms and conditions of bonds. . . . . . . . . . . . . . . . . . . . . . . . IV 350 operation by city of New Orleans, provisions concerning.. IV 349 BENEFICIARIES, of aged and incapacitated officers of state, retirement sys- tem for, legislature not to be denied power to provide II 369 BENEVOLENT PURPOSES, See CHARITY. BENZINE, See MOTOR FUEL; MoTOR FUEL TAx OF STATE. defined for tax purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 292 refund of tax when used in commercial fishing boats, farm tractors and farm machinery. . . . . . . . . . . . . . . . . . . . II 239 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 997 Vol. IV Index Part 1 Provisions of Present Constitution and Projet BENZINE, (continued) tax on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BICAMERAL LEGISLATURE, See LEGISLATURE. legislative powers vested in. . . . . . . . . . . . . . . . . . . . . . . . . Te º a BIDDING, See COMPETITIVE BIDDING. BILL OF RIGHTS, accused. be informed of the nature and cause of accusa- 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . armed forces in time of peace not to be quartered in houses confessions, free and voluntary making required. . . . . . . . . . may be used against accused. . . . . . . . . . . . . . . . . . . . . . . . . courts open for redress of wrongs. . . . . . . . . . . . . . . . . . . . . . . criminal prosecutions, provisions concerning. . . . . . . . . . . . . due process of law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . excessive bail prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . former jeopardy, clause concerning. . . . . . . . . . . . . . . . . . . . . free and voluntary confession required. . . . . . . . . . . . . . . . . freedom of speech and press, no laws to curtail or restrain habeas corpus, suspension of writ prohibited, exception. . . justice, to be administered without denial, partiality or unreasonable delay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . legal protection of rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . liberty of Speech or of the press. . . . . . . . . . . . . . . . . . . . . . . . military subordinate to civil powers. . . . . . . . . . . . . . . . . . . . . origin and purpose of government. . . . . . . . . . . . . . . . . . . . . . peaceful assemblage right of people. . . . . . . . . . . . . . . . . . . . peremptory challenge of jurors, number fixed by law. . . . . . petition for redress of grievances. . . . . . . . . . . . . . . . . . . . . . religious freedom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . right peaceably to assemble. . . . . . . . . . . . . . . . . . . . . . . . . . . rights reserved to people. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . right to keep and bear arms. . . . . . . . . . . . . . . . . . . . . . . . . . . search and seizure, restrictions on . . . . . . . . . . . . . . . . . . . . . . self-incrimination, compelling prohibited. . . . . . . . . . . . . . . . speak, write, and publish sentiments on all subjects, liberty e e e e g c e º e º e s e e º e s e e s e º 'º e º e s e º e o e s is a e e e s e e s s a e speedy redress of wrongs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . taking of property without compensation prohibited. . . . . . unbailable offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unusual and cruel punishment prohibited. . . . . . . . . . . . . . . . BILLS, See APPROPRIATIONs; ACTS OF LEGISLATURE; LEGISLATIVE PROCEDURE. amendment, procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . appropriation bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . amount specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . effect of bills not vetoed or approved. . . . . . . . . . . . . . . . . . for expense of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . general appropriation bills, expenditures subject to in- clusion in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º 'º e itemization of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . purpose specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . origin of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . power of governor to veto items in. . . . . . . . . . . . . . . . . . . . Volume II II II II II II II II II II II Page” 292 61 7–28 21 17 22, 23 23 14, 14 19, 19 8, 8, 14 24, 24 19, 19 23 9, 9 26, 26 14 14 9 28, 28 7, 7 14, 14 21, 21 14, 14 13, 13 14 28, 28 17, 17 15, 16 22, 23, 22 9 19 14, 14 8, 8 24, 24 24, 24 143, 143 208,209 208, 209 154 63 206, 206 206 206, 209 132 157 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 998 Vol. IV Provisions of Present Constitution, and Projet E.” Volume Page” repassage of vetoed items. . . . . . . . . . . . . . . . . . . . . . . . . . . II 157 Senate may propose or concur in amendments. . . . . . . . . . II 132 Specific appropriation, only one subject embraced within II 208, 206 time for passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 210 to be made by separate bills, embracing one object. . . . . . II 206 where must originate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132, 132 approval or disapproval by governor. . . . . . . . . . . . . . . . . . . . II 154, 157, 154 becoming law for failure of Governor to approve or veto. . II 154 becoming law notwithstanding expiration of term of legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154 delivery to governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 deposited with secretary of state. . . . . . . . . . . . . . . . . . . . . . . . II 163, 163 enrolled, how passed into law. . . . . . . . . . . . . . . . . . . . . . . . . . II 151 signing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151 failure of governor to act upon, effect. . . . . . . . . . . . . . . . . . . II 154, 163 final approval in house of origin. . . . . . . . . . . . . . . . . . . . . . . . II 152 how passed into law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132, 139, 143, 148, 150, 151, 165, 168, 169, 132, 143, 151, 152, 154, 165, 168, 169, 170, 188 indorsed with date and hour delivered to governor. . . . . . . II 151, 154, 163, 152 introduction of bills, period of. . . . . . . . . . . . . . . . . . . . . . . . . . II 63, 63 member of legislature required to disclose personal inter- est . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150, 150 not vetoed or approved, effect of . . . . . . . . . . . . . . . . . . . . . . . . II 154 passage during first split session prohibited, exception. . . . II 63 presentment to governor, for approval or veto. . . . . . . . . . . . II 151, 154, 163, 152, 154 president of the senate required to sign. . . . . . . . . . . . . . . . . II 151, 152 procedure for final passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 148 publication and promulgation of laws. . . . . . . . . . . . . . . . . . II 161, 163, 161 raising revenue, where must originate. . . . . . . . . . . . . . . . . . . II 132 readings of, in legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 139, 148, 151, 169, 139, 153 referred to legislature bureau. . . . . . . . . . . . . . . . . . . . . . . . . . II 146 reintroduction of rejected bills in legislature. . . . . . . . . . . . II 150, 151 rejected bills or resolutions, second submission at same legislative session, restriction. . . . . . . . . . . . . . . . . . . . II 150, 151 report on, by committees in legislature. . . . . . . . . . . . . . . . . . II 139, 139 by legislature bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 revising statutes or codes or adopting a criminal code, reading and promulgation of . . . . . . . . . . . . . . . . . . . . . II 169 signature of, in open house and noted in journal. . . . . . . . . . II 151, 152 speaker of the house, required to sign. . . . . . . . . . . . . . . . . . II 151, 152 special and local law, requirements of notice of intention. . II 384 time for introduction in legislature. . . . . . . . . . . . . . . . . . . . . . II 63, 63 time limit for approval or veto by governor. . . . . . . . . . . . . II 154 to be read in full at request of five members. . . . . . . . . . . . . II 151 veto power of governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 157, 163, 154, 157 BLACK RIVER, funds for bridges across. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 BLIND PERSONS, See SOCIAL WELFARE; STATE SCHOOLS FOR THE BLIND. assistance for blind, authority to provide for. . . . . . . . . . . . . II 374 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 999 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume BLIND PERSONS, (continued) state board for the blind. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state schools for. . . . . . . . . . . . . . . . . . . . . e e e e o e o e º e º e º e o ºs III BOARD OF ASSESSORS FOR THE PARISH OF y provided for . . . . . . . . . . . . . . . . . . . . e - e º e º e º e s tº e e e º e º tº e tº e III BOARD OF COMMERCE AND INDUSTRY, exemption of manufacturing establishments from taxation II III BOARD OF COMMISSIONERS LAKE CHARLES HAR- BOR AND TERMINAL DISTRICT, disposition of proceeds of gasoline tax regulated. . . . . . . . . II limitation on right to issue bonds. . . . . . . . . . . . . . . . . . . . . . . II to receive one-twentieth of gasoline tax. . . . . . . . . . . . . . . . . II BOARD OF COMMISSIONERS OF PORT OF NEW OR- LEANS, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III acquisition of property by, authorized. . . . . . . . . . . . . . . . . . . III Acts of 1908, 1910 and 1914 continued in force. . . . . . . . . . III appointment by governor, provisions outlining procedure OF • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - III anticipation of revenue for purpose of borrowing money.. III Articles 321, 322 of Constitution of 1913 continued in force III audit of accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e III authority conferred to organize or reorganize departments of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III authority self-operative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e III authorized to borrow money, in anticipation of collections. . III with approval of governor and auditor. . . . . . . . . . . . . . . III authorized to issue receipts for property. . . . . . . . . . . . . . . III bond issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III approval of governor required. . . . . . . . . . . . . . . . . . . . . . . III bonds for current expenses, limitation on amount. . . . . . . III interest rate, maximum amount. . . . . . . . . . . . . . . . . . . . . . III limitation on right to issue bonds. . . . . . . . . . . . . . . . . . . . . II navigation canal, power to issue bonds for construction. . III payment of interest on bonds. . . . . . . . . . . . . . . . . . . . . . . . III refunding bonds, power to issue. . . . . . . . . . . . . . . . . . . . . . . III sale of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III total bonded indebtedness, limitation on amount. . . . . . . . III bonds, limit on bonded indebtedness. . . . . . . . . . . . . . . . . . . . III limited to run not more than fifty years. . . . . . . . . . . . . . . III payments must commence in ten years from their date III same exemption as granted by Article 321 of Con- stitution of 1918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III to be sold for not less than par and interest limited to six per cent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III tutors and curators authorized to invest in bonds of . . III buildings or improvements, power to construct. . . . . . . . . . . III commissioner cannot be removed without a hearing. . . . . . . III compensation of officers and employees, power to fix. . . . . . III composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III disposition of proceeds of gasoline tax regulated. . . . . . . . . II disqualification, dual office holding prohibited. . . . . . . . . . . . III political party or organization officeholding prohibited.. III duties and powers, officers, agents and employees, regula- tion of . . . . . . . . . . e e e e e o e º O & © tº e º 'º º e º e e º 0 e o e º e º 'º e III Page” 430, 460 430, 460 320 313 190, 217 299 299 299 624 659, 659 647 629, 630 647 647 647 643, 644 658 645, 647 645, 647 659, 659, 645, 647 645, 647 647 647 299 647 647 647 647 647 645, 647 647 647 647 647 647 653 630 643, 630 629 299 629 629 643, 644 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1000 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” personnel of board, regulation of . . . . . . . . . . . . . . . . . . . . . III 643 regulation of commerce and traffic. . . . . tº e º e º e º e º 'º º e º & III 643 elevators, power to construct. . . . . . . . . . . . . . . . . . . . . . . . . . . III 653 exercise power conferred by Constitution and legislature. . III 663 expropriation of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 610 gasoline tax, portion allotted to. . . . . . . . . . . . . . . . . . . . . . . . . II 2.99 rights of bondholders unimpaired. . . . . . . . . . . . . . . . . . . . . II 299 to receive nine-twentieths of gasoline tax. . . . . . . . . . . . . . II 299 governor shall appoint members. . . . . . . . . . . . . . . . . . . . . . . . . III 629, 630 indebtedness, bonds issued by board, limitation on length and method of payment. . . . . . . . . . . . . . . . . . . . . . . . . . III 645 bonds to be countersigned by auditor. . . . . . . . . . . . . . . . . . III 645 failure to provide for principal and interest on bonds, effect of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 interest on bonds to be paid by state treasurer. . . . . . . . . III 645 loans, limitations on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 operating revenues, board may borrow money in antici- pation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 provisions relating to methods of incurring. . . . . . . . . . . . III 645 refunding bonded indebtedness. . . . . . . . . . . e e º e º e º e e º 'º e e III 645 registered bonds to be non-negotiable. . . . . . . . . . . . . . . . . III 645 temporary loans, approval of governor and auditor re- quired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 limitations on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 users of docks and warehouses, board may borrow money TOIYl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 industrial districts, Navigation Canal, acquiring lands for this purpose authorized. . . . . . . . . . . . . . . . . . . . . . . . . . III 657 assessments against lands benefiting from improvements authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 657 creation and organization of permitted. . . . . . . . . . . . . . . . III 657 entering into contracts incidental to purposes of, author- ized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 657 issuance of bonds or certificates of indebtedness in behalf of, authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 657 industrial districts, power to create and organize. . . . . tº e º º III 633, 658 continuing authority conferred. . . . . . . . . . . . . . . . . . . . . . . III 658 legislature authorized to confer additional authority. . . . III 663 section declared self-operative. . . . . . . . . . . . . . . . . . . . . . . . III 658 jurisdiction of Port of Orleans, limits of . . . . . . . . . . . . . . . . . III 636 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652, 653 executing for manufacturing and commercial purposes. . III 652, 654 lands subject to lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652, 654 maximum duration of lease. . . . . . . . . . . . . . . . . . . . . . . . • * * III 652, 653, 654 readjustment of rentals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652, 653 loans, approval of the governor. . . . . . . . . . . . . . . . . . . . . . . . . III 645 may lease lands acquired for navigation canals. . . . . . . . . . . III 652, 653 members, dual office holding prohibited. . . . . . . . . . . . . tº tº º e ºs III 629, 630 money, power to borrow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 647 manner of borrowing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 647 navigation canal, buildings and improvements upon canal permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652 leasing lands acquired for canal permitted. . . . . . . . . . . . . III 652 revenues to be keep separate. . . . . . . . . . . . . . . . . . . . . . . . . III 652 term of lease of lands acquired for. . . . . . . . . . . . . . . . . . . . III 652 term of leasing lands acquired for . . . . . . . . . . . . . . . . . . . . . III 652 navigation canal not affected by this section. . . . . . . . . . . . . III 647 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1001 Vol. IV Index & º & * º Part Provisions of Present Constitution and Projet Volume BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANS, (continued) net revenue, provision relating thereto. . . . . . . . . . . . . . . . . . III officers and employees authorized. . . . . . . . . . . . . . . . . . . . . . . . III powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III power to acquire, convey or mortgage property. . . . . . . . . . . III presiding officer, request for names to fill vacancy on board III qualifications of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III removal of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III attorney general, charges to be preferred by . . . . . . . . . . . III commission to hear case, composition of . . . . . . . . . . . . . . . . III requirement of hearing by special commission. . . . . . . . . . III right to review by courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . III revenues from Navigation Canal, to be kept separate. . . . III rights of riparian owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III sole public wharfinger in Port of New Orleans. . . . . . . . . . . III succession after two years membership prohibited. . . . . . . . III tax exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III temporary loans . . . . . . . . . . . . . . . . . . . . . . . . . . e g º & e s & © e o 'º e III limitation on amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III maximum length of term of loan. . . . . . . . . . . . . . . . . . . . . . III term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III territory and limits of Port of New Orleans not to be greater than United States Customs Port of Entry. . III vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III warehouses, power to construct. . . . . . . . . . . . . . . . . . . . . . . . . III BOARD OF CONTROL OF NEW BASIN CANAL AND SHELL ROAD, authority to close part of canal or dispose of . . . . . . . . . . . . . III BOARD OF CONTROL OF STATE COLLEGES, appointment to, by governor with consent of Senate. . . . . . III composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III members of, to serve without pay, except per diem and eXperlSeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III term of office of members of . . . . . . . . . . . . . . . . . . . . . . . . . . . . III to supervise and control all junior colleges, colleges, uni- versities, except Louisiana State University. . . . . . . . III BOARD OF EDUCATION, See STATE BOARD OF EDUCATION. BOARD OF ENGINEERS, STATE, duty relative to certain corporations. . . . . . . . . . . . . . . . . . . . II BOARD OF HIGHWAYS, bond issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bridge or tunnel across inner harbor navigation canal. . . . . II director of highways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II per diem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II powers of individual members restricted. . . . . . . . . . . . . . . . . II state boards panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II terms of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II BOARD OF INSTITUTIONS, advisory committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II board and agencies transferred. . . . . . . . . . . . . . . . . . . . . . . . . II director of institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 645 630 624, 647, 653, 659, 663 659 629 629, 630 629, 630 629 629 629 629 652 610 643 629 217 647 647 647 629, 630 636 629, 630 653 351 425 425 456 425 425 39 2.99 299 522 522 522 522 522 522 531 531 531 531 531 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1002 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” institutions planning advisory council. . . . . . . . . . . . . . . . . . . II 531 lease of land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 medical treatment, right of patient to decline. . . . . . . . . . . . . II 531 meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 per diem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 purchase and sale of real property. . . . . . . . . . . . . . . . . . . . . . II 531 rules and regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 state boards panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 BOARD OF LEVEE COMMISSIONERS OF ORLEANS DISTRICT alienation, mortgage, and pledge of property. . . . . . . . . . . . . III 611 authority to contract with sewerage and water board of New Orleans and other public utilities. . . . . . . . . . . . III 614 authority to create parks, playgrounds, aviation fields, etc. III 611, 614 authorized to employ agents to sell property. . . . . . . . . . . . . III 616 authority to mortgage and pledge certain property. . . . . . . . III 611, 619 authorized to buy bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 619 authorized to carry into effect constitutional provisions. . . III 621 bonds issued by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 bonds of, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . III 619 made legal investment for certain purposes. . . . . . . . . . . . III 619 made negotiable instruments. . . . . . . . . . . . . . . . . . . . . . . . . III 619 null and void if issued under certain conditions. . . . . . . . III 620 how secured. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 619 compensation to be paid for land expropriated or appro- priated by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 615 conditions upon sale of property. . . . . . . . . . . . . . . . . . . . . . . . III 616 indebtedness, limitation on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 issuance of bonds, notes and certificates of indebtedness, when authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 Lake Improvement Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 limitations upon reclamation in Lake Pontchartrain. . . . . . . III 611, 616 power and authority of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 613 proportion of property to be dedicated to public use. . . . . . . III 616 right and power to dispose of certain property. . . . . . . . . . . III 611, 616 right to acquire certain property by expropriation or ap- propriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 615 right to contract with city of New Orleans. . . . . . . . . . . . . . . III 615 right to issue bonds subject to approval of state board of liquidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 620 title to certain state property vested in . . . . . . . . . . . . . . . . . . III 615, 616 to let out contracts for purposes of accomplishing work. . . . III 616 to submit certain plans to board of state engineers for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 613 BOARD OF LIQUIDATION, CITY DEBT, See NEW ORLEANS. approval of issuance of sewer, water and drainage bonds. . IV 133, 341 duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 108, 111, 135, 136, 137, 329, 332, 343, 344, 345, 346, 347, 348, 349 legislature to have no power to change composition, powers, functions and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . III 259 limitation on amount of paving certificates. . . . . . . . . . . . . . IV 130, 335 paving certificates, issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 130, 335 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1003 Vol. IV ndex e G - e º e !. I Provisions of Present Constitution and Projet Volume Page” BOARD OF LIQUIDATION, CITY DEBT, (continued) provisions for continuance of existence. . . . . . . . . . . . . tº º e º 'º IV 135, 137, 345, 348 payment of Sewerage, water and drainage bonds. . . . . . . . . IV 135, 345 BOARD OF LIQUIDATION, STATE DEBT, anticipation of revenues, Confederate veterans’ pension. . . . II 321 appropriation from surplus in State General Revenue Fund II 212, 212 approval of bonds of Orleans Levee Board. . . . . . . . . . . e e o e III 620 approval of loan to parishes. . . . . . . . . . . . . © e º 'º e º e º 'º e º e º º III 200 authority to issue bonds to pay certain indebtedness. . . . . . II 237 authority to issue certificates, notes, bonds and evidences of indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 360, 236 authority to fund into bonds certain royalties received from mineral leases for charitable institutions. . . . . . . . . . . II 231 bonds issued under authority of, for Lakefront Improve- ment Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 borrowing on credit of the state, requirements. . . . . . . . . . . . II 212 composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 Confederate Veterans bonds, sale of . . . . . . . . . . . . . . . . . . . . . II 321 contracts for construction of state highway, approval. . . . . II 239 created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 determination of insufficiency of revenue and emergency, interim between Sessions. . . . . . . . . . . . . . . . . . . . . . . . . II 212 form of proposals to legislators. . . . . . . . . . . . . . . . . . . . . . . . . II 212 highways, construction of, approval of contracts. . . . . . . . . . II 239 issuance of bonds funding debts. . . . . . . . . . . . . . . . . . . . . . . . II 237 loans, how made by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 Louisiana State University bonds, issuance to pay indebted- IleSS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II 236 majority consent of each house, in letter or telegram, re- quired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 majority consent of each house required on proposals. . . . . . II 212 maximum limit to be appropriated or borrowed for one department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 maximum total appropriation and borrowing limit. . . . . . . . II 212 meetings open to the public. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 200 notice of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 powers of, not affected by limitation on use of state credit, funds or property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 360 not affected by prohibition against investing, lending, pledging, donating state funds, credit, or property to any person, association or corporation. . . . . . . . . . . . . II 360 providing bonds for capitol. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 record of votes of legislators on proposals deposited with secretary of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 refunding bonds, issuance authorized. . . . . . . . . . . . . . . . . . . . II 236 sale of certain bonds, notes, certificates and other evidences of indebtedness by it provided for . . . . . . . . . . . . . . . . . II 236 state capitol building, bond issues. . . . . . . . . . . . . . . . . . . . . . . II 236 state highway bonds, issuance. . . . . . . . . . . . . . . . . . . . . . . . . . II 239 submission of proposals for legislative approval or dis- approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 to authorize indebtedness relating to Lakefront Improve- ment Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 to authorize payment of loans from surplus in State Gen- eral Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 BOARD OF PARDONS, duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1004 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 BOARD OF PUBLIC WELFARE, See PUBLIC WELFARE. BOARD OF STATE AFFAIRS, See TAX COMMISSION. BOARD OF STATE ENGINEERS, supervise highways until otherwise provided by law. . . . . . II 521 to examine plans of board of levee commissioners of Orleans levee district. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 613 BOARD OF SUPERVISORS OF LOUISIANA STATE AND AGRICULTURAL AND MECHANICAL COLLEGE, composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 426,429 created to control university and college. . . . . . . . . . . . . . . . . III 429 functions of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 426,429 members appointed by governor with consent of senate. . . . III 426,429 to serve without pay, except per diem and expenses. . . . . III 426 removal from, by provisions of Article VIII. . . . . . . . . . . . III 426 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 426,429 BOARDS, See POLITICAL CORPORATION. members of, excepted from classified civil service. . . . . . . . . III 579 state, referred to as political corporation when recognized as having separate legal entity. . . . . . . . . . . . . . . . . . . III 337 BOARDS, OFFICES AND COMMISSIONS, EXECUTIVE AND ADMINISTRATIVE, authority of legislature to consolidate. . . . . . . . . . . . . . . . . . . II 188 BOARDS OF EDUCATION, municipal and parish, control by state board of education prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 legislature to provide for creation and election of . . . . . . . III 458, 458 to select superintendents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 458, 458 BOARDS OF HEALTH, duties and powers to be prescribed by legislature. . . . . . . . . II 515 legislature's duty to create. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 municipal boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 subordinates to state board. . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 parish boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 subordinate to state board. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 state board of health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 appointment of members by governor, ratification by Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 congressional districts, appointment from . . . . . . . . . . . . . . II 515 legislature directed to create. . . . . . . . . . . . . . . . . . . . . . . . II 515 members appointed by governor. . . . . . . . . . . . . . . . . . . . . . . II 515 number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 president appointed by governor. . . . . . . . . . . . . . . . . . . . . II 515 president state health officer. . . . . . . . . . . . . . . . . . . . . . . . . . II 515 qualifications of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 BOATS, See WATERCRAFT; WATER TRANSPORTATION LINES. BOGALUSA SCHOOL BOARD, legislature to authorize control of public schools of city of Bogalusa by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1005 Vol. IV index tº º { } * Part I Provisions of Present Constitution and Projet Volume Page” BOND, See PEACE BONDS. clerks of court to give, as required by law. . . . . . . . . . . . . . . . II 764 may be given to guarantee payment of gasoline tax. . . . . . . II 296 parish recorder to give, as required by law. . . . . . . . . . . . . . . HI 764 peace bond, power of justice of peace to require. . . . . . . . . . II 706 of supervisor of public accounts to be filed with state auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 311 BOND ELECTIONS, - subdivisions of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 364 BONDED INDEBTEDNESS, See SCHEDULE. at time of adoption of constitution. . . . . . . . . . . . . . . . . . . . . . BONDS, See BOARD OF LIQUIDATION, STATE DEBT, DEBT ; SECURITIES; STATE BOND AND INTEREST TAX FUND; STATE FI- NANCE, BONDS; TAXATION. Act 19 of 1906 and Act 116 of 1908 relative to issuance of certain bonds ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 328 authority of the board of liquidation of the state debt to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 authorizations made under Constitution of 1921 ratified and confirmed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 751 bail bond, power of justice of peace to take. . . . . . . . . . . . . . II 706 Board of Commissioners of Port of New Orleans, provision relating thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 registered bonds to be unnegotiable. . . . . . . . . . . . . . . . . . . . III 645 to be countersigned by auditor. . . . . . . . . . . . . . . . . . . . . . . . III 645 to be sold at par, interest to be not greater than six per- cent per annum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 board of highways, issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 Board of Levee Commissioners of Orleans Levee District, authorization to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 bridge, toll, across Mississippi at New Orleans, $30,000,000 bonds for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 charitable, corrective and penal institutions . . . . . . . . . . . . . II 326 certain bonds exempt from taxation. . . . . . . . . . . . . . . . . . . . . IV 343, 347, 350, 353, 357, 360 certain bonds may be registered and released from registry IV 343, 347 certain bonds of city of New Orleans ratified. . . . . . . . . . . . IV 328 certain bonds payable in gold. . . . . . . . . . . . . . . . . . . . . . . . . . IV 343, 347, 357 certain bonds ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 332, 349 City of New Orleans authorized to issue certain bonds. . . . IV 133, 136, 137, 341, 346, 349 City of New Orleans to levy tax to pay certain bonds. . . . . IV 134, 136, 343, 347 clerk of district court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 collector of taxes and sheriffs to give, as required by law. . II 761 Confederate Veterans and widows, board of liquidation may issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 321 contesting legality of election on question. . . . . . . . . . . . . . . . III 387 corporation, issuable only for money or money's worth. . . . II 38 emergency bonds, city of New Orleans. . . . . . . . . . . . . . . . . . . IV 137, 349 farm to market roads, funding of gasoline tax. . . . . . . . . . . . II 239 ferry systems, purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 195, 359 for building Capitol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 for revenue-producing public utilities, issuance of, pro- visions relating to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 333 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1006 Vol. IV Provisions of Present Constitution and Projet A.” Volume Page” form of certain bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353, 394 IV 188, 344, 348, 350, 354, 357, 360 funding bonds, royalties from mineral lease. . . . . . . . . . . . . . II 231 funds held by certain fiduciaries may be invested in certain bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 343, 347 gasoline tax, dealer’s bond to secure payment. . . . . . . . . . . . II 296, 307 Greater Baton Rouge port commission. . . . . . . . . . . . . . . . . . . III 663 Greater New Orleans expressway. . . . . . . . . . . . . . . . . . . . . . . II 23.9 highway bonds, signatures required on. . . . . . . . . . . . . . . . . . II 239 $30,000,000 authorized for highways, added by Act 66 of 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23.9 apportionment of funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 treasurer authorized to use other funds to retire in cer- tain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23.9 $5,000,000 authorized by Act 39 of 1918. . . . . . . . . . . . . . . . II 239 $10,000,000 authorized by Act 377 of 1940. . . . . . . . . . . . . . II 23.9 $25,000,000 authorized by Act 393 of 1946. . . . . . . . . . . . . II 239 highway fund No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23.9 industrial enterprises, encouraging location. . . . . . . . . . . . . . III 366 industrial plants for processing agricultural products. . . . III 360 interest rate, maximum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 385 issuance and sale by political subdivision. . . . . . . . . . . . . . . . III 387 issuance by port board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 issuance of bonds by state and its agencies, political cor- porations and subdivisions of certain purposes au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236, 362 issuance of, by Board of Commissioners of Port of New Orleans, limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 issuance of certain bonds by city of Shreveport authorized III 353 issuance of, elections for, ballots may be cast as legislature may prescribe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 Jefferson Parish, consolidated drainage districts. . . . . . . . . . III 409 public improvement districts. . . . . . . . . . . . . . . . . . . . . . . . . III 398 Lake Charles, development of lake. . . . . . . . . . . . . . . . . . . . . . III 405 Lakefront Improvement Project, authorization for . . . . . . . . III 611 legislature's power to authorize issuance limited. . . . . . . . . . II 344 levee district bonds, terms of sale and interest. . . . . . . . . . . III 601 limitation and continuance of tax, funds derived from . . . . . II 239 limitation on bonds issued by political subdivisions. . . . . . . . III 375, 380 maturity date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 385 may be issued by garbage districts. . . . . . . . . . . . . . . . . . . . . . III 394 negotiable, issuance by political subdivision, when author- ized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 311 of board of Levee Commissioners of Orleans levee district, authorized to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 619 exempted from taxation and made legal investment for certain purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 619 made negotiable instruments. . . . . . . . . . . . . . . . . . . . . . . . . III 619 null and void if issued under certain conditions. . . . . . . . III 620 of state, limitation on legislature’s authority to issue. . . . . II 343, 344 of subdivisions, collection of taxes may be forced. . . . . . . . . III 385 on public utilities, not to be a charge on other income and revenue of political corporation. . . . . . . . . . . . . . . . . . . III 333 parish bond issues, limitation. . . . . . . . . . . . . . . . . . . . . . . . . . . III 365 parish road bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 227 penitentiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 335 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1007 Vol. IV Index e - º e sº Part | Provisions of Present Constitution and Projet Volume BONDS, (continued) signatures required on. . . . . . . © e º e e º e º e º e - e e s tº e e o e º e º e II Pontchartrain levee district . . . . . e e º e e e e s tº e º 'º tº e º e º e e º e © e III port, harbor and terminal districts may issue. . . . . . . e º º e º III prescription of attacks on legality of certain bonds. . . . . . . III provisions for issuance of certain bonds of state. . . . . . . . . . II public utilities in municipalities. . . . . . e a e e e e s e e s e e s e e º e e III public utilities in taxing districts. . . . . . . . . . . . . . . . e e º e º 'º e III refunding bonds. . . . . . . . . . . . . . . . e - © e º º ºs e e º e e e c e º e º e s e º o II III remonstrances against issuance by political subdivisions. . . III road district, right to issue bonds. . . . . . . . . . º e o 'º e º e e º 'º - G III Sale of certain bonds provided for . . . . . . . . . . . . . . . . . . . . . . . II III IV school bonds, Orleans Parish. . . . . . . . . ... e. e. e. e. e º e º 'º º • e º ºs e º º tº III school districts, refunding bonds. . . . . . . . . . . . e e º e e e e is a e º e III school purposes, limitation on issuance. . . . . . & Cº º º º º e º e e º e III security for payment of certain bonds. . . . . . . . . . . . . . . . . . III IV sewerage and water board of the city of New Orleans au- thorized to issue. . . . . . . . e e e º e e º e º e e º ſº & e e º 'º e º e º e e IV sewerage districts. . . . . . . . . . . . . . e e e º e º s e º e o e º e e s tº e º e e - tº III right to issue. . . . . . . . . . . g e º e º e º e º e e º e º 'º e e o e º 'º e s e e º 'º º III Social security, signatures required on. . . . . . . . . . . . . . . . . . . II social welfare. . . . . . . . . . . . . . . . . sº e º e º e º & © e º tº e º 'º e e º e º e º 'º e II special tax, authorized on former municipality to pay out- standing bonds. . . . . . . . e e º e e o e º e º e e º e o 'º e º e e º & e º e a III dedicated to certain public improvement bonds. . . . . . . . . IV state examiner of municipal fire and police civil service. . . . III state highway bonds in general. . . . . . . . . . . . . . . . . . . . . . . . II subdivisions, limitation on time to bring action regarding legality . . . . . . . . . e e s e e º e e º e º t e º e º e e º 'º © tº e º & e tº e g º e III subdrainage districts, right to issue bonds. . . . . . . . . . . . . . . III subroad district, right to issue bonds. . . . . . . . . e e e s e e e º e º e III subwater works districts, right to issue bonds. . . . . . . . . . . . III tax exempt, Caernarvon Break. . . . . . . . . tº e º e º e o 'º e º ſº º & © e º E III taxes to pay bonds of gravity drainage and gravity sub- drainage districts. . . . . . . . © e º e º & © e º 'º e º & © e e º & © e º 'º & III treasurer to make payments of principal and interest on, without legislative appropriations. . . . . . . . . . . . . . . . III unaffected by adoption of constitution. . . . . . . . e - © e º e º e º e e III under provisions of Constitution of 1921, future issuance permitted . . . . . . . . • * c e º 'º - tº e º e º e º e º e tº e e e º e º e s e e º e III vehicular license taxes of specified parishes dedicated to payment of highway bonds. . . . . . . . . . . . . . . . . . . . . . II wards authorized to issue certain bonds. . . . . . . . . . . . . . . . . . III waterworks district, right to issue bonds. . . . . . . . . . . . . . . . . III BONDS AND COUPONS, board of commissioners of port of New Orleans. . . . . . . . . . . III approval of governor required. . . . . . . . . . . . . . . . . . . . . . . . III current expense bonds, limitation on amount. . . . . . . . . . . III maximum interest rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III navigation canal, power to issue bonds for construction of unaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III payment of interest on bonds. . . . . . . . . . . . . . . . . . . . . . . . . III refunding bonds, power to issue. . . . . tº e º e º e º e º ºs e e º e º e e III total bond issues, limited on amount. . . . . . . . . . . . © e º e º ſº ºn III Page” 335 674 392, 393,668 333, 333, 312, 342, 346, 133, 312, 325, 374, 353 236 333 333 236 383 387 364 236 353 188, 344, 350, 357 468 383 380 394 360 341 368 364 324 374 324 111, 332 544 239 387 312, 364 312, 364 312 680 389 2O7 751 751 239 360 312 645, 647 645, 647 645, 647 645, 647 647 645, 647 645, 647 645, 647 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1008 Vol. IV tº º º * > * Index Provisions of Present Constitution and Projet º: | Volume Page” board of liquidation, city of New Orleans, bond issues. . . . . IV 111, 332 bridge, toll, across Mississippi at New Orleans. . . . . . . . . . . II 23.9 bridges across Mississippi River. . . . . . . . . . . . . . . . . . . . . . . . II 239 IV 192, 354 Caernarvon Break, reparation claims. . . . . . . . . . . . . . . . . . . III 676 city of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 192, 354 amount of bond issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 192, 354 exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 192, 354 power to issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 192, 354 security for bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 192, 354 serial gold bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 345, 346 contesting legality of election on question. . . . . . . . . . . . . . . . III 387 city of New Orleans excluded. . . . . . . . . . . . . . . . . . . . . . . . . III 387 time allowed for bringing action. . . . . . . . . . . . . . . . . . . . . . III 387 corporation, issuable only for money or moneys’ worth. . . . II 38 drainage district, right to issue bonds. . . . . . . . . . . . . . . . . . . III 312, 364 emergency bonds, city of New Orleans issuable in cases of public calamity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 137, 349 ferry systems, city of New Orleans to issue $750,000 bonds to purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 195, 359 fourth Jefferson drainage district may issue. . . . . . . . . . . . . . III 3.96 gravity drainage district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 388 authority to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 388 levy of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 388 harbor districts, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . . III 393, 668 irrigation district, right to issue bonds. . . . . . . . . . . . . . . . . . III 364 legislature's power to authorize issuance limited. . . . . . . . . II 344 levee district bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 601 Louisiana State University, to pay outstanding indebted- IlešS • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI 236 New Orleans public belt railroad bonds. . . . . . . . . . . . . . . . . IV 350 Orleans levee board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 619 approval of issuance by state board of liquidation. . . . . . III 611, 620 right to issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 619, 620 security for bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 619 terms and conditions of bonds. . . . . . . . . . . . . . . . . . . . . . . . III 611, 619 parish funding bonds, right to issue. . . . . . . . . . . . . . . . . . . . III 374 pension for Confederate veterans and their widows, bonds issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 321 Pontchartrain levee district may issue. . . . . . . . . . . . . . . . . . III 671 refunding bonds, power of political subdivisions to issue. . III 383 remonstrances against issuance by political subdivisions. . III 387 road district, right to issue bonds. . . . . . . . . . . . . . . . . . . . . . . III 312 III 364 school bonds, Orleans parish, power to issue. . . . . . . . . . . . . III 468 sewerage district, right to issue bonds. . . . . . . . . . . . . . . . . . III 311, 812, 364 Shreveport negotiable bonds, $950,000 Act 110 of 1916 modified and ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 state highway bonds in general. . . . . . . . . . . . . . . . . . . . . . . . II 239 bonds under Act of 1918, Saving clause. . . . . . . . . . . . . . . II 529 funding bonds in general, Chef Menteur and Hammond highways, highway fund No. 2. . . . . . . . . . . . . . . . . . . II 291 14 gasoline tax charged for payment. . . . . . . . . . . . . . . . . . II 239 issuance, denomination, sale. . . . . . . . . . . . . . . . . . . . . . . . . II 239 subdrainage district, right to issue bonds. . . . . . . . . . . . . . . . III 311, 312 sub-road district, right to issue bonds. . . . . . . . . . . . . . . . . . . III 311, 312 sub-water works district, right to issue bonds. . . . . . . . . . . . III 311, 312 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1009 Vol. IV Index tº ſº & º º Part I Provisions of Present Constitution and Projet Volume BONDS AND COUPONS, (continued) terminal districts, right to issue. . . . . . . . . . . . . . . . . . . . . . . III unaffected by adoption of constitution. . . . . . . . . . . . . . . . . . . III BONDS, SURETY, bail, power of justice of peace to take. . . . . . . . . . . . . . . . . . . II clerks of district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II gasoline tax, dealer’s bond to secure payment. . . . . . . . . . . . . II BONUS, See WORLD WAR II VETERANS. for World War II veterans and certain of their dependents II BOOKS, of Acts of Legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II public service commission, power to compel production. . . . II used for nonprofit public exhibition, exempt from taxation III BOUNDARIES, See STATE BOUNDARIES. parish boundaries, change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III assets and liabilities, apportionment. . . . . . . . . . . . . . . . . . III property and assets, apportionment. . . . . . . . . . . . . . . . . . III to be submitted to electors of parish. . . . . . . . . . . . . . . . . . III BOUNDARY, between states, special and local laws authorizing erection of bridge at, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . II BREACH OF THE PEACE, electors not privileged from arrest in cases of . . . . . . . . . . . . III legislators not immune from arrest for . . . . . . . . . . . . . . . . . . II BREAKWATERS, Board of Levee Commissioners of Orleans Levee District impowered to locate, construct, maintain. . . . . . . . . . III BRIBERY, as cause for impeachment of governor. . . . . . . . . . . . . . . . . . II election contest cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II of and by legislator, penalty for . . . . . . . . . . . . . . . . . . . . . . . . II persons may be compelled to testify, in trial for . . . . . . . . . . II persons required to testify. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II testimony of witness in trial of, not to be used afterward, except for perjury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II witness may not plead self-incrimination in trial of . . . . . . . . II BRIDGE ACROSS MISSISSIPPI RIVER, II expressway connecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II BRIDGE COMPANIES, special and local laws relating to, prohibited. . . . . . . . . . . . . II BRIDGES, across the Mississippi River at or near Baton Rouge, funds provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II at or near New Orleans, authorization for . . . . . . . . . . . . . IV city of New Orleans, bond issue, amount, terms and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV duties of Louisiana highway commission and Louisiana public service commission . . . . . . . . . . . . . . . . . . . . . . . II III exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II IV named . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . III not to be hypothecated, leased or alienated. . . . . . . . . . IV Page” 393, 668 706 764 296, 307 328 161 398 172,173 291, 292 309, 309 309, 309 291, 292 337 31 127 611 432 22, 22 121, 122 22 22, 22 22 22, 22 22, 22 239 2.99 387 239 192, 354 192, 354 313 225 313 192, 354 761 354 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 1010 Vol. IV ºn tº º wº º | X Provisions of Present Constitution and Projet E.” Volume Page” operation of trains over. . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 354 term for constructing bridge. . . . . . . . . . . . . . . . . . . . . . . . IV 3.54 toll bridge across Mississippi at New Orleans. . . . . . . e II 239 city of New Orleans, bond issue, amount, terms and con- ditions power to construct in general. . . . . . . . . . . . . . IV 354 powers of public belt railroad commission. . . . . . . . . . . . IV 354 Atchafalaya, funds for bridges across. . . . . . . . . . . . . . . . . . II 239 bonds, issuance authorized, terms and conditions. . . . . . . . . II 239 contracts for building or repairing. . . . . . . . . . . . . . . . . . . . . . II 239 legislature to provide for construction and maintenance.. II 521 limitation on cost, exception. . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 municipalities, power to build over navigable waters. . . . . . II 521 Ouachita River, funds for bridges across. . . . . . . . . . . . . . . . II 239 parishes, power to build or acquire over navigable waters. . II 521 prohibition against local or special laws creating bridge companies, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 railroads, leases to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 Red River, fund for bridges across. . . . . . . . . . . . . . . . . . . . . . II 239 special and local laws relating to erection of bridges at state boundaries, permitted. . . . . . . . . . . . . . . . . . . . . . II 387 special and local laws relating to ferries and bridges, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 BUCKET SHOP, gambling in futures against public policy. . . . . . . . . . . . . . . II 409 BUILDINGS, See VIEUX CARRE. airports near, authorization to regulate heights of . . . . . . . . III 324, 324 provision authorizing preserving character of . . . . . . . . . . . III 324, 325 BUREAU, LEGISLATIVE, See LEGISLATIVE BUREAU. BURIAL PLACES, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 167 BUSINESS, * See PRIVATE ENTERPRISES. of person, association or corporation, state prohibited from carrying on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 state prohibited from becoming part owner, assuming lia- bility, carrying on business, of any person, associa- tion, or corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 C CADDO PARISH, additional tax levy authorized. . . . . . . . . . . . . . . . . . . . . . . . . . III 270 its police jury authorized to borrow from Caddo Parish jail site fund, to sell jail site. . . . . . . . . . . . . . . . . . . . . III 358 jail site fund created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 358 police jury of Caddo parish authorized to borrow from.. III 358 juvenile court of, judge of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 salary of judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 police jury may pay judges of first judicial district. . . . . . . II 694 right of police jury to levy an additional tax. . . . . . . . . . . . III 270 voting machines and tax therefor may be authorized by electors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1011 Vol. IV Index © º & Q Part I Provisions of Present Constitution and Projet Volume CAERNARVON BREAK, amendment self-operative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appeals in suits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III artificial opening authorized at Caernarvon levee. . . . . . . . . III awards of reparation commission. . . . . . . . . . . . . . . . . . . . . . . III bonds, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III made legal investments, tax exempt, tax levy and bonds, terms and conditions of bonds. . . . . . . . . . . . . . . . . . . . III claims payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III filing of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III jurisdiction of suits by or against levee board. . . . . . . . . . . III levee commissioners Orleans levee district authorized to pay claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III method of settling claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III motagage and privilege holders, rights. . . . . . . . . . . . . . . . . . III Orleans levee district, duties. . . . . . . . . . . . . . . . . . . . . . . . . . . III bonds, right to issue; taxes, right to levy. . . . . . . . . . . . . . III payment of awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III payment of reparations authorized. . . . . . . . . . . . . . . . . . . . . . III reparations commission, awards, motices required. . . . . . . . . III conclusion of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III created . . . . . . . . . . . . * e º e º e º e º 'º e º 'º e º e º 'º - e º e º e e s a e e s e e III intervention as to distribution of award. . . . . . . . . . . . . . . III liens, etc., on property damaged, claims filed. . . . . . . . . . . . III members of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III oaths of commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III right to administer oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . III right to take testimony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III settlement of claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Subpoenas, etc., right to issue. . . . . . . . . . . . . . . . . . . . . . . . . III suits, how filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III suits on awards, time allowed for filing. . . . . . . . . . . . . . . . . . III suits to determine amount of compensation. . . . . . . . . . . . . . III taxes for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III time allowed for filing claims. . . . . . . . . . . . . . . . . . . . . . . . . . . III vacancies in reparations, commissions. . . . . . . . . . . . . . . . . . . III CALAMITY, See EMERGENCY. CALCASIEU PARISH, community center and playground district, bond issues. . . III CALDWELL PARISH, transferred from eighth judicial district to twenty-eighth judicial district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CAMERON PARISH, at least one grand jury to be empaneled each year. . . . . . . . II CAMP NICHOLLS, See SOLDIERS HOME. CANAL COMPANIES, becoming property of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . II rights in streams of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CANALS, See IRRIGATION; NAVIGATION; TRANSPORTATION. closing of New Basin Canal and Shell Road authorized under certain conditions. . . . . . . . . . . . . . . . . . . . . . . . . III donations and conveyances by state and its agencies, poli- tical corporations and subdivisions to United States for canals permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . TI Page” 682 678 676 6.79 680 680 676 677 678 676 677 677 676 680 677 676 6.79 680 6.79 677 677 6.79 6.79 680 680 677 680 678 678 678 680 680 679 408 665 740 39 39 351 366, 362 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1012 Vol. IV tº º * tº tº |nd Provisions of Present Constitution and Projet gº; Volume Page” jurisdiction of public service commission over. . . . . . . . . . . II 396, 398 navigation, general provision relating to . . . . . . . . . . . . . . . . III 652 rights of way for canals through public lands. . . . . . . . . . . . II 366, 366 CANDIDATES, for executive office, method of election by legislature in tie . Vote situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 442 tie vote, selection by legislature. . . . . . . . . . . . . . . . . . . . . . II 442 CAPITAL CASES, jury of twelve required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 plea of guilty, right to receive. . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 right to waive jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 unanimous verdict required. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 CAPITAL CRIME, indictment or presentment by grand jury required for prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 CAPITAL OFFENSE, See CRIME. CAPITAL OF STATE, in Baton Rouge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 CAPITAL PUNISHMENT, requirement of trial by jury of twelve and unanimous verdict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 CAPITAL STOCK, See STOCKS. CAPITOL, See BONDS. provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 CAPITOL BUILDING, bond issue for erection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 CARNIVAL DISPLAYS, property used in connection with, nonprofit, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 173, 173 CARONDELET CANAL, alienation prohibited if acquired by state. . . . . . . . . . . . . . . . III 351 CARONDELET CANAL AND BAYOU ST. JOHN, - state not to divest itself of title to . . . . . . . . . . . . . . . . . . . . . . III 351 CARONDELET CANAL AND NAVIGATION COMPANY., legislature may acquire property of . . . . . . . . . . . . . . . . . . . . III 351 CARRIERS, See RAILROADS. common or contract, ad valorem tax may be levied against equipment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 145, 145 examination of records, enforcement of gasoline tax. . . . . . II 307 powers of public service commission over. . . . . . . . . . . . . . . . II 398 CARS, See RAILROADS. CARVILLE, See UNITED STATES MARINE HOSPITAL No. 188. CASES, See CRIMINAL CASES; CIVIL CASES. criminal, rights of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19, 24 pending and not submitted for decision to Supreme Court, effect of adoption of constitution upon. . . . . . . . . . . . III 745 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1013 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume Page” CATASTROPHES, NATURAL,... . . . . . . . . . . . . . . . . . . . . . . . II 343 See NATURAL CATASTROPHES. CATTLE, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 177 CAUSE, probable, necessary for searches and seizures. . . . . . . . . . . . II 15, 16 of accusation in criminal prosecutions, right of accused to be informed of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21 CEMETERIES, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 167 CENSUS, as bases for representation in house of representatives. . . . II 81, 82, 187 school census, educable children. . . . . . . . . . . . . . . . . . . . . . . . II 315 CENTENARY COLLEGE, president of, to nominate members to civil service com- mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 CENTRAL LOUISIANA STATE HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . IH 531 CERTIFICATES OF INDEBTEDNESS, See PAVING; SECURITIES; SPECIAL PAVING AND PUBLIC IM- PROVEMENT FUND FOR THE CITY OF NEW ORLEANS. authority of board of liquidation of the state debt to issue II 236 legislature may authorize political corporations to issue. . III 311 may be issued by city of New Orleans for various purposes IV 332 sale of certain certificates of indebtedness provided for... II 236 CERTIFICATION, in city and state civil service, required before payment for services allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 591 of persons eligible under civil service, number not to be less than three, rules to establish where not required III 588 permanent civil service appointment to be made by. . . . . . . . III 582 CERTIFIED, copies of records, documents, papers, availability of . . . . . . II 492 CERTIFIED COPY, of audit, to be furnished by auditor for reasonable fee. . . . II 497 CERTIORARI, courts empowered to issue writs of . . . . . . . . . . . . . . . . . . . . . . II 580, 580 right of judges and courts to issue writs of . . . . . . . . . . . . . . II 580 Supreme Court's power to issue writs of issuance to courts of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 617, 789 CHALLENGE, peremptory, of jurors, number to be fixed by law, right of the accused to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21, 21 CHANGE OF VENUE, - in criminal cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19 legislature to enact laws concerning. . . . . . . . . . . . . . . . . . . . II 790 local and special laws concerning, prohibited. . . . . . . . . . . . . II 387, 388 CHARGE TO JURY, by presiding judge, domestic relations courts, as to law applicable to criminal cases, requirement of . . . . . . . . II - 739 CHARITABLE AND CORRECTIONAL INSTITUTIONS, allotment of funds to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 231 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1014 Vol. IV Provisions of Present Constitution and Projet º: - Volume Page” CHARITABLE INSTITUTIONS, . See CHARITY; HOSPITALS. accountability for appropriations of public funds. . . . . . . . II 361 additional creation of, vote required. . . . . . . . . . . . . . . . . . . . II 408 asylum for destitute and incapacitated persons, right to Fº by contract and maintenance of, not affected y limitations on use of state credit, funds, or prop- erty, in Article IV, Section 11 (A). . . . . . . . . . . . . . . . II 361 board of liquidation to fund into bonds certain royalties received from mineral leases, for . . . . . . . . . . . . . . . . . II 231 bond issue for construction and improvement of . . . . . . . . . II 326 branches of existing institutions, creation of, vote required II 408 donations and legacies to, tax exempt. . . . . . . . . . . . . . . . . . . . III 189, 190 establishment of by state, power restricted. . . . . . . . . . . . . . II 408 exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 168, 168 inmates of soldiers’ home permitted to vote. . . . . . . . . . . . . . III 46 inmates prohibited from voting. . . . . . . . . . . . . . . . . . . . . . . . . III 46 method of establishment by legislature. . . . . . . . . . . . . . . . . . II 408,408 right to provide by contract maintenance and asylum for destitute and incapacitated persons, not affected by limitation on use of state credit, funds, or property. . II 361 utilization of charitable institutions by police juries and municipal corporations for destitute persons. . . . . . . II 361, 361 CHARITABLE UNDERTAKINGS, property belonging to, exempt from taxation. . . . . . . . . . . . III 168, 168 CHARITY, See CHARITABLE INSTITUTIONs; CHARITY HOSPITALS; HOSPI- TALs; STATE ASYLUMs; STATE SCHOOLS FOR THE BLIND; STATE SCHOOLS FOR THE DEAF AND DUMB. appropriations for charitable or benevolent purposes pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336 appropriations for charity hospitals. . . . . . . . . . . . . . . . . . . . II 206, 206 appropriation for private charitable purposes prohibited. . II 336 appropriations for public charitable institutions. . . . . . . . . . II 206, 206 appropriations for state asylums for the insane. . . . . . . . . . II 206, 206 legislature may authorize trusts and fidei commissa for charitable purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 4.17 public, moneys for, inclusion in general appropriation bill. . II 206 CHARITY HOSPITALS, See CHARITY. appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206, 206 CHARTER, Baton Rouge, city and parish, declared to be home rule. . . III 259 home rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 any municipality may adopt. . . . . . . . . . . . . . . . . . . . . . . . . . III 249 effective date of when approved. . . . . . . . . . . . . . . . . . . . . . III 249 legislature to provide method of adoption by general law III 249 method of amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 method of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 municipal legislative body may propose. . . . . . . . . . . . . . . . . . III 249 petition for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 municipal, approval of, to be filed with appropriate re- corder of mortgages in parish. . . . . . . . . . . . . . . . . . . . III 249 municipal, approval of, to be filed with secretary of state. . III 249 municipal, may authorize sheriff to collect municipal taxes II 761 not to be changed by local or special law, exceptions. . . . III 245, 245 of private corporations, special and local laws amending, renewing, extending, or explaining, prohibited. . . . . II 387 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1015 Vol. IV Index & e tº © Part I Provisions of Present Constitution and Projet Volum CHARTER, (continued) e New Orleans, declared to be home rule. . . . . . . . . . . . . . . . . . . III special legislative, those in existence may be changed. . . . . III to be filed with appropriate recorder of mortgages in parish upon approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CHARTERS, See CoRPORATIONs; DISTRICTs; MUNICIPALITIES; PARISHEs. municipal, to continue in force until superseded under pro- visions of Article X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CHIEF JUSTICE, membership on circuit court of appeal judicial commission II present copies of impeachment charges against governor to II qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy in office, succession to. . . . . . . . . . . . . . . . . . . . . . . . . II CHIEF MAGISTRATE, governor is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CHILDREN, See ADOPTION; EMANCIPATION; GIRLs; JUVENILE COURT; LEGITIMATION OF CHILDREN. adoption or ligitimation of, special and local laws authoriz- ing, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II custody of, appellate jurisdiction of Supreme Court. . . . . . . II jurisdiction of juvenile court. . . . . . . . . . . . . . . . . . . . . . . . . . . II legitimacy and matters of adoption and emancipation, appellate jurisdiction of supreme court in . . . . . . . . . . II legitimation, local or special laws prohibited . . . . . . . . . . . . . II promotion of health of and mothers authorized. . . . . . . . . . II separate public schools for white and colored. . . . . . . . . . . . III CHINESE, ownership of land prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II CHURCH, discrimination against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II drawing money from public treasury to aid, prohibited. . . . II CHURCHES, See RELIGION. exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state aid prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CIRCUIT COURT OF APPEAL, presiding judge, membership on impeachment court. . . . . . . II CIRCUIT COURT OF APPEAL COMMISSION, function and composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CIRCUITS, courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II election of judges of courts of appeal. . . . . . . . . . . . . . . . . . . . II CITATION, of gravity drainage districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . III service of, not to be waived. . . . . . . . . . . . . . . . . . . . . . . . . . . . II suit to remove from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CITIES, See MUNICIPALITIES. incorporated, referred to as municipality in constitution. . . III legislature to provide for incorporation and government of III to pay compensation of city court judges. . . . . . . . . . . . . . . . . II under special legislative charter, charter in existence may be changed by local or special laws. . . . . . . . . . . . . . . III Page” 259 245 249 750 770 482 590 590 590 450 387 625, 625 730 625, 625 388 374 419,419 41 * * 1 Jº , 13 336 165, 165 336, 336 482 770 642, 643 643 391 563, 563 117, 117 337 245 707 245 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1016 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” unincorporated, adoption of home rule charter, law per- mitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 CITIES AND TOWNS, See CIVIL SERVICE; PoliticAL SUBDIVISIONS. employees’ retirement system, tax levy. . . . . . . . . . . . . . . . . . . II 371 encouragement of industrial enterprises, bond issues. . . . . . III 366 home rule charters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 250 hours of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520 leasing of hospital or institution, election required, mini- e mum rental fee, use to be consistent with purpose. . II 355 limitation on tax levies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 371 local or special laws by legislature affecting charter pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 250 police force, three-platoon system, cities of 75,000 or over.. II 3.71 POWers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 250 right to chose governing officials. . . . . . . . . . . . . . . . . . . . . . . III 250 state law and constitution paramount. . . . . . . . . . . . . . . . . . . III 250 CITIZENS, appointment to judicial commissions. . . . . . . . . . . . . . . . . . . . II 770 availability of records, documents, papers for inspection by II 492 qualifications for voting enumerated. . . . . . . . . . . . . . . . . . . . III 7, 7 request for removal of all officers other than governor, lieutenant governor, and judges of courts of record, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 request for removal of judges of courts of record, number required to institute suit. . . . . . . . . . . . . . . . . . . . . . . . III 114 request for removal of judges of Supreme Court, number required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113, 113 right to apply to courts to have illegal registrants stricken off registration rolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 right to inspect audit report. . . . . . . . . . . . . . . . . . . . . . . . . . II 497 taxpayers, request for removal of judges of courts of record by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114 request for removal of judges of Supreme Court by . . . . . III 113 CITIZENSHIP, state, requirement for office in executive department. . . . . . II 427 CITY, governing body, appointment of member to city civil serv- ice commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 573 incorporated, special and local laws authorizing construc- tion of transportation or communication in, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 CITY ATTORNEYS, office of, excepted from classified civil service. . . . . . . . . . . . III 579 CITY CIVIL SERVICE, See CIVIL SERVICE. appeal, in cases of discrimination or disciplinary action, right of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 appointments and promotions, how determined. . . . . . . . . . . III 582 commission, appointment to. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 573 creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 573 director of personnel, appointment of . . . . . . . . . . . . . . . . . . . . III 577 director of personnel, to have powers and duties as dele- gated by civil service commission. . . . . . . . . . . . . . . . . III 577 disciplinary action for political or religious reason, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1017 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume CITY, CIVIL SERVICE, (continued) disciplinary action to be for cause. . . . . . . . . . . . . . . . . . . . . . III discrimination against employees in, prohibited. . . . . . . . . . III officers and employees excepted, enumeration of............ III perman; appointments, to be made only after certifica- 1911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III population requirement for... . . . . . . . . . . . . . . . . . . . . . . . . . . III CITY CIVIL SERVICE COMMISSION, appointment of director of personnel on basis of competi- tive examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appointment of, provisions relating thereto. . . . . . . . . . . . . . III composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III duties and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III exemptions and qualifications and conditional exemptions may be made or revoked by . . . . . . . . . . . . . . . . . . . . . . III removal from office, provided by Article VIII. . . . . . . . . . . . III rules, adoption of, enumeration of subjects. . . . . . . . . . . . . . III terms of office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III vacancy in office, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . III CITY CIVIL SERVICE LAW, personnel, under, to retain status upon adoption ºf con- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CITY COURT OF NEW ORLEANS, jurisdiction, to remain the same until legislature creates municipal courts under constitution. . . . . . . . . . . . . . . III CITY COURTS, See FIRST CITY COURT OF NEW ORLEANs; SECOND CITY COURT IN CITY OF NEW ORLEANS. cases appealable to what courts. . . . . . . . . . . . . . . . . . . . . . . . II civil jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II compensation of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how fixed, and paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II concurrent jurisdiction with district courts. . . . . . . . . . . . . . II continuance in existence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III criminal jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II election of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II establishment in lieu of justices’ courts. . . . . . . . . . . . . . . . . . II first city court, judges, salaries. . . . . . . . . . . . . . . . . . . . . . . . II first city court, jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . II first city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . II in cities of over 5,000 inhabitants. . . . . . . . . . . . . . . . . . . . . . . II in parish seat towns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judges of, additional salary as ex-officio juvenile judge how elected . . . . . . . . . . . . . . . . . . . . . . . * * * * e e º e º e º 'º e II may perform marriage ceremony. . . . . . . . . . . . . . . . . . . . . II to be ex-officio judges of juvenile courts. . . . . . . . . . . . . . . . II jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to remain the same until legislature creates municipal courts under constitution. . . . . . . . . . . . . . . . . . . . . . . . III jurisdiction to depend upon population. . . . . . . . . . . . . . . . . . II juvenile court jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II legislature may create. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ordinances, jurisdiction over violations. . . . . . . . . . . . . . . . . . II pleadings, oral when less than twenty-five dollars involved, written when case involves twenty-five dollars or In Ore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 582 582 579 582 573 577 573 573 573 585 579 576 585 573 573 591 745 707 707 708 707 707 747 707 707, 774 707 712 712 710, 713 707 707 730 707 730 707, 708 745 707 730 707 707 710 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section ( on- taining the reference. 1018 Vol. IV * e e º cº Index Provisions of Present Constitution and Projet Part I Volume Page” power to create . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 retirement of judges, retirement pay. . . . . . . . . . . . . . . . . . . II 583 second city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . II 713 term of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707, 774 CITY DEBT, Board of Liquidation of, legislature to have no power to change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 259 CITY JUDGE, power and jurisdiction of, as ex-officio juvenile court judge II 730 CITY OF NEW ORLEANS, See NEW ORLEANS. CITY-PARISH CONSOLIDATION, See CONSOLIDATION. majority vote of parish electors required. . . . . . . . . . . . . . . . III 298 provisions relating to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 special election for purpose of . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 within same parish authorized. . . . . . . . . . . . . . . . . . . . . . . . . . III 298 CITY-PARISH GOVERNMENT OF BATON ROUGE, . personnel system, status under to continue upon adoption of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 591 CIVIC ENTERPRISES, property used to conduct, exempt from taxation. . . . . . . . . . III 173, 173 CIVIL, action, special and local laws concerning, prohibited. . . . . . II 387 CIVIL ACTIONS, local laws concerning prohibited. . . . . . . . . . . . . . . . . . . . . . . . II 388 rules of pleading, practice and procedure in, legislature may authorize supreme court to make and pro- mulgate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 CIVIL CASES, appeal to supreme court to be upon both law and facts. . . . II 637 changing of venue, special and local laws affecting, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 domestic relations courts, selection and drawing of jurors. . II 739 prohibition against local and special laws changing venue in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 CIVIL DISTRICT COURT, additional salary of judges for managing judicial expense und . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 677 clerk of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 765 duties in connection with judicial expense fund. . . . . . . . II 677 clerk's salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 concurrent jurisdiction with first city court, Orleans Parish II 710 control over judicial expense fund. . . . . . . . . . . . . . . . . . . . . . II 677 deputies and employees from other courts and offices, con- trol over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 677 election of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . II 695 for parish of Orleans Articles. 134 to 138 of Constitution of 1898 with reference thereto, temporarily effective II 571 for parish of Orleans authority of judges to fill certain vacancies temporarily . . . . . . . . . . . . . . . . . . . . . . . . . . II 765 habeas corpus, power to issue writ of. . . . . . . . . . . . . . . . . . . II 580 how composed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 691 judges of, additional salary payable out of judicial expense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 677 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1019 Vol. IV Index © Q º © tº Part | Provisions of Present Constitution and Projet Volume CIVIL DISTRICT COURT, (continued) authority to fix fees for services of said court and officers thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authority to regulate salaries and expenses from judicial expense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II control over judicial expense fund of parish of Orleans.. II duty to file statements on condition of judicial expense fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judges of, how elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II when term expires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judicial expense fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II method of filling vacancy in office. . . . . . . . . . . . . . . . . . . . . . . II number of deputies and employees, power of judges to regulate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II number of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II original civil jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II powers in aid of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . II preference for trial of cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . II retirement of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right of judge to issue writ of habeas corpus. . . . . . . . . . . . II salaries of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II suits on claims arising from Caernarvon Break. . . . . . . . . . III Supreme Court to assign district judges to . . . . . . . . . . . . . . . II term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to prescribe order of preference for trial of cases. . . . . . . . . II writs in general, power to issue. . . . . . . . . . . . . . . . . . . . . . . . II CIVIL DISTRICT COURT CLERK, under 1921 Constitution, to remain in office until next state- wide election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CIVIL DISTRICT COURT FOR PARISH OF ORLEANS, legislature may change number of judges of . . . . . . . . . . . . . . II number of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Orleans Parish to have one clerk for. . . . . . . . . . . . . . . . . . . . II parish of Orleans to constitute single judicial district with II to exercise civil jurisdiction conferred on district courts by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CIVIL LIBERTIES, preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CIVIL POWER, military subordinate to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CIVIL RIGHTS, cases involving, district court to have exclusive original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CIVIL SERVICE, See CIVIL SERVICE COMMISSION. appeal, in cases of discrimination or disciplinary action, right of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III applicability to classified civil service employees of over One year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appointment, to be by competitive examination, as far as practical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appointments, rules to establish where certification not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III bills amending or repealing, two-thirds majority of legis- lature required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 677 677 677 677 695 695 695 792 677 693, 695 765 677 691, 691, 695 695 580, 580 57.1 583, 583 580 695 678 695 660, 695 57.1 580, 580 745 691 691 764 664 693 7 28 693 582 591 582 583 511 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1020 Vol. IV Provisions of Present Constitution and Projet º Volume Page” certification, rules to establish where not required. . . . . . . . III 588 certification for appointment or promotion, commission to provide for method of, number not to be less than three . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 588 city and state, certification required before payment for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HI} 591 compensation payment disallowed before certification . . . III 591 removal and disciplinary cases to be subject to judicial - review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 538 competitive examination, permanent appointments and pro- motions to be by, as far as practical. . . . . . . . . . . . . . III 582 constitutional provisions self-executing. . . . . . . . . . . . . . . . . . III 535 created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 disciplinary action to be for cause. . . . . . . . . . . . . . . . . . . . . . III 582 duties and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 emergency appointments, certification not required. . . . . . . III 588 existing laws remain in effect. . . . . . . . . . . . . . . . . . . . . . . . . . III 529 existing or after-created commission or personnel board, application of constitution to . . . . . . . . . . . . . . . . . . . . . III - 534 in certain municipalities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 merit system in certain municipalities. . . . . . . . . . . . . . . . . . . III 511 Municipal Fire and Police Civil Service Law, abolition of positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 561. allocation of positions to classes. . . . . . . . . . . . . . . . . . . . . . . HII 549 appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ii I - 564 appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 547 certification and appointment. . . . . . . . . . . . . . . . . . . . . . . . . III 556 cities to which applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 535 civil Service board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 565 administration of oaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 565 creation . . . . . . . . . . e e e º e º e º 'º e º º e g º e º e º e º 'º e º º tº g tº º C & III 53.8 duties of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 542 legal services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIſ 568 meetings, members of board eligibility, oath of office, organization, quorum, removal from office, secretary, subpoenas issuance, term of office. . . . . . . . . . . . . . . . . III 538, 565 class titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iiſ 549 classification plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 548 classified and unclassified service. . . . . . . . . . . . . . . . . . . . . III 547 continuation of existing system. . . . . . . . . . . . . . . . . . . . . . . III 538 definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 536 demotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 550 demotions, disciplinary action. . . . . . . . . . . . . . . . . . . . . . . . . III 562 demotions, reinstatement lists. . . . . . . . . . . . . . . . . . . . . . . . III 552 effect of other laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 569 election to accept provisions. . . . . . . . . . . . . . . . . . . . . . . . . . III 569 employment lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 55.2 examiners, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 existing personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 550 forfeiture of position by refusal to appear before board III 565 investigations and disciplinary action. . . . . . . . . . . . . . . . . III 562 lay-offs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 561 leaves of absence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 561 penalty for violation of law. . . . . . . . . . . . . . . . . . . . . . . . . . III 569 political activity prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . III 566 prohibited acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 566 promotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 552 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1021 Vol. IV Index * @ e tº Part | Provisions of Present Constitution and Projet Volume Page” CIVIL SERVICE, (continued) ge promotions, rejection, reinstatement in old position...... III 551 promotions, tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 553 reemployment after layoff. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 551 reemployment after resignation. . . . . . . . . . . . . . . . . . . . . . . III 551 refusal to obey subpoena, contempt. . . . . . . . . . . . . . . . . . . . III 565 reinstatement after service in armed forces. . . . . . . . . . . . III 548 reinstatement of employees. . . . . . . . . . . . . . . . . . . . . . . . . . III 551 removal for cause. . . . . . . . . tº e º e º e e º e e º e e s e e e º 'º e º e º e o e III 562 report by appointing authority. . . . . . . . . . . . . . . . . . . . . . . III 566 rules and regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 543 self-operative . . . . . . & e º e º 'º e e s e º e º 'º º e º e º e º e º e º is e s & e s a III 569 seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 536 Service in armed forces, additional points. . . . . . . . . . . . . III 552 state examiner, appropriation. . . . . . . . . . . . . . . . . . . . . . . . . III 547 state examiner, bond; deputy examiner; oath of office; office; office created; qualifications; removal; salary; Secretary of municipal board. . . . . . . . . . . . . . . . . . . . . III 544 suspension of employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 562 temporary appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 559 tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 553 title of law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 535 transfers between positions. . . . . . . . . . . . . . . . . . . . . . . . . . III 551 vacancies, method of filling. . . . . . . . . . . . . . . . . . . . . . . . . . III 550 working tests for new employees. . . . . . . . . . . . . . . . . . . . . . III 558 exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 534 New Orleans, laws applicable. . . . . . . . . . . . . . . . . . . . . . . . . . III 531 non-competitive test, as requirement for permanent status upon adoption of constitution. . . . . . . . . . . . . . . . . . . . . III 591 permanent appointments, to be made only after certification III 582 permanent status, entitled to, under new constitution. . . . . . III 591 promotion by, to be by competitive examination, as far as practical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 rules prohibited, abrogation of right to vote freely. . . . . . . . III 585 rules permitted, attendance records, uniform regulations covering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 classified positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 compliance with standards established by federal agency, provision for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 contributions to political organizations, prohibition of . . . III 585 disbursements for personnel services. . . . . . . . . . . . . . . . . . III 585 establishment of requirements of training, experience. . . III 585 establishment of uniform pay plans. . . . . . . . . . . . . . . . . . . III 585 establishment of work-test periods. . . . . . . . . . . . . . . . . . . . III 585 enumeration for illustration not to be limitation of . . . . III 585 fix rates of compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 hours of work, uniform regulations covering. . . . . . . . . . . III 585 lay-offs, uniform regulations covering. . . . . . . . . . . . . . . . . III 585 leaves of absence, uniform regulations covering. . . . . . . . III 585 on-the-job training programs, establishment of . . . . . . . . . III 585 payment of salary, uniform regulations covering . . . . . . . III 585 political activity, prohibition of . . . . . . . . . . . . . . . . . . . . . . III 585 service rating system, establishment of uniform. . . . . . . . III 585 separations, uniform regulations covering. . . . . . . . . . . . . . III 585 sick and annual leave, uniform regulations covering. . . . III 585 temporary, transient, emergency, conditional appoint- ment, definition and provision of . . . . . . . . . . . . . . . . . III 585 State, abolition of positions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520, 524 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1022 Vol. IV tº e tºo e gº I X Provisions of Present Constitution and Projet E.” Volume Page” appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 527 regulations . . . . . . . . . . . . . . . . e e e º e º ºs e º 'º e tº e e º & C tº e º e ºs III 520 appropriation . . . . . . . . . . . . . . . . . . . . . . . . º º e º 'º e º & • e º 'º e e III 53.3 certification by commission required for payment of salaries . . . . . . . . . . . . . . . . . . . e ‘º e º 'o e e s e e e e º e º e s tº e º 'º III 525 certification for appointment or promotion. . . . . . . . . . . . . III 520 classification plan . . . . . . . . . . . . . © e º º e º e º 'º e º e o 'º e º e > * > * * III 520 classified civil service, positions comprising. . . . . . . . . . . . III 517 commission, compensation of members. . . . . . . . . . . . . . . . . III 525 domicile at Baton Rouge. . . . . . . . . . . . . . . . . . . . . e e e e º 'º III 516 establishment . . . . . . . e tº e o e e s e e s tº e º e º e º 'º e e s s e º e º 'º e e III 514 members . . . . . . . . . . . . . . e is a e º e º 'º e s tº e e º e s e e s e º 'º e º e º 'º III 514 nominations by presidents of educational institutions. . III 514 oath of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 516 oaths, power to administer . . . . . . . . . . . . . . . . . . . . . . . . III 527 political candidacy prohibited. . . . . . . . . . . . . . . . . . . . . . . III 516 term of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 514 vacancies, filling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º º III 514 violations by members, forfeiture of office. . . . . . . . . . . III 529 contempt of court. . . . . . . . . . . . . . . . . . © e e e e s e e e e s tº e s e º 'º III 527 cooperation with other governmental agencies. . . . . . . . . . III 525 director of personnel, appointment and duties. . . . . . . . . . III 516 discrimination prohibited . . . . . . . . . . . . . . . . . . . . . . * * e º º III 526 effective date . . . . . . . e Q e º ºs º e º ºs e e o e º e e e º e º 'º e º e º ºs e º 'º & © tº III 531 enforcement of rules and regulations by members or injunction . . . . . . . . . tº e e s e e e º e s e e º e e º e o e º e º e s e º 'º o III 529 examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 516 failure to obey subpoena, misdemeanor. . . . . . . . . . . . . . . . III 527 hearings to be public. . . . . . . . . . . . . . . . . . . . © e º e º e º e e º 'º - III 516 hours of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520 illegal employment, withholding of compensation. . . . . . . III 529 investigation of violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 527 lay-offs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520, 524 leaves of absence, regulations. . . . . . . . . . . . . . . . . . . . . . . . . III 520 Louisiana merit system council, transferred to state civil service commission . . . . . . . . . . . . . . . . . . . . . . . . . III 532 political activity prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . III 526 preferences in appointments. . . . . . . . . . . . . . . . . . . . . . . . . . IHI 520 promotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520, 524 records to be public, exceptions. . . . . . . . . . . . . . . . . e is a e º a III 525 reinstatements regulations . . . . . . • * * * * g e e g º e - e e e º c e s tº e III 520 rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e º e III 520 service rating system, payment of salaries. . . . . . . . . . . . . III 520 state examiner of municipal fire and police civil service, duties respecting . . . . . . . . . . . . . . . . . . . . . . . . . e e º 'º e º III 544 “state service” or “civil service of state,” defined. . . . . . . III 512 transfer of employees, regulations. . . . . . . . . . . . . . . . . . . . . III 520 unclassified service designated. . . . . . . . . . . . . . . . . . . . . . . III 517 vacancies, method of filling. . . . . . e e º e º e º 'º e e º e o 'º e º e º e º 'º III 524 violations, penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 529 work-test periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520 status under City Civil Service Law or Merit System Council, to continue upon adoption of constitution. . III 591 CIVIL SERVICE COMMISSION, appointment of, provisions relating to nomination. . . . . . . . III 511 city and state, disciplinary cases, to be heard and decided by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 583 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1023 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume CIVIL SERVICE COMMISSION, (continued) city and state, removal cases, to be heard and decided by.. III composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III members, term of office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III removal from, procedure provided by Article VIII. . . . . . . . III rules, adoption of, enumeration of subjects. . . . . . . . . . . . . . . III to provide method of certification. . . . . . . . . . . . . . . . . . . . . . . III vacancy in office, how filled by appointment. . . . . . . . . . . . . . III CIVIL SERVICE COMMISSION FOR CITIES, See CITY CIVIL SERVICE COMMISSION. appointment to, provisions relating thereto. . . . . . . . . . . . . . III creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CIVIL SERVICE LAW, city, personnel under, to retain status upon adoption of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CIVIL SERVICE RATING SYSTEM, uniform rules establishing, permitted. . . . . . . . . . . . . . . . . . . . III CIVIL SHERIFF, in Orleans, to be ex officio collector of taxes. . . . . . . . . . . . . . III Orleans Parish, under 1921 constitution, to remain in office until next state-wide election. . . . . . . . . . . . . . . . . . . . . III parish of Orleans, how elected, term of office. . . . . . . . . . . . . II vacancy, how filled temporarily. . . . . . . . . . . . . . . . . . . . . . . . . II CIVIL SUITS, appellate jurisdiction of Supreme Court. . . . . . . . . . . . . . . . . II CLAIM, against state, legislature shall have no power to pay, with- out express authority of law. . . . . . . . . . . . . . . . . . . . . . II to immovable property forfeited or adjudicated to state, for non-payment of taxes, when prohibited . . . . . . . . . III CLAIMS, for unpaid taxes and licenses, prescription date. . . . . . . . . . III prohibition against payment of, unauthorized. . . . . . . . . . . . II to continue and remain unaffected by adoption of constitu- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CLAIMS AGAINST THE STATE, unauthorized claims, authorizing payment by legislature prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CLASS, of municipality, legislation applicable to fewer than five, election required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CLASSIFICATION, of municipalities, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . Ij I of taxes, legislature may provide or authorize. . . . . . . . . . . . III state personnel, civil service rules establishing, permitted III CLASSIFIED CIVIL SERVICE, See STATE CIVIL SERVICE; CITY CIVIL SERVICE. cities, creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III exemptions from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III officers and employees excepted, enumeration of . . . . . . . . . . III retention of status under, upon adoption of constitution... III CLASSIFIED EXCISE TAX, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CLEMENCY, governor's powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 588 511 511 511 576 585 588 511 573 573 591 585 761 745 761 7.62 619, 637 380 204 205 380, 380 745 380, 380 266 266 269 585 573 579 579 591 135 463 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1024 Vol. IV Provisions of Present Constitution and Projet º: Volum Page” CLERK, e g courts of appeal may appoint. . . . . . . . . . . . . . . . . . . . . . . . . . . II 567, 568 of the house of representatives. . . . . . . . . . . . . . . . . . . . . . . . . II 188 delivery of signed bills by. . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 to be appointed by Supreme Court. . . . . . . . . . . . . . . . . . . . . . II 567, 567 CLERKS, in Orleans parish, provisions for. . . . . . . . . . . . . . . . . . . . . . . . II 764 occupational license tax not to be levied. . . . . . . . . . . . . . . . . III 189, 190 of court, to give bonds as required by law. . . . . . . . . . . . . . . II 764 of district courts, empowered to enter defaults and render and sign judgment in certain cases. . . . . . . . . . . . . . . II 704 of Supreme court and courts of appeal, selection and re- moval of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 CLERKS OF COURTS, See CIVIL DISTRICT Court; CRIMINAL DISTRICT Courts; DISTRICT CourTs; JUVENILE CourT. civil district court, salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 courts of appeal, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . II 568 criminal district court. . . . . . s e e º e o e e s e e s e e s e º e s e s s a e e s e II 695, 676, 794 deputy clerks of criminal district court, appointment, salary II 695 district court clerks acting as clerks for courts of appeal.. II 568 employees and deputies of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 fees regulated by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 582 first city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . II 710 juvenile court, district court clerks, ex-officio clerks. . . . . . . II 730 minute clerk of criminal district court. . . . . . . . . . . . . . . . . . . II 676 salary of clerk of criminal district court. . . . . tº ſº tº º tº ſº e º ſº tº º II 794 second city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . II 713 Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 term of office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 to be elected at general state election. . . . . . . . . . . . . . . . . . . . II 764 to be ex officio notary public. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 to give bonds as required by law. . . . . . . . . . . . . . . . . . . . . . . . II 764 to be parish recorder of conveyances, mortgages and other acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 vacancies in office, Orleans Parish, methods of filling. . . . . . II 765 CLERKS OF DISTRICT COURT, bond required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 how elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 deputies may be continued in office by court in case of V8 Cancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 may appoint deputies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 legislature may vest certain powers in. . . . . . . . . . . . . . . . . . . II 764 power of deputies. . . . . . . . . . . . . . . e e º e e s e º e s e s e e º e º & a tº 8 º' II 764, 764 qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 to be ex-officio notaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 to be parish recorder of conveyances, mortgages and other acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 to be one in each parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 to receive salary, compensation and expenses as fixed by law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 vacancy in office of, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 59 COAST GUARD, station authorized on Lake Pontchartrain. . . . . . . . . . . . . . . III 616 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1025 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume Page” CODE, See CRIMINAL CODE. criminal, how adopted. . . . . . . . . . . . . . . . . . . © tº s e º & e s e º º e º e II 169, 170 of criminal procedure, adoption provided for. . . . . . . . . . . . . II 190 mineral, adoption provided for. . . . . . . . . . . . . . . . . . . . . . . . . . II 190 of laws, how enacted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 169, 170 of the oil, gas and mineral laws, see MINERAL CODE. CODE OF LAWS, adoption by general reference prohibited. . . . . . . . . . . . . . . . . II 169 bills revising, reading and promulgation prescribed by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169 CODES, See LAWS. how revised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 170 CODIFICATION OF LAWS, statute enacting or revising deemed to embrace only one object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168 COLLATERAL HEIRS, tax limitation on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 COLLECTION, See TAXES. COLLECTION OF TAXES, time for, special and local laws extending, prohibited. . . . . II 387 COLLECTOR OF REVENUE, See DEPARTMENT OF REVENUE. COLLECTOR OF TAXES, In Orleans, civil sheriff to be ex-officio. . . . . . . . . . . . . . . . . . . II 761 official duties, special and local laws relieving assessor from performance of, prohibited. . . . . . . . . . . . . . . . . . II 387 sheriff to be ex-officio. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 761 to give bonds as required by law. . . . . . . . . . . . . . . . . . . . . . . . II 761 COLLECTORS OF PUBLIC FUNDS, Subject to suspension when in arrears. . . . . . . . . . . . . . . . . . . III 118, 119 COLLEGE FUND, amount to be transferred to. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 COLLEGES, See BoARD OF CONTROL OF STATE CollBGES; EDUCATION; INSTITUTIONS OF HIGHER LEARNING; EDUCATIONAL INSTITUTIONS; STATE BOARD OF CONTROL OF STATE COLLEGES. exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 170, 170 state, personnel excepted from classified civil service. . . . . . III 579 COMBINATIONS, attorney general, enforcement of laws against. . . . . . . . . . . . II 40 in restraint of trade prohibited. . . . . . . . . . . . . . . . . . . . . . . . II 40 ouster of corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 40 COMBUSTIBLES, e e - tº e parishes or municipalities prohibited from taxing. . . . . . . . III 278 COMMANDER-IN-CHIEF, governor as, of armed forces of state. . . . . . . . . . . . . . . . . . . . II 453 COMMERCE, e dº º maintenance of improvements on riparian property for purposes of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 609, 610 port of New Orleans, regulation of, by Board of Commis- sioners of Port of New Orleans. . . . . . . . . . . . . . . . . . . III 643 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1026 Vol. IV Provisions of Present Constitution and Projet º: º Volume Page” COMMERCIAL DISTRICTS, See ZONING. municipalities and parishes authorized to zone territory into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324, 324 COMMISSION, to regulate wages, etc., of women and girls. . . . . . . . . . . . . . II 394, 394 COMMISSIONER AT ELECTION POLLS, elector's right to serve, not to be abridged. . . . . . . . . . . . . . . III 81, 81 elector's service on, not to act as disqualification for elec- tion or appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 81, 81 compºsionER OF AGRICULTURE AND IMMIGRA- 3. appointment to fill vacancy, ratification by senate. . . . . . . . II 428 appropriations for clerical and other expenses. . . . . . . . . . . II 444 duties and powers prescribed by legislature. . . . . . . . . . . . . II 516 elective office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 how vacancy in office filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 legislature's duty to make appropriation for expenses of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 member of executive department. . . . . . . . . . . . . . . . . . . . . . . II 428 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 COMMISSIONER OF CONSERVATION, appointed by governor with consent of senate. . . . . . . . . . . . II 428 his salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 how vacancy in office filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 legislature’s duty to make appropriation for expenses of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 member of executive department. . . . . . . . . . . . . . . . . . . . . . . II 428 term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 COMMISSIONERS, election, transmittal of election results to secretary of state II 442 COMMISSIONS, countersigned by Secretary of state. . . . . . . . . . . . . . . . . . . . . . II 507 for governor's appointment, date of expiration. . . . . . . . . . . II 478 form of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 507 issuance by governor, requirements. . . . . . . . . . . . . . . . . . . . . II 507 issued in name of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 507 legislature’s power to merge or consolidate. . . . . . . . . . . . . . II 188 members of, excepted from classified civil service. . . . . . . . . III 579 seal of state attached. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 507 COMMISSIONS, OFFICES AND BOARDS, executive and administrative, authority of legislature to consolidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 COMMITTEES, See LEGISLATURE. conference reports adopted by majority of members elected thereto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 143, 143 legislative, empowered to make legislative investigations effective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160 report on bills in legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . II 139, 139 COMMON CARRIERS, books accessible to Supervisor of Public Accounts to verify monthly gasoline tax reports. . . . . . . . . . . . . . . . . . . e Q II 295, 307 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 102.7 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume COMMON CARRIERS, (continued) equipment operated by, ad valorem tax may be levied against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Supervisor of Public Accounts authorized to institute legal proceedings to compel production of books for his inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II COMMUNICATION, construction of, in incorporated town or city, special and local laws authorizing, prohibited. . . . . . . . . . . . . . . . . II rights of way through public lands for, power of state to grant not to be denied by limitation on use of state credit, funds, or property, Article IV, Section 11(A) II COMMUNITIES, appropriations to, for private, charitable or benevolent purposes prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . II community centers and playgrounds, districts in Jefferson parish may issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . III COMMUTATION, how sentences commuted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II in cases of impeachment or treason, power denied. . . . . . . . II recommendations required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II COMPANIES, See CORPORATIONS. COMPELLED CONFESSION, See CONFESSION. prohibited . . . . . . . . . . . . © e º 'º e º e º 'º e e º e º 'º e º e s e º e º e º e º e º e e II COMPENSATION, See FEES; SALARIES; WAGES. extra, legislature shall have no power to grant, without express authority of law. . . . . . . . . . . . . . . . . . . . . . . . II for expropriation of wharves, buildings and improvements of riparian owners of property on navigable waters III just an sequate required in taking private property by II State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of executive officers, to be fixed by legislature. . . . . . . . . . . . II of judges, fees for services prohibited. . . . . . . . . . . . . . . . . . . II of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II other than fixed by legislature, prohibited. . . . . . . . . . . . . . . II registrar of voters, to be provided for by legislature. . . . . . III required when vested rights divested. . . . . . . . . . . . . . . . . . . II State Board of Education, Board of Control, Board of Supervisors, to serve without. . . . . . . . . . . . . . . . . . . . . III state personnel, civil service rules establishing pay plans permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III civil service rules fixing rates of, permitted. . . . . . . . . . . . III civil service rules governing disbursement for personnel services permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III disallowed before certification after one year of consti- tution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III succeeding or acting governor, same as that of governor.. II to be paid before taking private property for public DUI pose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II COMPETITIVE BIDDING, required for purchase of supplies by the state. . . . . . . . . . . . II COMPETITIVE EXAMINATIONS, permanent appointments in classified civil service to be based upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - III Page” 145 307 387 366 206 397 463 380 609, 610 8 444 581 187 444 84, 84 8, 8 456, 456 535 585 535 591 472 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1028 Vol. IV tº º º e C. Ind Provisions of Present Constitution and Projet E.” Volume Page” COMPULSORY PROCESS, right of accused to, for witness. . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 COMPULSORY RETIREMENT, of judges of courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 CONCEALED WEAPONS,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 laws prohibiting the carrying of, permitted. . . . . . . . . . . . . II 17 CONDUCT, DISORDERLY, See DISORDERLY CONDUCT. CONFEDERATE MEMORIAL MEDICAL CENTER, BOND ISSUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 326 CONFEDERATE VETERANS, amount of pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 321, 367 anticipation of revenue for pension payment. . . . . . . . . . . . II 321 authority to grant pensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 321, 367 back pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 323 payment of pensions by Board of Liquidation. . . . . . . . . . . . II 237 pensions for, power of legislature to provide, not limited by Article 11 (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 367 tax levy to pay pension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 321 CONFERENCE, COMMITTEES OF, See COMMITTEES. CONFESSION, compelled, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23 free and voluntary making required. . . . . . . . . . . . . . . . . . . . II 23 of judgment prior to maturity of obligation sued upon, exception noted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563, 563 of treason, necessary in open court to convict. . . . . . . . . . . . II 25 CONFIDENTIAL COMMUNICATIONS, legislature directed to provide for . . . . . . . . . . . . . . . . . . . . . . II 516 CONFIDENTIAL POSITIONS, when excepted from classified civil service. . . . . . . . . . . . . . III 579 CONFIRMATION, See Governor; OFFICES; SENATE. CONFISCATED PROPERTY, heirs to, released from taxes at date of reversion. . . . . . . . . II 383,383 CONFLAGRATION, loans to parish, approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 postponement of taxes on account of . . . . . . . . . . . . . . . . . . . . III 200 CONGRESS, election of members of, legislature shall fix time for . . . . . . III 58, 59 member of, ineligible to state legislature or other office. . . . III 92, 92 vacancy in office, time of election to fill. . . . . . . . . . . . . . . . . . III 58 CONGRESSIONAL DISTRICTS, state board of education members to be elected from . . . . . . III 425, 426 state board of health, members appointed from . . . . . . . . . . . II 515 CONGRESSIONAL ELECTION, election of judges of district courts at . . . . . . . . . . . . . . . . . . . II 660 where question of the retention of a judge in office to be submitted at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 CONGRESSIONAL LEGISLATION, power of state to make effective cooperation with federal government, under any . . . . . . . . . . . . . . . . . . . . . . . . . II 362 CONGRESSIONAL PRIMARY ELECTION, question of the retention of a judge in office to be sub- & mitted at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1029 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” CONSERVATION, statutes, violation of, legislature to provide venue and prosecution when offense in Gulf of Mexico. . . . . . . . II 701 CONSERVATION DEPARTMENT, See COMMISSIONER OF CONSERVATION. CONSERVATION OF NATURAL RESOURCES, See COMMISSIONER OF CONSERVATION; DEPARTMENT OF WILD LIFE AND FISHERIES; Forestry. commissioner of conservation. . . . . . . . . . . . . . . . . . . . . . . . . . . II 511 legislature's duty to protect natural resources. . . . . . . . . . . . II 508 powers of commissioner of conservation. . . . . . . . . . . . . . . . . II 511 powers of commissioner of wild life and fisheries. . . . . . . . . II 508 powers of Louisiana forestry commission. . . . . . . . . . . . . . . . II 509 purposes for which created. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 508, 509, 511 CONSOLIDATION, municipal corporations, special taxes to refund or exchange outstanding bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 322 II 322 municipal and parochial government, legislature to provide method for. . . . . . . . . . . . . . . . . . . . . III 298 majority vote of parish electors required. . . . . . . . . . . . . . III 298 provisions for city-parish home rule charter. . . . . . . . . . . . III 298 within parish authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 municipalities, in adjoining parishes, legislature to pre- scribe manner of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 majority vote of electors of each required. . . . . . . . . . . . . III 293 of executive and administrative offices, boards and com- missions authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 of parish into contiguous parish, majority vote required. . . III 307, 308 power of legislature to consolidate certain offices. . . . . . . . . . II 428 CONSTABLES, fees in civil cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 581, 581 first city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . II 710 election from wards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 office created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 payment of salaries from fees collected. . . . . . . . . . . . . . . . . . II 582 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 salary to be fixed by police jury and paid by parish. . . . . . . II 581 second city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . © e e II 718 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 CONSTITUTION, See SCHEDULE. adoption of, civil service, provisions relating to status of classified personnel upon. . . . . . . . . . . . . . . . . . . . . . . . III 591 effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 755, 756 extraordinary session to enact necessary legislation by adoption of constitution . . . . . . . . . . . . . . . . . . . . . . . . . III 755 failure to carry out duty or obligation imposed by, cause for impeachment of governor. . . . . . . . . . . . . . . . . . . . . II 482 governor to see that constitution is executed faithfully... II 453 heading or subheading, not part thereof. . . . . . . . . . . . . . . . III 754 marginal notes, not part of constitution. . . . . . . . . . . . . . . . . . III 754 of 1898, certain provisions continued in effect. . . . . . . . . . . . III 761, 767 of 1913, certain provisions continued in effect. . . . . . . . . . . . III 761, 767 of 1921, certain provisions continued in effect. . . . . . . . . . . . III 737 of 1921, effect of Projet on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 737 of 1921, superseded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 753 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1030 Vol. IV Provisions of Present Constitution and Projet º Volume Page” orders, votes, resolutions relating to amendments, signa- ture not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160 signed—See SIGNED CONSTITUTION state, oath or affirmation to support, prescribed. . . . . . . . . . III 91, 91 titles and subtitle printed therein, not part of constitution. III 754 CONSTITUTION ESTABLISHED, Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7 CONSTITUTION OF UNITED STATES, orders, votes, resolution relating to amendment of, signa- ture of governor not required. . . . . . . . . . . . . . . . . . . . . II 160 CONSTITUTION ORDAINED, preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7 CONSTITUTIONAL AMENDMENT, affecting entire state, majority vote of all electors required III 707 affecting one or more subdivisions of state, majority vote of that area required. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707 do not require approval of governor. . . . . . . . . . . . . . . . . . . . II 160, 160 effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707, 704, 707, 708 election of, time to be prescribed by legislature. . . . . . . . . . . III 707, 708 election results to be contained in governor’s proclamation III 707 how proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 619, 703,704, 707 introduction to be at first part of split session. . . . . . . . . . . III 703 issuance of governor’s proclamation. . . . . . . . . . . . . . . . . . . . . III 707 numbered consecutively . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 704 III 725 CONSTITUTIONAL OATH OF OFFICE, officers to take. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 91, 91 CONSTITUTIONAL QUESTIONS, appellate jurisdiction of Supreme Court. . . . . . . . . . . . . . . . . II 626, 626 CONSTITUTIONALITY, reference of bills and resolutions to legislative bureau to determine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146 CONSTITUTIONS, continuance of existing laws in force. . . . . . . . . . . . . . . . . . . . III 737, 737 of 1898 and 1913–See SCHEDULE. pending actions, unaffected by adoption. . . . . . . . . . . . . . . . . III 745, 746 prior constitutions Superseded. . . . . . . . . . . . . . . . . . . . . . . . . . III 753, 753 CONSTRUCTION OF CONSTITUTION, rules concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 762 CONTEMPT, by members of legislature, cause for punishment or ex- pulsion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118 by persons not members of legislature, punishable. . . . . . . . II 126 courts power to punish for, legislature to limit. . . . . . . . . . . . II 561 members of legislature, power of either house to punish for II 119 of court, public service commission, power to punish. . . . . . . II 398 of house of representatives, how punished. . . . . . . . . . . . . . . . II 118, 119, 126 of senate, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119, 126 power of courts to punish for, limited. . . . . . . . . . . . . . . . . . . II 561, 561 CONTEMPT OF COURT, civil service law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 527 refusal to obey subpoena of municipal fire and police civil service board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 565 CONTEMPTUOUS BEHAVIOR, See CONTEMPT. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1031 Vol. IV ind tº º - & s = º - o jº Provisions of Present Constitution and Projet Volume CONTESTED ELECTIONS, See ELECTION. person may be compelled to testify in trial of . . . . . . . . . . . . II withholding of testimony upon ground of self-incrimination, prohibited . . . . . . . . . . . . . . . . e e s e º e º & e º 'º • * * * * * * * * * * II CONTINGENT APPROPRIATIONS, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CONTINGENT EXPENSE COMMITTEES, of houses of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CONTINGENT FUND, money from treasury for, prohibited. . . . . . . . . . . . . . . . . . . . II CONTINUANCE OF CASES, granted members of constitutional convention during con- vention . . . . . . . . . . . . . . . . . . . . . . . . . . . . • e s e e a e º e º 'º a III CONTRACT, for maintenance and asylum for destitute and incapacitated persons, not effected by limitation on use of state credit, funds, or property, in Article IV, Section 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II payment of claim against state under, invalid and void without express authority of law. . . . . . . . . . . . . . . . . . II CONTRACTOR, public, granting of extra compensation, fee, or allowance to, express authority of law required. . . . . . . . . . . . . . II CONTRACTS, continuance in effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III laws impairing obligation of contracts prohibited. . . . . . . . II of state for Supplies, how made. . . . . . . . . . . . . . . . . . . . . . . . II to continue and remain unaffected by adoption of constitu- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III under Constitution of 1921 recognized. . . . . . . . . . . . . . . . . . . III CONVENTIONS, See ELECTION. constitutional convention, loan to defray expenses of . . . . . III political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CONVEYANCES, See REGISTERS OF CONVEYANCES. parish recorder of, clerk of court to be ex-officio. . . . . . . . . . II to United States by state and its agencies, political corpora- tions and subdivisions permitted. . . . . . . . . . . . . . . . . . II CONVICTION, in impeachment cases, to cause disbarment. . . . . . . . . . . . . . III to disqualify judge, district attorney or attorney general from practicing law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Vote necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III of legislator, for accepting fee or reward for vote. . . . . . . . II of treason, requirement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CONVICT LABOR, - * > leasing or hiring of, prohibited, exceptions. . . . . . . . . . . . . . . II legislature's power to authorize use. . . . . . . . . . . . . . . . . . . . . . II restrictions on leasing to private individual. . . . . . . . . . . . II CONVICTS, See PENAL INSTITUTIONS. authority of legislature to authorize employment of . . . . . . . II farms, employment of convicts on. . . . . . . . . . . . . . . . . . . . . . II Page” 208,209 188 208, 209 361 380 380, 380 745, 746 8, 8 122 745, 746 751 763 63 764 362,362 110, 110 110, 110 110, 110 121 25 410, 411 410, 411 411 410, 411 410, 411 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1032 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” leasing and hiring of... . . . . . . . . . . . . . . . e e º e s e e e - e º ſº º tº º º II 410, 411 prohibited from voting. . . . . . . . . . . . . . . . . . . . . . . . . . © e º e º 'º º III 45, 46 CONWAY MEMORIAL CHARITY HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . e - II 531 COOPERATION, in administration, between political corporation and United States, when authorized. . . . . . . . . . . . . . . . . . . . . . . . . III 331 of state with federal government, not affected by limitation on use of state credit, funds, or property. . . . . . . . . . II 362 CORONERS, acting in place of sheriff. . . . . . . . . . . . . . . e e e º e º & © e - e. . . . . . . II 767 cannot act as tax collector. . . . . . . . . . . . . . . . . . . . . • e º e º e º 'º tº II 767 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e ‘º e º e o e º e º e II 767,767 ex-officio parish physician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 767 fees regulated by legislature. . . . . . . . . e e g o e o e e º 'º e º e º e g o º II 582 one for each parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 767 parish of Orleans, how elected, term of office. . . . . . . . . . . . II 767 payment of salaries from fees collected. . . . . . . . . . . . . . . . . . II 582 physicians and surgeons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 767 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 767, 767 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 term of office . . . . . . . . . . . . . e t e º e º 'º e s tº º e º e s e e º 'º e g º e º ºs e º & II 767, 767 to act for and as sheriff in certain cases. . . . . . . . . . . . . . . . . II 767 vacancy to be filled by appointment of governor. . . . . . . . . . II 767 CORONER'S OFFICE IN JEFFERSON PARISH, tax levy authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 275 CORPORATIONS, See ASSOCIATIONS; MUNICIPALITIES; POLITICAL CORPORA- TIONs; PUBLIC CORPORATIONs; STOCKs. and corporate rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº tº II 38, 40 appointment of receivers or liquidators to, cases involving, district court to have exclusive original jurisdic- tion in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 association possessing corporate rights considered corpora- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 40 bonds issued only for money or money’s worth. . . . . . . . . . . . II 38 books and records in state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 39 canal company, rights in streams of state. . . . . . . . . . . . . . . II 39 charter forfeited when fictitious stock issued. . . . . . . . . . . . . II 38 contents of record book kept within state. . . . . . . . . . . . . . . . II 39 defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 40 fictitious stock issues void, charter forfeited . . . . . . . . . . . . . II 38 hydro-electric companies, rights in streams of state. . . . . . . II 39 indebtedness, liability, or obligation of, to state, release or extinguishment of, by legislature, prohibited. . . . . . II 383 investing, lending, pledging or donating funds, credit, or property of state, to any corporation or associa- tion or person, prohibited. . . . . . . . . . . . . . . . . . . . . . . . II 354 irrigation and navigation companies, rights in streams of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 39 joint stock companies included in term. . . . . . . . . . . . . . . . . . II 40 laws for creation and regulation of, legislature shall enact II 396, 396 local and special laws creating or amending charters pro- hibited, municipal corporations excepted. . . . . . . . . . II 388 monopolies, legislature shall prohibit. . . . . . . . . . . . . . . . . . . . II 3.96 navigable streams, right of certain to use. . . . . . . . . . . . . . . . II 39 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con taining the reference. - 1033 Vol. IV Index Part I Provisions of Present Constitution and Projet tº Volume CORPORATIONS, (continued) offices in state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II penalties against, for engaging in restraint of trade...... II perpetual franchises prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II political, under Special legislative charter, charter in ex- istence may be changed by local or special laws. . . . . III political corporations, owning stock in private concern prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against local or special laws incorporating bridge companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II regarding charters of... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II protection of public, legislation to provide for . . . . . . . . . . . . II public corporation owning stock in private concern pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II railroads declared public highways . . . . . . . . . . . . . . . . . . . . . II real estate holdings limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right to inspect books. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II special and local laws granting special or exclusive right, privilege, or immunity to, prohibited. . . . . . . . . . . . . . II state and political corporations prohibited from assuming liabilities of private corporations. . . . . . . . . . . . . . . . . . II state prohibited from becoming part owner of corporations II state prohibited from carrying on business of corporations II stock books, right to inspect. . . . . . . . . . . . . . . . . . . . . . . . . . . . II stockholders, legislature to provide for protection. . . . . . . . . II stocks or bonds, how issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . II CORRECTIONAL INSTITUTIONS, bond issue for construction and improvement of . . . . . . . . . . II CORRUPT PRACTICES, See LEGISLATURE. as cause for impeachment of governor. . . . . . . . . . . . . . . . . . II forfeiture of legislative office because of . . . . . . . . . . . . . . . . . II violation of election laws. . . . . . . . . . . . . . © e º e º e - e. e. e. tº e º ºs e º e III CORRUPTION, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III as cause for impeachment of governor. . . . . . . . . . . . . . . . . . . II COSTS, authority of Civil District Court and City Court in New Orleans to fix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II first city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . II COUNSEL, right of accused to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II COURT, costs, recovery of, upon acquittal in removal from office trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III for removal of justices of Supreme Court, composition of . . III judgment by majority of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III member may be challenged for reasonable cause. . . . . . . . III impeachment, composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . II place of, determined by its members. . . . . . . . . . . . . . . . . . II procedure outlined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II time of, determined by its members. . . . . . . . . . . . . . . . . . . . II presiding judge, recommendation to governor concerning granting of clemency. . . . . . . . . . . . . . . . . . . . . . . . . . . . II COURT COMMISSION, See JUDICIAL COMMISSIONS. Page” 39 40 40 245 354 387, 388 387, 387 396 353, 354 38 38 39 387, 388 353, 354 353, 354 353, 354 39 396, 396 38 326 482 121 46 109 482 678 710 19, 19 117 113 113 113 482 482 482 463 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1034 Vol. IV Provisions of Present Constitution and Projet º: Volum P # COURTS, e age See CITY COURTS; CIVIL CASEs; CIVIL DISTRICT CourT FOR PARISH OF ORLEANS: COURTS OF APPEAL; CRIMINAL CASES; CRIMINAL DISTRICT Court, PARISH OF OR- LEANs; DISTRICT ATTORNEYs; DISTRICT COURTs; EVI- DENCE; JURIES AND JURORS; JURISDICTION ; JUSTICE; JUSTICES OF PEACE; JUVENILE COURT; MUNICIPAL COURTS; PARISH OF ORLEANs; PRACTICE; PROCED- URE; SCHEDULE; SUPREME CourT; VENUE; WRIT OF HABEAS CORPUS. administered without denial, partiality, or unreasonable delay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14 appeal of denial to register to vote, courts to be open. . . . . . III 50, 50 appropriation for building, library and supplies. . . . . . . . . . II 790 assessment of property, correctness may be tested in . . . . . . III 135, 135 at time of adoption of constitution, See SCHEDULE. changing of venue in civil and criminal cases, special and local laws affecting, prohibited. . . . . . . . . e e º e o e º & © e e II 387 city courts for city of New Orleans, jurisdiction to remain the same until legislature creates municipal courts under constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 civil actions in, rules of pleading, practice and procedure, in, promulgation of . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º - II 570 clerks of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e s e e º 6 c e º e e II 764 continued in existence under existing names. . . . . . . . e - e º 'º III 739,745, 747 counsel, right to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19 criminal and civil action, special and local laws concerning, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 inferior courts, supervision of Supreme Court. . . . . . . . . . . II 616 inferior courts, reports to Supreme Court. . . . . . . . . . . . . . e II 570 issuance of writs of habeas corpus by judges, requirements of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e e II 580 judges of courts of record, retirment of, provisions for.... II 583 judicial power vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553 jurisdiction, in cases on main demand. . . . . . . . . . . . . . . © e º 'º II 564 in cases on reconventional and incidential demands. . . . . . II 563 special and local laws changing, prohibited. . . . . . . . . . . . II 387, 388, 555 laws relating to, to be uniform. . . . . . . . . . . . . . . . . . . . . . . . . II 555 except salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 555 limitation of power to punish contempts authorized. . . . . . . II 561 municipal court for city of New Orleans, jurisdiction to remain the same until legislature creates municipal courts under constitution. . . . . . . . . . . . . . . . . . . . . . . . III 745 municipal, failure of legislature to provide, effect of . . . . . . III 745 where judges permitted to practice law. . . . . . . . . . . . . . . . II 565 must be open. . . . . . . . . . . . . e tº e º e º e º e a e e º e º e º e º e º e e º e º e º e II 14, 14 of record, attachment of any other than judicial function prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 565 enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 557 removal of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114 when amount more than one hundred dollars. . . . . . . . . . . II 557 of some jurisdiction, laws relating to organization of, to be uniform and general. . . . . . . . . . . . . . . . . . . . . . . . . . II 555 laws relating to powers of, to be uniform and general. . . II 555 laws relating to proceeding of, to be uniform and general II 555 parish of Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 791, 792 power to punish for contempt, legislature to limit. . . . . & e is II 561 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1035 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume COURTS, (Continued) powers of, same jurisdiction, laws relating to, to be uni- form and general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II proceedings, special and local law changing rules of evi- ... dence, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against local or special laws regulating practice of jurisdiction of courts. . . . . . . . . . . . . . . . . . . . . . . . . . II rights of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right of courts to select and remove clerks and other per- sonnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right to resort thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II rules of evidence, special and local laws changing, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II shall be open and provide adequate remedy by due process of law and justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to perform no functions except as are judicial. . . . . . . . . . . II trials, change of venue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II place of trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II trial, right to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II venue, changing of, in criminal and civil cases, special and local laws affecting, prohibited. . . . . . . . . . . . . . . . . . . . II COURTS OF APPEAL, additional section of three district judges may be appointed by Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appeals in cases involving removal of other than state and district officers to lie with. . . . . . . . . . . . . . . . . . . . . . . . III appeals to be upon both law and facts. . . . . . . . . . . . . . . . . . . II appeals to, when returnable. . . . . . . . . . . . . . . . . . . . . . . . . . . . II appellate jurisdiction, over all civil and probate cases, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appointment to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authority to call in lawyer to sit on case. . . . . . . . . . . . . . . . . II authority to certify questions of law to Supreme Court. . . . II attorneys called in to sit in cases. . . . . . . . . . . . . . . . . . . . . . . II calling in judges to sit in cases, district judges. . . . . . . . . . . II cases, how tried. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II certification of any question of law before it to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II circuit judges, three to each circuit. . . . . . . . . . . . . . . . . . . . . II circuits, enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II circuits to be divided into districts. . . . . . . . . . . . . . . . . . . . . . II how composed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II concurrence of two judges necessary for decision. . . . . . . . . . II congested docket, assignment of district judges to court. . . II continuance in existence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ſº III costs of appeal fixed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II decisions to be reached in consultation. . . . . . . . . . . . . . . . . . II decisions to be reported and published. . . . . . . . . . . . . . . . . . . II deputy clerks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II election of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II first and second circuits, sheriffs and district clerks to at- tend sessions and execute orders. . . . . . . . . . . . . . . . . . II first circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II clerks of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II domicile of court to be in Baton Rouge; parishes in . . . . II parish sheriff's duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II places in which court held. . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 555 387 387, 388, 555 19 567 14, 14 337 14 565, 565 19 19 19 387 570, 57.1 117 656, 657 655 656 640 640 656, 657 640 640 57.1 656, 657 642 642 642, 643 642 639 639, 640 57.1 745, 747 568 640 567 568 640, 643 568 643 568 655, 655 568 655 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1036 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” habeas corpus, power to issue writ of . . . . . . . . . . . . . . . . . . . II 580, 580 how composed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639, 639 issuance of writs, orders, and process, permitted. . . . . . . . . II 580 judge, term not to be changed during tenure. . . . . . . . . . . . . II 559 territorial jurisdiction not to be changed during tenure. . II 559 calling to sit with Supreme Court. . . . . . . . . . . . . . . . . . . . . II 591, 591 incapacitated, provisions for retirement of . . . . . . . . . . . . . II 583 non-political selection of, provisions relating thereto. . . . II 770 provisions for examination by physician. . . . . . . . . . . . . . . II 583 judges elected from circuits. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 642, 643 judges of, when term expires. . . . . . . . . . . . . . . . . . . . . . . . . . . II 792 judges on, to sit on court for removal from office of Su- preme Court judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113 judges possessing qualifications for, may serve on special section of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 judges salary when sitting on Supreme Court. . . . . . . . . . . . II 789 judges to be elected from circuits and districts. . . . . . . . . . II 642, 643 judges, when and how elected. . . . . . . . . . . . . . . . . . . . . . . . . . II 639, 640, 770, 774 judgments of, when become executory. . . . . . . . . . . . . . . . . . . II 789 judicial power vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553, 553 jurisdiction fixed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 656, 657 may appoint own clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567, 568 may sit at places other than domicile. . . . . . . . . . . . . . . . . . . . II 655 municipal court, parish of Orleans. . . . . . . . . . . . . . . . . . . . . . II 714 no appellate jurisdiction, in cases over which district courts are granted appellate jurisdiction. . . . . . . . . . II 656 in cases over which Supreme Court is granted appellate jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 656 no appellate jurisdiction, in cases where amount less than one hundred dollars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 656 notice of judgment, delays suspended until notice given. . . . II 655 number of judges of each court. . . . . . . . . . . . . . . . . . . . . . . . . II 639, 639 number necessary for quarum. . . . . . . . . . . . . . . . . . . . . . . . . . II 639, 639 Orleans circuit, territory of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 642 original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 657 parish of Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 568, 644 appeal of cases from first city court of city of New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 clerk of court, appointment, deputies. . . . . . . . . . . . . . . . . . II 568 domicile of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 judges, how elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 jurisdiction of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 657 municipal court, parish of Orleans. . . . . . . . . . . . . . . . . . . . II 714 number of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 officers of court, law governing. . . . . . . . . . . . . . . . . . . . . . . II 568 parishes from which appeals returnable. . . . . . . . . . . . . . . II 645, 658 qualification of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 quorum of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 residence of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 salary of judges. . . . . . . . . . . . . . . . . . . e e s e e o e º e º e º 'º e e a C II 644 term of office of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 time and place of Sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 parish sheriff's duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 658 parishes to furnish rooms for sessions. . . . . . . . . . . . . . . . . . . II 658 powers in aid of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580 presiding judge, membership on district court judicial commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * e ºs II 770 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1037 Vol. IV Index © tº o e e Part I Provisions of Present Constitution and Projet Volume sk COURTS OF APPEAL, (Continued) Page publication of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 qualification of judges. . . . . . . . . . . . . . . . . . . . . . . © e º e º 'º - e º e II 639, 639 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639 rearrangement of circuits and districts permitted. . . . . . . . II 642 report of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 request for Special section by . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 retirement of judges, provisions for. . . . . . . . . . . . . . . . . . . . . II 583 return of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 655 review of issuance of writ of habeas corpus. . . . . . . . . . . . . . H 570 right to issue writ of certiorari. . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 right to issue writ of habeas corpus. . . . . . . . . . . . . . . . . . . . . II 530, 580 right to issue writ of mandamus. . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 right to issue writ of prohibition. . . . . . . . . . . . . . . . . . . . . . . II 580, 580 right to issue writ of quo warranto. . . . . . . . . . . . . . . . . . . . . . II 580, 580 right to select and remove personnel. . . . . . . . . . . . . . . . . . . . II 567 rules of practice regulating appeals and proceedings on Supreme Court to apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570, 571 salary of district judge while serving on. . . . . . . . . . . . . . . . II 789 salary of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639 second circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 643 clerk of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 568 domicile of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 655 domicile of court to be in Shreveport; parishes in; place in which court held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 655 sessions fixed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 655, 655 Special Section, composition of . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 special section qualifications of judges. . . . . . . . . . . . . . . . . . . II 570 special Section, term of office of judges. . . . . . . . . . . . . . . . . . II 570 state divided into two circuits. . . . . . . . . . . . . . . . . . . . . . . . . . . II 642, 643 succession to office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639 term of office of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639, 639, 774 third circuit, domicile of court to be in New Orleans. . . . . . II 655 third division of Supreme Court formed. . . . . . . . . . . . . . . . . II 591 to be court of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 557 to give notice of all judgments. . . . . . . . . . . . . . . . . . . . . . . . . . II 655 to have appellate jurisdiction only. . . . . . . . . . . . . . . . . . . . . . II 656, 657 transference of cases pending and not submitted for de- cision to Supreme Court, upon adoption of consti- tution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 640 vacancy in office, presiding judge, how filled. . . . . . . . . . . . . . II 639 when judgments become executory. . . . . . . . . . . . . . . . . . . . . . II 789 writs in general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 COURTS OF APPEAL CIRCUITS, enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 642 COURTS OF RECORD, attachment of any other than judicial function prohibited. . II 565 judges, age of compulsory retirement. . . . . . . . . . . . . . . . . . . . II 583 judges, limitations on political activity. . . . . . . . . . . . . . . . . . II 786 judges, retirement of, provisions for. . . . . . . . . . . . . . . . . . . . II 583 judges of, not subject to recall election. . . . . . . . . . . . . . . . . . II 119 officers of, excepted from classified civil service. . . . . . . . . . . II 579 removal of judges on, method of. . . . . . . . . . . . . . . . . . . . . . . . III 114 when district and municipal courts not courts of record. . . II 559 CREDIT, of political corporations shall not be loaned, pledged or granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1038 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” of state shall not be loaned, pledged or granted. . . . . . . . . . . II 354, 354 state, donation of, to any person, association, or corpora- tion, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 state, investing of, to any person, association or corpora- tion, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 State, lending of, to any person, association, or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 State, pledging of, to any person, association, or corpora- tion, prohibited . . . . . . . . . . . © c e e o ºs e e º e º e º e º 'º e º e a e II 354 CREED, See RELIGION. discrimination against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 CRIME, See CRIMINAL PROSECUTIONS; GOVERNOR. accused shall be informed of nature and cause of accusa- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21 capital, indictment or presentment by grand jury required for prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 cause for impeachment of governor. . . . . . . . . . . . . . . . . . . . . II 482 commutation of sentences, power of governor to grant. . . . II 463 confession of treatment designed to compel, prohibited. . . . II 23, 23 confession of, free and voluntary making required. . . . . . . . II 23 fines and forfeitures, power of governor to remit. . . . . . . . . . II 463 high crime as cause for impeachment. . . . . . . . . . . . . . . . . . . III 109, 109 nature of, accused to be informed of . . . . . . . . . . . . . . . . . . . . II 21 pardons in cases of treason vested in legislature. . . . . . . . . . II 182 power of governor to grant. . . . . . . . . . . . . . . . . . . . . . . . . . II 463 reprieves, in cases of treason. . . . . . . . . . . . . . . . . . . . . . . . . . . II 462 power of governor to grant. . . . . . . . . . . . . . . . . . . . . . . . . . II 462 unbailable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24 CRIMINAL, action, special and local laws concerning, prohibited. . . . . . II 337 prohibited from registering to vote. . . . . . . . . . . . . . . . . . . . . . III 45 CRIMINAL ACTIONS, local laws concerning prohibited. . . . . . . . . . . . . . . . . . . . . . . . II 388 CRIMINAL APPEALS, from domestic relations court in cases involving persons over seventeen, Supreme Court to have appellate jurisdiction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 629 CRIMINAL CASES, appeal to Supreme Court to be upon questions of law. . . . . . II 637 appellate jurisdiction of Supreme Court in certain. . . . . . . . II 629, 629 changing of venue, special and local laws affecting, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 domestic relations courts, jury to be charged as to law applicable to case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 jury trial where punishment may or is at hard labor. . . . II 739 selection and drawing of jurors. . . . . . . . . . . . . . . . . . . . . . . II 739 no person to be compelled to give evidence against himself II 22 to be tried by jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 CRIMINAL CODE, bills adopting, reading and promulgation prescribed by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169 how adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 170 CRIMINAL COURT, See NEW ORLEANS. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1039 Vol. IV Index © º & * Part | Provisions of Present Constitution and Projet Volume Page” CRIMINAL DISTRICT COURT, affidavit charging offenses, filing with clerk. . . . . . . . . . . . . . . II 676 allotment of cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 676 appeals from juvenile court. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 appeals from recorder's court, trial of appeal. . . . . . . . . . . . II 696 appellate jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693,696 clerk of, vacancy in office, how filled temporarily. . . . . . . . . . II 765 clerk's salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 crier of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 676 criminal sheriff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 criminal sheriff, vacancy in office, method of filling. . . . . . . II 762 deputies, criminal sheriff, salary. . . . . . . . . . . . . . . . . . . . . . . II 794 exclusive jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 for parish of Orleans, affidavits, how filed with. . . . . . . . . . II 676 affidavits, how filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 675 appeals to, from recorder's court. . . . . . . . . . . . . . . . . . . . . . II 696 clerk's salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 judges of, authority in criminal cases. . . . . . . . . . . . . . . . . . II 696 authority of judges to adopt rules. . . . . . . . . . . . . . . . . . . . . II 676 judges of, when term expires. . . . . . . . . . . . . . . . . . . . . . . . II 792 authority of judges to fill certain vacancies temporarily II 765 authority to issue writs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 authority of judge to act in another's absence. . . . . . . . . . II 676 authority of legislature to change constitutional provis- ions concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 676 cases to be alloted equally by classes. . . . . . . . . . . . . . . . . . II 676 clerk of, ho welected, term of office. . . . . . . . . . . . . . . . . . . . II 765 criminal sheriff to assign deputy to each section as crier II 676 judge may appoint stenographer and minute clerk. . . . . II 676 jurisdiction and power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 right of judge to issue writ of habeas corpus. . . . . . . . . . . II 580 salary of clerk fixed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 supervisory jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 to provide for appeal to two or more judges in certain CaSeS • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 vacations, how regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IH 676 habeas corpus, power to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 696 legislature’s power to change constitutional provisions. . . . II 676 minute clerk, appointment by judge. . . . . . . . . . . . . . . . . . . . . II 676 number of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 691, 691, 695 power of judge to act for absent judge. . . . . . . . . . . . . . . . . II 676 powers in aid of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580 powers of judges as committing magistrates. . . . . . . . . & tº e º º II 696 rules, power to adopt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 676, 6.96 salaries of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 695 sections of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e º e II 695 supervisory jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 696 terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 660, 695 vacation of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 676 writs and orders, power to issue. . . . . . . . . . . . . . . . . . . . . . . . II 580, 580, 696 CRIMINAL DISTRICT COURT CLERK, under 1921 Constitution, to remain in office until next state- wide election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 legislature may change number of judges of . . . . . . . . . . . . . II 691 number of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 691 Orleans Parish to have one clerk for . . . . . . . . . . . . . . . . . . . . II 764 parish of Orleans to constitute single judicial district with II 664 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1040 Vol. IV Provisions of Present Constitution and Projet 4. Volume Page” to exercise criminal jurisdiction conferred on district courts by constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 CRIMINAL LAW, See PENAL INTITUTIONS. how fines and forfeitures remitted. . . . . . . . . . . . . . . . . . . . . . II 463,463 how pardons granted. . . . . . . e e s e º e º a c e s ∈ G e º e dº e º e s e º 'º e s tº II 182,463 CRIMINAL LIBEL, truth admissible in evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9 CRIMINAL OFFENSES, See DISTRICT ATToRNEYs; PENITENTIARY. civil service law, failure to answer subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . III 527 penalty for violations. . . . . . . . . . . . . . . . . . • * ~ e º ſº º º ſº tº e º 'º III 529 concluding phrase of indictment, or information. . . . . . . . . . II 564 crimes of inmates of penal institutions; expenses paid by State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 351 judge to instruct jury on law of case. . . . . . . * @ º e º 'º º fe º 'º e º e II 740 jury judges of law and facts. . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 jury trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 capital cases, jury of twelve, all to concur. . . . . . . . . . . . . . II 739, 740 punishable at hard labor, jury of five. . . . . . . . . . . . . . . . . II 739, 740 punishment necessarily at hard labor, jury of twelve, nine to concur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 misdemeanors, trial without jury. . . . . . . . . . . . . . . . . . . . . . . II 739, 740 Municipal Fire and Police Civil Service Law violations. . . . III 569 pleas of guilty, right to receive. . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 prosecuted in name of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 564 punishment without hard labor, trial by court. . . . . . . . . . . . II 739, 740 treason . . . . . . . . . . . . . . . . . . tº º e º ſº e º 'º e º 'º e º º º e º 'º e ∈ E tº dº e º ºs º º II 25, 25 trial without jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 704 trial without jury misdemeanors. . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 right to waive jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 unbailable offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 CRIMINAL PROCEDURE, adoption of code provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . II 190 CRIMINAL PROSECUTIONS, accused shall be informed of nature and cause of accusation II 21 assistance of counsel, right of accused to. . . . . . . . . . . . . . . . II 19 by indictment or information. . . . . . . . . . . . . . . . . . . . . . . . . . . II 19 by misdemeanors on affidavits. . . . . . . . . . . . . . . . . . . . . . . . . . II 19 at time of adoption of Constitution—See SCHEDULE. bail pending appeal, when permitted. . . . . . . . . . . . . . . . . . . . II 24, 24 capital punishment, indictment or presentment by grand jury required for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19 compulsory process for obtaining witnesses, right of ac- cused to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19 confession, free and voluntary making required. . . . . . . . . . II 22, 23, 23 excessive bail prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 indictment or information required. . . . . . . . . . . . . . . . . . . . . . II 19, 19 jury of less than twelve, when proper. . . . . . . . . . . . . . . . . . . II 739, 741 misdemeanors, prosecution on affidavit. . . . . . . . . . . . . . . . . . . II 19, 19 nature and cause of accusation, right to information con- cerning . . . . . . . . . . . . . . . . . . . . . . . . e c e g º e º e º 'º e º 'º & G & II 21, 21 peremptory challenge of jurors. . . . . . . . . . . . . . . . . . . . . . . . II 21, 21 putting twice in jeopardy prohibited. . . . . . . . . . . . . . . . . . . . . II 19, 19 right of accused to be confronted with witness. . . . . . . . . . . II 19 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1041 Vol. IV Index tº ge * • º Part I Provisions of Present Constitution and Projet Volume CRIMINAL PROSECUTIONS, (continued) right of accused to defend himself. . . . . . . . . . . . . . . . . . . . . . . II rights of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e tº II right to speedy trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II self-incrimination, compelling prohibited. . . . . . . . . . . . . . . . . II third degree prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II trial to take place in parish in which offense was com- mitted, unless venue changed. . . . . . . . . . . . . . . . . . . . . II unusual punishment prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II venue of action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CRIMINAL SHERIFF, Orleans Parish to have. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II parish of Orleans, how elected, term of office. . . . . . . . . . . . . II salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II salary of deputies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy in office of, how filled temporarily. . . . . . . . . . . . . . II CRIMINAL TRIAL, by court without jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II by jury of less than twelve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II under election laws, person may be compelled to testify. . . . II testimony may not be withheld upon ground of self-in- crimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II testimony of witness may not be used afterward against him except for perjury. . . . . . . . . . . . . . . . . . . . . . . . . . II venue of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CRIMINALS, disfranchised from voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III CRUEL AND UNUSUAL PUNISHMENT, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CURATORS, See INTERDICTS. CURATORSHIP OF INTERDICTS, appellate jurisdiction of Supreme Court in suits involving II CURRENCY, on hand or on deposit, exempt from taxation. . . . . . . . . . . . . III CURTAILMENT, liberty of the press, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II liberty of speech, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . II CUSTODIAN OF RECORDS, secretary of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II CUSTODIANS OF PUBLIC FUNDS, subject to suspension when in arrears. . . . . . . . . . . . . . . . . . III D DAMAGE, to private property for, public purpose, compensation to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . }I DEAF AND DUMB, See STATE SCHOOLS FOR THE DEAF AND DUMB. DEALER, defined for tax purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II DEBATES, immunity of legislators from responsibility for. . . . . . . . . . . HI Page” 19 19, 19, 24 19, 19 22, 22 22, 23 19 24, 24 19, 19 761 761 794 794 762 739, 741 739, 741 22 22 22 19, 19 45, 46 24, 24 625 178, 178 9 9 492 118, 119 295 127, 128 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1042 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” DEBT, contracted in behalf of state, authority of legislature re- quired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 requirements noted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 incured by political subdivisions, when authorized. . . . . . . . II 311 DEBTS, See BOARD OF LIQUIDATION STATE DEBT; EVIDENCES OF Hºrroness; LIABILITIES; OBLIGATIONS: STATE EBT. certain debts of Louisiana State University and Agricul- tural and Mechanical College validated. . . . . . . . . . . . II 236 certain state debts validated. . . . . . . . . . . . . . . . . . . . . . . . . . II 236 collection of, special and local laws changing method of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388, 555 due state, released by legislature prohibited. . . . . . . . . . . . . II - 383 due for merchandise or services, exempt from taxation. . . . III 179, 179 incurring of debt by state and its agencies, political cor- porations and subdivisions for certain purposes au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236, 362,364 legislature's power to contract limited. . . . . . . . . . . . . . . . . . . II 343, 344 municipality purchasing revenue producing utility. . . . . . . . III 333 pledge of incomes and revenue to pay bonds. . . . . . . . . . . . . . III 333 release or extinguishment of debts to state, parishes or municipal corporations by legislature prohibited. . . II 383,383 under Constitution of 1921 recognized. . . . . . . . . . . . . . . . . . . III 751 where newly enlarged or created parish liable for . . . . . . . . . III 309, 309 DECLARATION OF ABSENCE, from state, governor to file with secretary of state. . . . . . . II 472 DEDICATED REVENUES, abolished, except those outstanding. . . . . . . . . . . . . . . . . . . . . . II 220 DEEDS, See ACTS. prohibition against local or special laws curing informali- ties or invalidity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 DEFAMATION, See FREEDOM OF SPEECH AND PRESS. II 9 proceedings or prosecutions for, truth thereof may be given in evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9 DEFENSE, accused shall have right to defend himself. . . . . . . . . . . . . . . II 19, 19 DEFENSE OF STATE, indebtedness incurred in, three-fourths affirmative vote of legislature not required. . . . . . . . . . . . . . . . . . . . . . . . . . II 343 DEFINITIONS, bonded liquefied petroleum gas dealers. . . . . . . . . . . . . . . . . . II 517 corporations, construction of word as used in constitution. . II 40 liquefied petroleum gases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 Municipal Fire and Police Civil Service Law. . . . . . . . . . . . . III 536 municipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 337 political corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 337 political subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 337 state service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 512 DELAY, in administration of justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 DELEGATES TO CONVENTIONS, See ELECTION. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1043 Vol. IV I d e ‘º tº e * jºi Provisions of Present Constitution and Projet Volume DELGADO TRADE SCHOOL, See ISAAC DELGADO TRADE SCHOOL. DELINQUENCY, penalty for, in payment of gasoline tax. . . . . . . . . . . . . . . . . II DELINQUENT CHILDREN, subject to jurisdiction of juvenile court. . . . . . . . . . . . . . . . . II DENIAL, of justice prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II DENOMINATION OF RELIGION, See RELIGION. DENOMINATIONS, religious, places of worship belonging to, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III DENTISTS, legislature's power to regulate practice. . . . . . . . . . . . . . . . . . II DEPARTMENT AND COLLECTOR OF REVENUE, II DEPARTMENT OF AGRICULTURE, commissioner of agriculture and immigration to direct. . . . II DEPARMENT OF CONSERVATION, II created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II directed and controlled by commissioner. . . . . . . . . . . . . . . . . II DEPARTMENT OF EDUCATION, governing body to be State Board of Education. . . . . . . . . . III DEPARTMENT OF FINANCE, headed by treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II DEPARTMENT OF GOVERNMENT, - See EXECUTIVE DEPARTMENT; JUDICIAL DEPARTMENT; LEG- ISLATIVE DEPARTMENT; LEGISLATURE. assistance, authority to provide for. . . . . . . . . . . . . . . . . . . . . II encroachments of one department on another prohibited. . . II holding office or exercising power in more than one depart- ment prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how supplies for, purchased. . . . . . . . . . . . . . . . . . . . . . . . . . . . II receipt of money from treasury for contingent fund, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II required to be kept separate. . . . . . . . . . . . . . . . . . . . . . . . . . . . II three departments provided for. . . . . . . . . . . . . . . . . . . . . . . . . II DEPARTMENT OF HIGHWAYS, additional bond issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II director to issue $25,000,000 bonds for highways. . . . . . . . . . II $30,000,000 toll bridge across Mississippi at New Orleans. . II DEPARTMENT OF JUSTICE, II See ATTORNEY GENERAL; DISTRICT ATTORNEYS. composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II function and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Supervision over district attorneys. . . . . . . . . . . . . . . . . . . . . . II DEPARTMENT OF REVENUE, created . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . II state printing board shall furnish supplies, etc.. . . . . . . . . . . II DEPOSIT, See SECURITIES. Page” 310 730 14, 14 165, 165 516 529 516 512 511 511 425 493 374 51 123, 51, 51 122 208 51, 51 49, 49 239 239 239 745 745 745, 746 749 749 529 530 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1044 Vol. IV - tº tº a s & º Ind Provisions of Present Constitution and Projet E.” Volume Page” DEPOSITIONS, commissions to take, judges of city court authorized to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 DEPOSITORIES, gravity drainage districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 State, treasurer shall receive moneys directly or through. . II 493 DEPOTS, See NEW ORIEANs. city of New Orleans authorized to acquire and operate. . . . IV 354 DESCENDANTS, limitation of taxes on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 DESCENT, prohibition against local or special laws changing law of.. II 387, 388 DESCRIPTION, premises to be searched, description in warrant. . . . . . . . . . II 15, 16 DESERVING, system of economic security and social welfare for needy and deserving, legislature not to be denied power to provide. . . . . . . . . . . II 374 DESTITUTE AND INCAPACITATED PERSONS, asylum, for, provision and maintenance not affected by limitation on use of state credit, funds, or property II 361 charitable institutions utilized for destitute persons by police juries and municipal corporations. . . . . . . . . . . II 361, 361 DIRECTOR OF PERSONNEL, city civil service, appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 577 to have powers and duties as delegated by civil service commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 577 state civil service, appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 577 to have powers and duties as delegated by civil service commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 577 DISABILITY, physical, voting registration in cases of . . . . . . . . . . . . . . . . . . III 20 prohibition against local or special laws affecting estates of persons under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 DISBARMENT, º for judgment of conviction in impeachment. . . . . . . . . . . . . . III 110 members of bar, original jurisdiction by Supreme Court. . . . . . . . . . . . . . . . II 616 under rules adopted by Supreme Court. . . . . . . . . . . . . . . . II 616 Supreme Court to have exclusive original jurisdiction of . . II 616, 619 DISCHARGE, See CIVIL SERVICE. DISCIPLINARY ACTION, º g tº against civil service employee, for political or religious reason, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 DISCRIMINATION, tº “… e. against church, sect, or creed of religion prohibited. . . . . . . II 13 against civil service employees, prohibited. . . . . . . . . . . . . . . . III 582 against religions prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336 DISFRANCHISEMENTS, in voting, enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1045 Vol. IV Index tº gº e e Part | Provisions of Present Constitution and Projet Volume 3: DISORDERLY CONDUCT, Page by members of legislature, cause for punishment or ex- pulsion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118 in house of representatives, how punished. . . . . . . . . . . . . . . II 119, 126 in Senate, how punished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 119, 126 punishment of persons not members of legislature for.... II 126 DISPOSITION OF PROPERTY, prohibition against local or special laws giving effect to legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 DISPOSSESSION, of immovable property for non-payment of taxes, when not completed by certain date, presumed null... . . . . . . . III of legislature by persons not members, punishable. . . . . . . . II 118, 126, 126 DISSOLUTION, parishes, two-thirds vote of electors required. . . . . . . . tº e º 'º III 308, 308 DISTRIBUTING, agricultural products, facilities for, state not to be denied power to provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 DISTRIBUTION OF POWERS. . . . . . . . . . . . . . . . . . . . . . . . . . II 49, 51, 49, 51 DISTRICT, office holder changing residence, cases causing vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56 officers, method of removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116 voting in, requirements noted. . . . . . . . . . . . . . . . . . . . . . . . . . III 41 DISTRICT ATTORNEYS, additional salary, how prescribed and paid. . . . . . . . . . . . . . II 755 assistant of, legislature to fix additional salary. . . . . . . . . . IH 793 may be provided for by legislature. . . . . . . . . . . . . . . . . . . . II 758, 758 powers and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754, 758 salary from state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 793 to be commissioned by governor. . . . . . . . . . . . . . . . . . . . . . . II 7.58 to serve at his pleasure. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7.58 cause for removal from office. . . . . . . . . . . . . . . . . . . . . . . . . . . II 760, 760 department of justice to supervise. . . . . . . . . . . . . . . . . . . . . . II 749 deputies and employees of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 duties in election violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 46 duties to prevent restraint of trade. . . . . . . . . . . . . . . . . . . . . II 40 effective date of salary provision. . . . . . . . . . . . . . . . . . . . . . . . II 793 fees collected, paid into parish treasury II 793 gross misconduct to defend person accused or violating law or ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IH 760 how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754, 754 may appeal in cases involving removal of public officials. . . III 117 misconduct to defend any criminal action . . . . . . . . . . . . . . . . II 760, 760 one or more for each judicial district. . . . . . . . . . . . . . . . . . . . II 754, 754 Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If 755 payment upon retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 369, 370 power and duties, selection and removal of assistant dis- trict attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 758 prohibited from receiving fees. . . . . . . . . . . . . . . . . . . . . . . . . II 755 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754, 755 removal from office, grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . II 760 upon judgment of conviction in impeachment. . . . . . . . . . III 110 removal suit, authorized by attorney general to bring. . . . . III 116 judges of courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . III 114 retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 370 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1046 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” salary of, from state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 755 suit for removal from office, procedure for . . . . . . . . . “ º e º 'º º III 116 Where brought . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116 suit to remove officers in general. . . . . . . . . . . . . . . . . . . . . . . . III 116 Supervision of attorney general over. . . . . . . . . . . . . . . . . . . . II 749, 749 term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754, 754 to select and appoint assistant. . . . . . . . . . . . . . . . . . . . . . . . . II 758, 758 Vacancy in office of, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 5.9 When may retire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 370 when salary as fixed herein to be effective. . . . . . . . . . . . . . . II 793 DISTRICT CLERK, to attend sessions of courts of appeal. . . . . . . . . . . . . . . . . . . . II 568 to be ex-officio clerk of juvenile court. . . . . . . . . . . . . . . . . . . . II 730 DISTRICT COURT COMMISSION, composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 DISTRICT COURTS, See CLERKS OF DISTRICT COURT. appeal to, from city courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 702, 707 appeals from, contesting orders of Public Service Com- mISS1On, appellate jurisdiction of supreme court in cases of . . . . . . II 626 appeals involving right to register to vote, to be tried without cost, summarily and by preference. . . . . . . . III 50, 50 appellate jurisdiction trial de novo. . . . . . . . . . . . . . . . . . . . . . II 702, 703 assignment of judges to civil district courts, Orleans Parish II 695 to other districts by Supreme Court. . . . . . . . . . . . . . . . . . . II 570 to sit with courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . II 570, 571, 640 appropriations to pay salaries and expenses. . . . . . . . . . . . II 789 authority to issue summons compelling appearance before Supervisor of public accounts. . . . . . . . . . . . . . . . . . . . . II 309 calling judge of, to sit with Supreme Court. . . . . . . . . . . . . . II 591 changes of venue, legislature to enact laws. . . . . . . . . . . . . . II 7.91 civil jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693, 694 clerks, empowered to enter defaults and render and sign judgments in certain cases. . . . . . . . . . . . . . . . . . . . . . II 702 concurrent jurisdiction with justices of peace legislature to provide procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . II 704 confession of judgment, restrictions on rights. . . . . . . . . . . . II 563, 563 continuance in existence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 745 III 747 cost of court, payment of salaries from fees. . . . . . . . . . . . . II 581, 582 court of appeal calling judges to sit in cases. . . . . . . . . . . . II 640 criminal jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693, 694 election of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 660 ex-officio judge of juvenile court, parish of Orleans ex- cepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 expenses of judges holding court out of own district. . . . . . II 789 habeas corpus, power to issue writ. . . . . . . . . . . . . . . . . . . . . . II 580, 580 interchange of judges by Supreme Court. . . . . . . . . . . . . . . . II 570 issuance of writ of habeas corpus by judge of . . . . . . . . . . . . II 580 issuance of writs, orders, and process, permitted. . . . . . . . s II 580 judges, how elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 660, 661, 770, 774 incapacitated, provisions for retirement of . . . . . . . . . . . . . II 583 legislature may change number of . . . . . . . . . . . . . . . . . . . . II 691 non-political selection of, provisions relating thereto. . . . II 770 provisions for examination by physician. . . . . . . . . . . . . . . II 583 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 104.7 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume DISTRICT COURTS, (continued) term, not to be changed during tenure. . . . . . . . . . . . . . . . . II territorial jurisdiction not to be changed during tenure.. II to serve ex-officio judges of domestic relations court where not provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judicial districts created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may be changed by legislature. . . . . . . . . . . . . . . . . . . . . . . . II judicial power vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II jurisdiction, transfer of municipal court jurisdiction to... III jurisdiction of appeals from municipal courts, from orders requiring peace bonds. . . . . . . . . . . . . . . . . . . . II from sentences of certain fines and imprisonments. . . . . . II in civil matters where amount less than one hundred dollars . . . . . . . . . . . . . . . . . . . . . . . . . © º & G & º e º e º º e º 'º e II jurisdiction on appeals from justices of the peace, mayor, recorder's and municipal courts. . . . . . . . . . . . . . . . . . . II jurisdiction of courts of parishes bordering on Gulf of Mexico in cases involving wild life and fisheries.... II jurisdiction when offenses at parish boundary............ II legislature may provide for venue and prosecution of offenses committed within one hundred feet of parish boundary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II legislature to provide for trial of case when judge is re- moved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II method of procedure in certain cases. . . . . . . . . . . . . . . . . . II may make temporary appointment of sheriff. . . . . . . . . . . . . II newly created judgship to be filled on appointment of governor for first term. . . . . . . . . . . . . . . . . . . . . . . . . . . II number of judges in each district to be provided by law. . . II original jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II original jurisdiction, cases involving, appointment of receivers or liquidators to corporations or partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II civil or political rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II probate and succession matters . . . . . . . . . . . . . . . . . e e º e º e II right to office or other public position. . . . . . . . . . . . . . . . . . II state as party defendant. . . . . . . . . . . . . . . . . . . . . . . . . . . . II title to real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II parish of Orleans, term of Sessions. . . . . . . . . . . . . . . . . . . . II police jury of Caddo Parish may pay additional salary to judges first judicial district. . . . . . . . . . . . . . . . . . . . . . II power to continue deputy clerk in office. . . . . . . . . . . . . . . . . . II power to remove officers from office. . . . . . . . . . . . . . . . . . . . . III powers in aid of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . II prosecution, for illegal operation of vessel, to be where vessel regis- tered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II for offenses of conservation statutes in Gulf of Mexico. . II qualifications of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II qualification of lawyers acting as judges ad hoc. . . . . . . . . . II reasons for judgment, duty to give on request. . . . . . . . . . . . II recused cases, trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II removal of public officers by . . . . . . . . . . . . . . . . . . . . . . . . . . . III retirement of judges, prévisions for retirement pay. . . . . . . II right to apply to have stricken off registration rolls illegal registrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III salary of judges fixed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II sessions . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II term of office of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 559 559 729 664, 665 691 553, 553 745 702 702 702 703 701, 701 701 701 790 704 767 660, 661, 770 691, 691 693,694 693 693 693 693 693 693 790 694 764 116, 116 580, 580 701 701 660, 661, 770 790 790 790 116 583, 583 50 694 790 660, 661, 770 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1048 Vol. IV Provisions of Present Constitution and Projet gº Volume Page” term of sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 790 to be courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 557, 694 exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 557 venue, offenses of conservation statutes in Gulf of Mexico. . . . . II 701 when offices at parish boundary. . . . . . . . . . . . . . . . . . . . . . II 701 Waiver of citation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563 contracts by authentic act passed prior to constitution. . II 563 executory process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563 maturity of obligation required. . . . . . . . . . . . . . . . . . . . . . . II 563 written findings of fact, duty to give on request. . . . . . . . . . II 790 writs in general, power to issue. . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 DISTRICT JUDGES, authority to receive plea of guilty, in cases less than capital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 in criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 740 to try certain criminal cases when jury waived. . . . . . . . II 739, 740 to try misdemeanors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 authority to try at any time misdemeanors. . . . . . . . . . . . . . . II 739 authority to try, when jury waived, all cases not capital or necessarily punishable at hard labor. . . . . . . . . . . . . . II 739 ex-officio judges of juvenile court. . . . . . . . . . . . . . . . . . . . . . . II 730 may be assigned to another district or courts of appeal by Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 right to issue writ of certiorari, writ of habeas corpus, writ of mandamus, writ of prohibition, writ of quo warranto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 salary while sitting on courts of appeal. . . . . . . . . . . . . . . . . . II 789 to give findings of facts and reasons for judgment in writ- ing in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 790 to sit alternately in parishes of district. . . . . . . . . . . . . . . . . . II 790 vacancy in office of, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . II 660,770 III 59 DISTRICT OFFICERS, removal from office, appeal to Supreme Court. . . . . . . . . . . . III 117 DISTRICT SCHOOL TAXES, to be continued on parish-wide basis. . . . . . . . . . . . . . . . . . . . III 464 DISTRICTS, See LEGISLATURE, APPORTIONMENT; LEGISLATURE, SENA- TORIAL DISTRICTS; LEVEE DISTRICTs; POLITICAL COR- PORATIONS: SENATORIAL DISTRICTS. assumption of indebtedness by parish authorized. . . . . . . . . III 386 bond issues, limitations and conditions. . . . . . . . . . . . . . . . . . . III 375 collection of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269,270 congressional, state board of education members to be elected from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 indebtedness, conditions and restrictions. . . . . . . . . . . . . . . . . III 375 judicial . . . . . . . . . e Q e o e º e º e e º e º e º ºs e º e e º 'º e º e g º e º e º e º e º 'º º II 664, 665 municipalities and parishes authorized to zone. . . . . . . . . . . III 324, 324 public service commission districts. . . . . . . . . . . . . . . . . . . . . . II 396, 400 parishes within district named. . . . . . . . . . . . . . . . . . . . . . . II 396, 400 state board of education members to be elected from . . . . III 425 supreme court, enumerated. . . . . . . . . . . . . . . . . . . . . . . . . . gº º II 598 tax levies, conditions and restrictions. . . . . . . . . . . . . . . . . . . . III 375 DIVESTMENT, of vested rights for public purposes. . . . . . . . . . . . . . . . . . . . . II 8 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1049 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume : DIVORCE, Page appellate jurisdiction of Supreme Court. . . . . . . . . . . . . . . . . II 625 granting of, Special and local laws on, prohibited. . . . . . . . . II 387, 388 DOCKS, See HARBOR DISTRICTS; Port DISTRICTs; TERMINAL DIS- TRICTS. DOCUMENTS, See PUBLIC DOCUMENT. availability for inspection by citizens, of certified copies, at reasonable fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 492 custodian of, secretary of state. . . . . . . . . . . . . . . . . . . . . . . . . II 492 DOMESTIC RELATIONS COURTS, II 739 appeals from, in criminal cases involving persons over age Seventeen, Supreme Court to have appellate juris- diction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 629 capital punishment cases, requirement of jury of twelve and unanimous verdict in. . . . . . . . . . . . . . . . . . . . . . . . II 739 cases originating in, other than criminal proceedings, appeal to Supreme Court to be on law and facts. . . . II 637 criminal cases, jury to be charged as to law applicable to case by presiding judge. . . . . . . . . . . . . . . . . . . . . . . . . . II 739 district judges, authority of... . . . . . . . . . . . . . . . . . . . . . . . . . II 739 election of judges at congressional election. . . . . . . . . . . . . . II 729 establishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 issuance of writ of habeas corpus by judge of . . . . . . . . . . . . II 580 issuance of writs, orders, and process, permitted. . . . . . . . . II 580 judge, term not to be changed during tenure. . . . . . . . . . . . . . II 559 territorial jurisdiction not to be changed during tenure. . II 559 incapacitated, provisions for retirement of . . . . . . . . . . . . . HI 583 non-political selection of, provisions relating thereto. . . . II 770 provisions for examination by physician. . . . . . . . . . . . . . . II 583 judicial power vested in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553 jurisdiction to be fixed by legislature. . . . . . . . . . . . . . . . . . . . II 729 jurors for trial of civil and criminal cases, selection and drawing of, legislature to provide. . . . . . . . . . . . . . . . . II 739 juvenile courts of Orleans and Caddo, to become domestic relations court upon adoption of constitution. . . . . . II 745 legislature may extend territorial jurisdiction, subject to Article VI, Section 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 presiding judge, to charge jury with law applicable to criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 probation officers appointed by, not excepted from civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 proceedings originating in, other than criminal proceedings, judge may grant or deny suspensive appeal. . . . . . . . II 637 qualifications of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 retirement of judges, provisions for. . . . . . . . . . . . . . . . . . . . . II 583 selection of judges, special election to determine manner of II 729 term of office of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 to be court of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 557 where not provided, judges of district courts to serve ex- officio judges of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 DOMESTIC SERVICE, prohibition against laws regulating wages, etc., of women and girls in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 DOMICILE, circuits of courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 655 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1050 Vol. IV Provisions of Present Constitution and Projet º Volume Page” of gravity drainage districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 of gravity subdrainage districts. . . . . . . . . . . . . . . . . . . . . . . . . III 391 office holders, requirement concerning. . . . . . . . . . . . . . . . . . . III 56, 57 DONATIONS, of funds of legislature prohibited. . . . . . . . . . . . . . . . . . . . . . . II 188 of funds, credit, or property, to person, association, or corporation, state prohibited. . . . . . . . . . . . . . . . . . . . . . II 354 of state property, to United States or agency thereof, not effected by limitation on use of state credit, funds, or property, in Article IV, Section 11 (A). . . . . . . . . II 362 political corporation may acquire property by, for any public purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 310, 310 made in contemplation of death, taxes on for state purposes only. . . . . . . . . . . . . . . . . . . . . . III 189 taxes on, limitation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 to charitable, religious, or educational institutions, tax exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 to United States by state and its agencies, political cor- porations and subdivisions permitted. . . . . . . . . . . . . II 362 DOUBLE JEOPARDY, See JEOPARDY. prohibited, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 DRAINAGE, See GRAVITY DRAINAGE DISTRICTS; GRAVITY SUBDRAINAGE DISTRICTs; SEWERAGE AND WATER BOARD OF THE CITY OF NEW ORLEANS. city of New Orleans may issue bonds for . . . . . . . . . . . . . . . . IV 341 legislature providing for granting rights-of-way for. . . . . . II 189 special tax levied for drainage, etc., in New Orleans. . . . . . IV 329 DRAINAGE DISTRICTS, acreage tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 375 authority to levy additional taxes. . . . . . . . . . . . . . . . . . . . . . . III 388 authorized to incur debt and issue bonds. . . . . . . . . . . . . . . . . III 311, 312, 364 bonds not state obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 410 bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364, 410 bonds payable in annual installments. . . . . . . . . . . . . . . . . . . . III 385 consolidated drainage districts in Jefferson Parish, bond issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 409 constitutional provisions to remain in force until legisla- tion passed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 410 cooperation with federal government authorized. . . . . . . . . . III 410 creation of, legislature authorized. . . . . . . . . . . . . . . . . . . . . . . JII 410 debts, power to incur. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 311, 312, 364, 370 district tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 601 existing laws continued in force. . . . . . . . . . . . . . . . . . . . . . . . . III 410 district tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 375, 410 forced contributions, right to impose. . . . . . . . . . . . . . . . . . . . . III 375, 410 fourth Jefferson may issue bonds. . . . . . . . . . . . . . . . . . . . . . . III 3.96 gravity drainage district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 388 acreage and ad valorem taxes, power to levy. . . . . . . . . . . III 388 authority to issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 388 certification of taxes by police jury. . . . . . . . . . . . . . . . . . . III 390 domicile of corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 election to incur indebtedness and to issue bonds. . . . . . . . III 375 fiscal agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 method of assessing property. . . . . . . . . . . . . . . . . . . . . . . . . III 389 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1051 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume DRAINAGE DISTRICTS, (continued) officers of commission, election, duties. . . . . . . . . . . . . . . . . III gravity subdrainage districts. . . . . . . . . . . . . . . . . . . . . . . . . . . III issuance and sale of bonds, terms and conditions. . . . . . . . . . III legislation concerning, authorized. . . . . . . . . . . . . . . . . . . . . . . III legislative authority to levy tax to pay bonds. . . . . . . . . . . . . III legislature empowered to authorize creation. . . . . . . . . . . . . . III limitations and restrictions on indebtedness and bond issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III maximum period for which bonds issuable. . . . . . . . . . . . . . . III parishes, assumption of debts of district. . . . . . . . . . . . . . . . III powers of legislature in general. . . . . . . . . . . . . . . . . . . . . . . . . III reclamation projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . III subdrainage districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III legislature empowered to create. . . . . . . . . . . . . . . . . . . . . . . III right to issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III taxes imposed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III DRUGGISTS, legislature's power to regulate business. . . . . . . . . . . . . . . . . . II DRUGS, See FOODS AND DRUGS. DRUNKENNESS, habitual, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . III habitual, as cause for impeachment of governor. . . . . . . . . . II DUAL OFFICE HOLDING, does not apply to office of notary public or elective office... II prohibited, except officers in reserve of the armed forces of the United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . III DUE PROCESS OF LAW, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right of adequate remedy by. . . . . . . . . . . . . . . . . . . . . . . . . . . . II right to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II DUMB, See STATE SCHOOLS FOR THE DEAF AND DUMB. DUPLICATION, refer bills and resolutions to legislative bureau to deter- mine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II DWELLING HOUSES, tax exemption, cities over 40,000, time limit. . . . . . . . . . . . . . III E EASEMENTS, See SERVITUDES. EAST BATON ROUGE PARISH, Greater Baton Rouge port commission . . . . . . . . . . . . . . . . . . III EAST LOUISIANA STATE HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II ECONOMIC SECURITY, social welfare, legislature not to be denied power to pro- vide system for needy and deserving. . . . . . . . . . . . . . II East Baton Rouge Parish plan of parish government and government of city of Baton Rouge may be adopted. III recreation and park commission. . . . . . . . . . . . . . . . . . . . . . . . III system of authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 391 389, 391 387 410 385 370 375 385 385 386 410 410 383 370 370 311, 312, 364 410 516 109 482 123 92, 92 8, 8 14 14 146 231 663 531 374 260, 298 310 374 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1052 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” EDUCATION, See BOARD OF CONTROL OF STATE COLLEGES; LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND ME- CHANICAL COLLEGE; PUBLIC EDUCATION ; SCHOOLS; SCHOOL FUNDS. appropriations for public schools to be included in general appropriation bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº dº tº II 206 funds, public school, college, university, amount to be transferred thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 institution of higher learning, loss of voting residence while enrolled in, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . III 43 agreements with other state governments relative to their agencies, public or private institutions of higher learn- ing, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336 legislature may authorize trusts and fidei commissa for educational purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 method of establishing educational institutions by legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 408,408 private or sectarian schools, prohibition against use of public funds for support of . . . . . . . . . . . . . . . . . . . . . . . II 336 qualifications necessary to vote. . . . . . . . . . . . . . . . . . . . . . . . . III 7 regional education authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . II 336, 337 segregation of white and colored children in public schools required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 419,419 state, administrative personnel excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 teaching, professional, administrative staffs, excepted from classified civil service. . . . . . . . . . . . . . . . . . . . . . . III 579 state school system, composition of . . . . . . . . . . . . . . . . . . . . . . III 419 EDUCATIONAL INSTITUTIONS, additional creation of, vote required. . . . . . . . . . . . . . . . . . . . . II 408 annual appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 branches of existing institutions, creation of, vote required II 408 donations and legacies to, tax exempt. . . . . . . . . . . . . . . . . . . . III 189, 190 enumeration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 nonprofit, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . III 170 EFFECTS, to be secure against unreasonable searches and seizures. . II 15 ELECTION, See ABSENTEE WOTING; GENERAL ELECTIONS; OFFICERS. absentee voting may be provided by legislature. . . . . . . . . . . III 73, 73 absentees retaining right to vote. . . . . . . . . . . . . . . . . . . . . . . . III 73, 44 age requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 16, 16 attendance on, privilege from certain arrests during. . . . . . III 81, 81 ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 cities of less than 2,500 excepted . . . . . . . . . . . . . . . . . . . . . . III 76 independent candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 method of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 names printed on ballots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 printed and distributed at expense of state. . . . . . . . . . . . . III 76 publicly counted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76,76 secrecy maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 special tax elections excepted. . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 writing names on ballots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 bribery, bribe-taker and bribe-giver both competent wit- IleSSeS - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . II 22, 22 commissioner at polls, service as not to abridge right of appointment or election. . . . . . . . . . . . . . . . . . . . . . . . . . III 81, 81 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1053 Vol. IV ndex * > . © e te #. I Provisions of Present Constitution and Projet Volume Page” ELECTION, (continued) congressional, legislature shall fix time for . . . . . . . . . . . . . . . III 58 primary, question of the retention of a judge in office to be submitted at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 contest of, cannot withold testimony on ground of self- incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22 contest of, to be provided by law. . . . . . . . . . . . . . . . . . . . . . . III 98 conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 63 corrupt practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 46 disfranchisement of perpetrator . . . . . . . . . . . . . . . . . . . . . . III 46 grand jury investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 46 institution of proceedings by district attorney. . . . . . . . . . III 36 section self-operative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 46 date of commencement of office after. . . . . . . . . . . . . . . . . . . . II 440 device for voting straight ticket. . . . . . . . . . . . . . . . . . . . . . . . III 76 disfranchised persons prohibited from voting. . . . . . . . . . . . . III 45, 46 disfranchisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45 dispensing with holding, where there is only one candidate III 76 district, right to vote in, when parish moved to in same district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 41 duties of grand juries to investigate. . . . . . . . . . . . . . . . . . . . . III 46 election of president pro tempore of the senate. . . . . . . . . . . . II 489 election offices, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . II 761, 761, 764,767 eligibility to be delegate to conventions. . . . . . . . . . . . . . . . . . III 63 eligibility to senate and house of representatives. . . . . . . . . II 113 for changing location of parish seat, petition requesting. . III 291 vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 291 for executive officers departments, elected by greatest number of votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 442 for home rule charter, ordinance providing for . . . . . . . . . . . III 249 time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 for imposition of special taxes, ballots may be cast as legislature may prescribe . . . . . . . . . . . . . . . . . . . . . . . III 76 for issuance of bonds, ballots may be cast as legislature may prescribe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 for question of the retention of judges in office, to be governed by laws of congressional elections. . . . . . . . II 770 for home rule charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 legislature shall fix time for . . . . . . . . . . . . . . . . . . . . . . . . . . III 58 tax assessor to be elected at, for each parish. . . . . . . . . . III 320 general congressional, where question of the retention of a judge in office to be submitted at . . . . . . . . . . . . . . . . . . II 770 general state, provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 58 good character and reputation as qualifications for voters. III 7, 20 independent candidates, declaration of candidacy. . . . . . . . III 76 immunity in bribery charges. . . . . . . . . . . . . . . . . . . . . . . . . II 22 judges, questions of retention in office, provisions relating thereto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 legislature, to fill vacancy in . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 116 legislature to provide for trial in election contests. . . . . . . . III 98 local, legislature may prescribe method of casting votes in imposition of special taxes or issuance of bonds. . . . III 76 local laws prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 municipal, right to vote only when resident of municipality II 447 national elections, time of holding fixed by law. . . . . . . . . . . . III 57, 58 New Orleans, right to elect own officers. . . . . . . . . . . . . . . . . III : II 5 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1054 Vol. IV Provisions of Present Constitution and Projet º: * = a 9 Volume Page” of constitutional amendment, governor’s proclamation thereof to contain results of . . . . . . . . . . . . . . . © e º e º ºs III 721 officers commissioned by governor. . . . . . . . . . . . . . . . . . . . . III 83, 83 on incurrence of debt by political subdivision, provisions relating thereto . . . . . . . . . e e º 'º e º gº tº º tº º e º 'º e tº e º gº º tº º ſº III 311 notice required . . . . . . . . . . . . . e e e e s g g º & e tº e º te e º e s tº e º e º e III 311 on issuance of negotiable bonds by political subdivision, notice required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 311 provisions relating thereto. . . . . . . . . . e e º º te e s tº º sº e º 'º e º 'º º III 311 on proposals to amend the constitution, time to be pre- scribed by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707 on proposed indebtedness, at time prescribed by legislature II 343 governor’s proclamation announcing results of . . . . . . . . . II 343 parochial and municipal in New Orleans. . . . . . . . . . . . . . . . . III 59 time of holding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 59 parochial provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 59 penal provisions self-operative. . . . . . . . . . . . . . . . . . . . . . . . . . III 46 penalty for corruption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 46 persons serving as commissioners not disqualified from holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 81 poll book registration not required. . . . . . . . . . . . . . . . . . . . . . III 97 primary elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 63, 63 for representatives, effective date of reapportionment at state-wide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 legislature to enact laws concerning. . . . . . . . . . . . . . . . . . . III 63, 63 subject to regulation by legislature. . . . . . . . . . . . . . . . . . . . III 63 voters required to be registered. . . . . . p e º 'º e e º ºs e s tº e s e º e III 63 privilege of voters from arrest. . . . . . . . . . . . . . . . . . . . . . . . . III 81, 81 proceedings for investigations of, witholding testimony upon ground of self-incrimination, prohibited. . . . . . . II 22 prohibition against local and special laws regulating. . . . . . II 388 publication of results on proposal of indebtedness. . . . . . . . II 343 public officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . attorney general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 745, 746 auditor, state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496, 428 auditor, term of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 Successor to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 board of education, state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 city judges and terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706, 707, 774 clerks of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 commissioner of agriculture and immigration. . . . . e tº dº º tº II 428 constables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 COTOIlel’S . . . . . . . . . . . & s e s e º e s a e º e e s e s e º e º e s tº e º e º e º e º & II 767, 767 district attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754 district court judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 660, 661, 770, 774 executive department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428, 428, 441, 443 ineligible to be own immediate successor. . . . . . . . . . . . II 450 order of succession upon failure to qualify. . . . . . . . . . . II 467 judges and other officers, Orleans Parish. . . . . . . . . . . . . . II 792 judges of courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639, 643 judges of domestic relations courts at congressional election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 justices of peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 lieutenant governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,441, 442, 443 members of congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 58 presidential electors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 58 register of the land office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1055 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” ELECTION, (continued) representatives, house of representatives, judge of . . . . . . II 118, 119 elected by parish wide elections, except Orleans....... II 81 Secretary of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 Senators, Senate judge of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 sheriffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 761, 761 treasurer, state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 qualifications of electors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 7, 7, 12, 12, 13, 13, 16, 16, 17, 17, 20, 20 recall, legislature may pass laws permitting; restrictions on legislative power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 119 sole issue to be tendered whether officer shall be recalled III 119 register, on own personal application in accordance with law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 17 registration closes 30 days before... . . . . . . . . . . . . . . . . . . . III 9, 17 requirement that person eligible to office be an elector of place where election is held. . . . . . . . . . . . . . . . . . . . . . III 56 representative bodies, viva-voce vote. . . . . . . . . . . . . . . . . . . . III 76 residence requirements of voters. . . . . . . . . . . . . . . . . . . . . . . . III 7, 7, 13, 13 results counted publicly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 returns, executive department, promulgation of . . . . . . . . . . II 442 returns, for public officers, to be made to secretary of state III 83 returns Sent to Secretary of state. . . . . . . . . . . . . . . . . . . . . . . II 442,383 right of electors to choose governing authority of munici- palities at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 282 school boards, parish and municipal, legislature to provide for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 458 secrecy of ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 sewerage, water and drainage bonds, issuance by city of New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 341 special and local laws affecting, prohibited. . . . . . . . . . . . . . . II 387 special, for city-parish consolidation . . . . . . . . . . . . . . . . . . . . . . . . . III 298 for dissolving and merging parish into contiguous parish III 307 for merger of municipalities in adjoining parishes. . . . . . III 298 home rule charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 to fill vacancies in elective office, provisions for. . . . . . . . III 58 to have judges of separate domestic relations courts selected as outlined in Article VI, Section 43. . . . . . . II 729 special tax elections excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 state, right to vote not to be deprived by removal from one parish to another. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 41, 42 state election, date of holding. . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 58 state general, first election after adoption of constitution. . III 739 suffrage prohibited in corruption. . . . . . . . . . . . . . . . . . . . . . . . III 46 those convicted of any crime prohibited from voting. . . . . . III 45, 45 to be on official ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 to change to another optional plan of organization of parochial government. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 295 to fill vacancy in legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 uncontested candidacies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 vacancy in legislature, provisions concerning. . . . . . . . . . . . II 116 venue of action in election contests. . . . . . . . . . . . . . . . . . . . . III 98 viva-voce by persons in representative capacity. . . . . . . . . . III 76 voters, disfranchisement, election law violators. . . . . . . . . . III 46 voters, establishment of identity. . . . . . . . . . . . . . . . . . . . . . . . III 7, 20 voters, privilege from arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 81 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1056 Vol. IV Provisions of Present Constitution and Projet º Volume Page” voters, required to be able to read and write. . . . . . . . . . . . . . III 7, 7, 20, 20 votes to be cast in secret. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 votes to be counted publicly. . . . . . . . tº e e o e º e º 'º 0 e º e º e º e º e e III 76, 76 voting by ballot required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 voting machines, authorized, legislation ratified. . . . . . . . . . III 76, 76 voting residence, loss and gain of, requirements noted. . . . . III 43, 44 where legislation applicable to fewer than five municipali- ties, requirement of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 266 where question of the retention of a judge in office to be Submitted at general congressional. . . . . . . . . . . . . . . II 770 witness required to testify, self-incrimination, immunity. . II 22, 22 writing names of candidates authorized. . . . . . . . . . . . . . . . . III 76 ELECTION CAMPAIGN, judges of the courts of record, to take part only in own... II 786 ELECTION COMMISSIONERS, transmittal of election results to secretary of state. . . . . . . II 442 ELECTION CONTESTS, bond issue and tax levy, elections, time allowed for bring- ing action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 387 city of New Orleans excluded. . . . . . . . . . . . . . . . . . . . . . . . III 387 legislature to provide for trial and determination. . . . . . . . III 98 tried by courts of law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 98 venue of action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 98 ELECTOR, ability to read and write. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 20, 20 as a qualification to hold office. . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 attendance on elections, privileged from arrest, exceptions III 81, 81 character and literacy. . . . . . . . . . . . . . . . * c e s s e º e e s e e º e e © º e III 20, 20 elegibility to office, senate and house of representatives. . . . II 113 literacy demonstrated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 20, 20 presidential, legislature shall fix time for election of . . . . . . III 58, 58 qualifications in tax elections . . . . . . . . . . . . . . . . . . . . . . . . . . III 97 qualifications of, enumerated. . . . . . . . . . . . . . . . . . . . . . . . . . . III 12, 12, 13 registration required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 17, 17 right to choose governing authority of municipalities. . . . . III 282 right to serve as commissioner at election polls, not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 81, 81 service as commissioner at election polls, not to disqualify - elector from elective or appointive position. . . . . . . . III 81, 81 to demonstrate other educational qualifications legislature may prescribe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 7 ELECTRIC COOPERATIVES, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 227 ELECTRIC LIGHT AND POWER COMPANIES, jurisdiction of public service commission over. . . . . . . . . . . . II 398 public aid, tax levy, limitations on amount. . . . . . . . . . . . . . III 277 ELECTRICITY, See LIGHT. legislature may authorize parishes, wards and municipali- ties to vote special taxes in aid of electric light and power plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 277 road lighting districts, creation of . . . . . . . . . . . . . . . . . . . . . . . III 369 ELEVATORS, See HARBOR DISTRICTs; PORT DISTRICTs; TERMINAL DIS- TRICTS. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1057 Vol. IV Index © tº º º tº Part I Provisions of Present Constitution and Projet Volume Page” ELIGIBILITY, g legislator may hold office of notary public or elective office II 123 EMANCIPATION, of minors, matters of, appellate jurisdiction of Supreme . Court in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 625, 625 Special and local laws authorizing, prohibited. . . . . . . . . . . . II 387, 388 EMERGENCY, appropriation for, State General Revenue Fund. . . . . . . . . . II 212 Board of Liquidation of State Debt, may appropriate from & General Revenue Fund for... . . . . . . . . . . . . . . . . . . . . II 212 city of New Orleans authorized to issue bonds in case of.. IV 349 determination of, Board of Liquidation of the State Debt. . II 212 indebtedness for, three-fourths vote of legislature not re- quired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 laws, effective date of how passed. . . . . . . . . . . . . . . . . . . . . . . II 161, 161 EMERGENCY ACTS, effective when certified and approved by governor. . . . . . . . II 161 EMERGENCY LEGISLATION, necessity for immediate passage certified by governor, effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 161 EMIN ENT DOMAIN, See EXPROPRIATION. EMPLOYEES, See CIVIL SERVICE; OFFICERs; PENAL INSTITUTIONs; PUBLIC OFFICIALS. civil service, appointment to be by certification. . . . . . . . . . . III 532 discriminatory action against prohibited. . . . . . . . . . . . . . . III 582 for supervision of employed convicts. . . . . . . . . . . . . . . . . . . . II 410, 411 of joint state and federal agencies, retirement system for, legislature not to be denied power to provide . . . . . . . II 369 prohibition against grant of extra compensation, fees or allowances to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 380 prohibition against local or special laws legalizing unau- thorized or invalid acts of . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 retirement System for state. . . . . . . . . . . . . . . . . . . . . . . . . . . . If 369, 370 legislature not to be denied power to provide. . . . . . . . . . . II 369 EMPLOYER'S LIABILITY ACT, inapplicability of Supreme Court appellate jurisdiction in cases under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619 EMPLOYMENT, city and state personnel, civil service rules regulating, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 of convicts, authority of legislature to authorize. . . . . . . . . . II 410, 411 ENACTING CLAUSE, bills passed by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 138, 138 not necessary to repeat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 138, 138 ENACTMENT OF LAWS, See LAWS. ENGINEERS, See BOARD OF STATE ENGINEERS. ENGLISH LANGUAGE, used in public schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 493 ENROLLED BILLS, signing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1058 Vol. IV e © © º e I d Provisions of Present Constitution and Projet E.” Volume Page” ENTERPRISE, See CIVIC ENTERPRISES; PRIVATE ENTERPRISES. ENUMERATION, Senatorial districts listed, before new apportionment. . . . . . II 100 EQUALIZATION FUND, part of Public School Fund to be set aside as . . . . . . . . . . . . III 460 public school, apportionment and distribution of . . . . . . . . . . III 460, 462 to be administered by State Board of Education. . . . . . . . . . III 460 EQUIPMENT, agricultural, to value of five thousand dollars, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 176 ESTABLISHMENT OF RELIGION, no law shall be passed respecting. . . . . . . . . . . . . . . . . . . . . . . II 13 ESTATES, of minors or persons under disability, special and local laws affecting, prohibited . . . . . . . . . . . . . . . . . . . . . . . . II 387 EVIDENCE, accused not required to give evidence. . . . . . . . . . . . . . . . . . . . II 22, 22 in impeachment proceedings, failure to carry out power and duties to be prima facie. . . . . . . . . . . . . . . . . . . . . . II 482 local or special laws changing rules of, prohibited. . . . . . . . II 307, 308,555, 555 proceedings or prosecutions for libel, slander, or defama- tion, truth may be given in . . . . . . . . . . . . . . . . . . . . . . . II 9 prohibition against compelling person to give, against himself . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22, 23 rules of, special and local laws changing, prohibited. . . . . . II 387 EVIDENCES OF INDEBTEDNESS, See Bonds; NOTES; SECURITIES, ... authority of the board of liquidation of the state debt to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 city of New Orleans authorized to issue. . . . . . . . . . . . . . . . . . IV 332 exemption of certain evidences of indebtedness from taxa- 3.54 tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . how certain negotiable obligations paid. . . . . . . . . . . . . . . . . . 354 issuance of certain negotiable obligations by city of New Orleans authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 354 of state, limitation on authority of legislature to issue. . . . II 344 sale of certain evidences of indebtedness provided for . . . . II 236 EXAMINATION, civil service competitive, permanent appointment and pro- motions to be by, as far as practical . . . . . . . . . . . . . . III 582 cost of, to be paid by gasoline tax debtor. . . . . . . . . . . . . . . . II 312 of judges of courts of record for physical or mental in- capacity, method of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 EXAMINER OF STATE BANKS, See STATE BANK COMMISSIONER. II 516 office abolished and duties transferred. . . . . . . . . . . . . . . . . . . II 516 EXCESS REVENUE BONDS, e may be issued by parishes and municipalities. . . . . . . . . . . . III 374 EXCESSIVE BAIL, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 EXCESSIVE FINES, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 EXCHANGE, e e political corporation may acquire property by, for any public purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 310, 310 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1059 Vol. IV Index © e e º o Part | Provisions of Present Constitution and Projet Volume EXCISE TAX, classified, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III graduated, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III legislature may provide for reasonable exemptions. . . . . . . . III progressive, permitted . . . . . . . . . . . . e e a e s e e º e s e e s e º e º 'º e e III EXCLUSIVE RIGHT, corporation, association, or individual, special and local laws granting to, prohibited. . . . . . . . . . . . . . . . . . . . . . II EXECUTIONS, homestead exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II EXECUTIVE AND ADMINISTRATIVE OFFICES, BOARDS AND COMMISSIONS, authority of legislature to consolidate. . . . . . . . . . . . . . . . . . . II EXECUTIVE DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . II See BOARDS OF HEALTH; PUBLIC SERVICE COMMISSION. auditor of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appointment to fill vacancy in office, ratification by Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II assistant, power to appoint and remove. . . . . . . . . . . . . . . . II elective office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II qualifications for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II commissioner of agriculture and immigration. . . . . . . . . . . . II appointment to fill vacancy, ratification by senate. . . . . . II term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II commissioner of conservation. . . . . . . . . . . . . . . . . . . . . . . . . . . II commissioner of immigration, appointment, term of office. . II commissions comprising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II compensation, other than fixed by legislature, prohibited. . II composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II election of, tie vote, method of election by legislature. . . . . . II election to, by greatest number of votes. . . . . . . . . . . . . . . . . II encroachment of one department on another prohibited. . . . II executive power vested in governor. . . . . . . . . . . . . . . . . . . . . . II fees charged by officers in, to be paid into State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II £OVernor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appointive power of governor. . . . . . . . . . . . . . . . . . . . . . . . II canvass of votes for, by legislature. . . . . . . . . . . . . . . . . . . . II chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II date term of governor commences. . . . . . . . . . . . . . . . . . . . . II duty to execute laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II holding office under United States at time of election prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II III may require written information from officers in . . . . . . . . II nominating and appointing power. . . . . . . . . . . . . . . . . . . . II qualifications for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II reprieves and pardons, power to grant. . . . . . . . . . . . . . . . II salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II succeeding self in office prohibited. . . . . . . . . . . . . . . . . . . . . II succession to office in case of vacancy. . . . . . . . . . . . . . . . . HI term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II tie vote, selection by legislature. . . . . . . . . . . . . . . . . . . . . . II veto power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 135 135, 135 135 135 387, 388 35, 36 188 427 428,497 428 446, 447 428, 497 428,427 428, 496, 497 428 428 428 428 428 428 444 427 442 157, 428 475, 475, 478,478 441, 443 447, 450 440, 441 453, 453 428, 428, 441, 443 428 92 459, 460 478 427, 428 182, 182,462 462, 463 444 447, 451 467, 467 428,428,441 441,442, 443 154, 154, 157, 163 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1060 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” legislature's power to merge or consolidate offices. . . . . . . . . II 188 lieutenant governor, election of... . . . . . . . . . . . . . . . . . . . . . . II 421, 427, 428, 443 ex-officio president of senate. . . . . . . . . . . . . . . . . . . . . . . . . II 489, 489 qualifications for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 Salary ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 Succession to office in case of vacancy. . . . . . . . . . . . . . . . . . II 467, 507 Succession to office of governor. . . . . . . . . . . . . . . . . . . . . . . II 467, 467 term of office: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 tie vote, selection of, by legislature. . . . . . . . . . . . . . . . . . . . II 441, 443 officers comprising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº dº ſº II 428,428 officers, compensation fixed by legislature. . . . . . . . . . . . . . . . II 444 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 term of office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 offices, legislature's power to consolidate, limitation. . . . . . II 428 principal heads of, classified civil service, when inapplic- able to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 excepted from classified civil service. . . . . . . . . . . . . . . . . . III 579 promulgation of election results by secretary of state. . . . . II 442 register of state land office. . . . . . . . . . . . . . . . . . e e e º e e º ºs e e II 428 appointment to fill vacancy, ratification by senate. . . . . . II 428 elective office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 reports to governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 459, 460 Secretary of state. . . . . . . . . . . . . . 5 e º ſº gº tº e º 'º - E tº e º e º & tº ſº e º 'º & II 492, 428 appointment to fill vacancy, ratification by senate. . . . . . II 428 assistants, power to appoint and remove . . . . . . . . . . . . . . . II 446, 447 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 qualifications for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427,428 treasurer of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,493 appointment to fill vacancy ratification by senate. . . . . . . II 428 assistants, power to appoint and remove. . . . . . . . . . e Q & © tº II 446, 447 election of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 qualifications for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 succeeding self in office permitted. . . . . . . . . . . . . . . . . . . . . II 507 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428, 440 what it consists of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 EXECUTIVE ORDERS, of President of United States, defining limits of U.S. Customs Port of Entry. . . . . . . . . . . . . . . . . . . . . . . . . . III 636 EXECUTIVE POWER, See SUPREME EXECUTIVE POWER. EXECUTORY PROCESS, confession of judgment allowed for purpose of . . . . . . . . . . . . II 563, 563 EXEMPTION FROM TAXATION . . . . . . . . . . . . . . . . . . . . . . . III 145 See TAXATION ; TAXES. aircraft based or operating in Louisiana and property Serving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 227 agricultural implements . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . III 176, 176 agricultural products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 176, 176 athletic clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 174 auditoriums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 173, 173 boats using gasoline as fuel. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 185 books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 172,173 bridges across Mississippi River. . . . . . . . . . . . . . . . . . . . . . . . III 225, 226 buildings and fixtures, port of New Orleans, conditions. . . III 217 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1061 Vol. IV Index gº º Q tº e Part | Provisions of Present Constitution and Projet Volume EXEMPTION FROM TAXATION, (continued) burial places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III carnival organizations . . . . . . . . . . . . . . . . & e º 'º e º e º e º e e º e º e III carts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III cash, on hand or on deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . III charitable undertakings, places devoted to... . . . . . . . . . . . . III clubs, charitable and fraternal. . . . . . . . . . . . . . . . . . . . . . . . . . III debts for merchandise and articles of commerce or for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III electric cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III exempt property listed, limitations. . . . . . . . . . . . . . . . . . . . . . III fairs, agricultural-property of . . . . . . . . . . . . . . . . . . . . . . . . . . III farm improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III gasoline sold to U. S. and armed forces from 1% tax. . . . . . II homesteads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III municipal corporation may provide for exemption of.... III of World War II veterans. . . . . . . . . . . . . . . . . . . . . . . . . . . . III homestead associations loans. . . . . . . . . . . . . . . . . . . . . . . . . . . III household property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III hydro-electric power systems when combined with irriga- tion and navigation systems. . . . . . . . . . . . . . . . . . . . . . III industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III election on question. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III maximum duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III municipalities may exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . III parishes may exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III inheritance tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III irrigation systems when combined with navigation and hydro-electric power . . . . . . . . . . . . . . . . . . . . . . . . . . . . III life insurance company reserves. . . . . . . . . . . . . . . . . . . . . . . . III life insurance policy loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . III livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III lodges, charitable and fraternal. . . . . . . . . . . . . . . . . . . . . . . . . III manufacturing establishments by contract. . . . . . . . . . . . . . . III mortgage loans or obligations, notes. . . . . . . . . . . . . . . . . . . . . III motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III museums of art. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III music temples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III National Guard military property. . . . . . . . . . . . . . . . . . . . . . III navigation canal, Port of New Orleans manufacturing or commercial property on. . . . . . . . . . . . . . . . . . . . . . . . . . III navigation systems when combined with irrigation and hydro-electric power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III new industries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III obligations of state or any political subdivision. . . . . . . . . . . III opera houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III paintings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III pal'SOIlageS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III philosophical apparatus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III physical culture clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III pipe-line systems transporting and distributing natural gaS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - III poultry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III public property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III pumping plants, limitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III rectories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III religious worship, places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III redevelopment projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 167, 167 173, 173 176 178, 178 168, 168 168, 168 178, 179 227 145, 160 175, 175 176 312 145 185, 186 146 216 182, 182 216 232 232 232 232 232 189, 190 216 180, 180 178, 179 177 168 217 178, 178 181, 181 173, 173 173 172, 172 217 216 141, 217 180, 180 173, 173 172,173 165, 165 172, 173 174 217 177, 177 164, 164 217 165, 165 165, 165 229 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1062 Vol. IV º o e gº e I d Provisions of Present Constitution and Projet gº; Volume Page” restrictions on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 217 ships and ocean going tugs, towboats and barges. . . . . . . . . . III 185, 185 Wagons • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 176 EXEMPTIONS, city and state classified civil service, enumeration of... . . III 579 for excise taxes, legislature may provide. . . . . . . . . . . . . . . . III 135 EXEMPTIONS FROM EXECUTIONS, See HOMESTEAD EXEMPTIONS. II 35, 36 EXERCISE, RELIGIOUS, no law prohibiting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 EXHIBITION, public, objects of art exempt from taxation. . . . . . . . . . . . . . III 172 EXISTING LAWS, saving clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e > III 737, 756 EXPENDITURES, See PUBLIC FUNDs; STATE FINANCEs. appropriations for general expenses of government in general appropriation act . . . . . . . . . . . . . . . . . . . . . . . II 206, 206 how state tax collector for the city of New Orleans’ ex- penses paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº º e III 353 legislature's duty to make appropriations for expenses of certain offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 of collector of gasoline tax to be paid from proceeds. . . . . . II 312 parishes reimbursed expenses of criminal prosecutions by state in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 351 state, legislature to prescribe procedure for collection and control of state funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 206 payment for, to members of Board of Supervisors of Louisiana State University and Agricultural and Mechanical College III 456 to members of State Board of Control of State Colleges. . III 456 to members of State Board of Education. . . . . . . . . . . . . . III 456 EXPENSES OF GOVERNMENT, © moneys for, inclusion in general appropriation bill. . . . . . . . II 206 EXPENSES OF LAST SICKNESS, recording of privileges not required. . . . . . . . . . . . . . . . . . . . . III 205 EXPERIMENT STATIONS, * See AGRICULTURE. EX POST FACTO LAWS, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 EXPRESS COMPANY., jurisdiction of public service commission over. . . . . . . . . . . . II 398 EXPRESSION, te freedom of, to speak, write or publish sentiments. . . . . . . . . II 9, 9 EXPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8 Board of Levee Commissioners of Orleans Levee District, authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 city of New Orleans authorized to acquire property in Vieux Carre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 highway purposes, taking of property, ex parte orders. . . . II 522 improvements on riparian front by municipal authorities. . III 609, 610 just and adequate compensation required. . . . . . . . tº e º 'º e º 'º e II 8, 8 just compensation for improvements on riparian front, requirements of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1063 Vol. V Index Part I Provisions of Present Constitution and Projet Volume Page” EXPROPRIATION, (continued) Lake Charles, development of lake... . . . . . . . . . . . . . . . . . . . III 405 Lakefront Improvement Project, taking of private prop- erty for; compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 lands necessary for highways............. © e º e º 'º º © & © tº e e II 521 limitations on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 of improvements on riparian front by municipal authorities III 609 of private property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8 Orleans levee board, power to acquire property. . . . . . . . . . . III 611, 615 political corporation may acquire property by, for any public purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 310 public improvement districts of Jefferson Parish. . . . . . . . . . III 398, 400 purpose of public utility required. . . . . . . . . . . . . . . . . . . . . . II 8, 8 railroad crossing over another railroad. . . . . . . . . . . . . . . . . III 601 right of board of levee commissioners of Orleans levee district to expropriate certain property. . . . . . . . . . . . III 611, 615 rights-of-way necessary for highways. . . . . . . . . . . . . . . . . . . II 521 riparian front by municipal authorities. . . . . . . . . . . . . . . . . III 610 taking of private property without compensation prohibited II 8, 8 taking of property for levee purposes. . . . . . . . . . . . . . . . . . . . III 606, 606 wharves, buildings of riparian owners of property on navigable waters, governing authority of municipality may expropriate. . . III 609 just compensation required. . . . . . . . . . . . . . . . . . . . . . . . . . III 609 when compensation not required. . . . . . . . . . . . . . . . . . . . . . III 609 without compensation, right of levee board to riparian property not to be impaired. . . . . . . . . . . . . . . . . . . . . . III 609 EXPULSION, of representatives from house of representatives. . . . . . . . . . II 118, 119 of Senators from Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 EXTINGUISHMENT, of debts, liabilities or obligations to state, parishes or municipal corporations by legislature prohibited. . . . II 383,383 EXTORTION, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 109 as cause for impeachment of governor. . . . . . . . . . . . . . . . . . . II 482 EXTRA ALLOWANCES, prohibition against grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 EXTRA COMPENSATION, certain officers cannot receive. . . . . . . . . . . . . . . . . . . . . . . . . . II 444, 444 prohibition against grant of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 380, 444 EXTRAORDINARY SESSIONS, See GOVERNOR; LEGISLATURE; SPECIAL SESSION. convening directed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 755 duration of Session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 755 governor's power to call. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 petition of members of legislature for session. . . . . . . . . . II 75 maximum duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 notice of session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 of legislature of 1921, directed to convene. . . . . . . . . . . . . . . . III 755 purposes and periods of time stated in notice. . . . . . . . . . . . . II 74, 75 vacancies in, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 755 EXTRA-TERRITORIAL ACTION, legislature empowered to authorize levee construction and maintenance wholly within other states. . . . . . . . . . . . III 601 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1064 Vol. IV Provisions of Present Constitution and Projet Index Part | FACILITY OF COMMUNICATION, See COMMUNICATION. FACILITY OF TRANSPORTATION, See TRANSPORTATION. FACTORIES, See ICE FACTORIES. FACTS, district judges’ duty to give findings of facts. . . . . . . . . . . . FAIR, agricultural, property belonging to and used by associa- tions, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . FAITH, See RELIGION. religious form of, no preference to be given or discrimina- tion made against. . . . . . . . "º e º e º is a tº s e s e º t e º e º e º e º s FALSE OATHS, penalty for making, in connection with gasoline tax report FARMS, See AGRICULTURE. FARM MACHINERY, motor fuel used in propelling, refund of tax. . . . . . . . . . . . . . FAVORITISM, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as cause for impeachment of governor. . . . . . . . . . . . . . . . . . . FEDERAL, workmen's compensation law or employer’s liability act, inapplicability of Supreme Court appellate juris- diction in cases under. . . . . . . . . . . . . . . . . . . . . . . . . . . . FEDERAL AGENCIES, compliance with standards established by, civil service rules requiring, permitted. . . . . . . . . . . . . . . . . . . . . . . . persons employed jointly by state and federal agencies retirement system for aged and incapacitated power to provide not to be denied. . . . . . . . . . . . . . . . . . . . . . . power of state to donate or convey property to, not affected by limitation on use of state credit, funds, or prop- erty, in Article IV, Section 11 (A). . . . . . . . . . . . . . . . FEDERAL BOARD FOR WOCATIONAL EDUCATION, appropriations of, to go to public schools. . . . . . . . . . . . . . . . . FEDERAL GOVERNMENT, armed forces called into service with, governor not com- mander in chief of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . power to make effective cooperation with, not affected by limitation on use of state credit, funds, or property, in Article IV, Section 11 (A). . . . . . . . . . . . . . . . . . . . . FEDERAL TAX CREDITS, restrictions of occupational license tax not to prohibit legislation for purpose of benefiting from . . . . . . . . . . FEE OF BED OF NAVIGABLE BODY OF WATER, legislature shall not alienate. . . . . . . . . . . . . . . . . . . . . . . . . . . . FEES, See ATTORNEY’s FEES; PORT DISTRICTs; HARBOR DISTRICTS; TERMINAL DISTRICTS; VARIOUS OFFICERS. Volume II III II II II III II II III II II II II II III II Page” 790 175, 175 13, 13 311 239 109, 109 482 619 585 362 315 453 362 189 351 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1065 Vol. IV index Part | Provisions of Present Constitution and Projet FEES, (continued) attorney,...recovery by defendant public officer upon ac- ... quittal in removal from office trial....... auditor to furnish certified copy of audit for reasonable... charged by officers in executive department, to be paid into State General Revenue Fund. . . . . . . . . tº º 'º e º 'º gº º º tº º gº tº e º e º 'º e º 'º e º e e º e o 'º e º & e º 'º g tº e º 'º e º e º e e º e º is e tº payment of, into parish treasury. . . . . . . . . . . . . . . . . . . . . . eXCeSS j. salaries of officials to be disposed of according a'W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . extra, legislature shall have no power to grant, without express authority of law. . . . . . . . . . . . . . . . . . . . . . . . . for state records, documents and papers, to be reasonable. . justice of peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . prohibition against grant of extra. . . . . . . . . . . . . . . . . . . . . . regulation of fees and costs by legislature. . . . . . . . . . . . . . . . restrictions of officers’ right to claim. . . . . . . . . . . . . . . . . . . . state tax collector for the city of New Orleans, to be fixed by legislature in civil matters. . . . . . . . . . . . . . . . . . . . to give vote in consideration of, prohibited. . . . . . . . . . . . . . to judge or officer in Article VI, prohibited. . . . . . . . . . . . . . . wharves, buildings of riparian owners of property on navigable waters, public use of, governing authority * of municipality to administer and control. . . . . . . . . . FELONIES, bail allowed pending appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . FELONY, electors not privileged from arrest in cases of . . . . . . . . . . . . legislators not immune from arrest for. . . . . . . . . . . . . . . . . . FERRY SYSTEMS, See NEW ORLEANS. authorizing city of New Orleans to acquire. . . . . . . . . . . . . . . special and local laws relating to ferries and bridges, pro- hibited purchase by New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FIDEI COMMISSA, See SUBSTITUTIONS: TRUST ESTATES. legislature may authorize, for educational, charitable or religious purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . restrictions on creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FIDUCIARIES, liabilities of, homestead not exempt from seizure. . . . . . . . . . may invest funds in certain securities. . . . . . . . . . . . . . . . . . . FINAL PASSAGE OF BILLS, consideration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCES, suspension of public officers charged with custody or col- lection of, when in arrears. . . . . . . . . . . . . . . . . . . . . . . FINDINGS OF FACT, district judges’ duty to give on request. . . . . . . . . . . . . . . . . . tº e º 'º e º e º e º e e º 'º º & © º e º ſº gº © tº º ſº º e º tº e º 'º tº º ſº tº º º Volume II II II III II II III II II II II IV II III Page” 444, 444, 117 497 444 581 444 444 581 755 793 582 380 492 531 380 582 98 582 121 581 609, 610 24 81, 81 393, 387, 343, 127 668 388 359 417 417 35 347 139 118 790 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1066 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” FINES, ... constitutionality or legality of, Supreme Court to have appellate jurisdiction in all cases. . . . . . . . . . . . . . . . . . II 626 excessive, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 governor's power to remit, limitation. . . . . . . . . . . . . . . . . . . . II 463 remitting of, special and local laws on, prohibited. . . . . . . . II 387, 388 where district court has jurisdiction of appeals from municipal courts from sentences, and certain fines. . II 702 FINES AND FORFEITURES, governor’s power to remit, method and limitations. . . . . . . . II 463,463 FIRE DEPARTMENT, See CIVIL SERVICE. FIRE MARSHAL, compensation, jurisdiction and powers prescribed by legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 516 of the state of Louisiana, recognized. . . . . . . . . . . . . . . . . . . . II 516 FIRES, See EMERGENCY; FIRE DEPARTMENT; FIRE MARSHAL; NEW ORLEANS. FIRST ASSISTANT ATTORNEY GENERAL, office created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754, 746 salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 793 to perform duties of attorney general when office vacant. . II 745, 746 FIRST CITY COURT OF CITY OF NEW ORLEANS, appeal of cases to court of appeal for parish of Orleans. . . . II 710 authority of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 to fill certain vacancies temporarily. . . . . . . . . . . . . . . . . . . II 792 authority to issue writs. . . . . . . . . . . . . . . o e º º te e o e º 'º e º e º e º e II 710 clerk of, duties in connection with judicial expense fund. . II 677 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 vacancy, how filled temporarily. . . . . . . . . . . . . . . . . . . . . . . II 792 composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 costs, how fixed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 interchange of judges and clerks of, by Supreme Court. . . . II 713 judges of, how elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 salary, how paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 when term expires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 792 jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 pleading to be in writing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 procedure provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 710 trial of cases when amount less than $25.00. . . . . . . . . . . . . . II 710 FIRST SPLIT SESSION, See LEGISLATURE. appropriation bill for expenses of legislature may be passed II 63 1I] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . date and duration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63 FISCAL AGENT, banks, debt from state funded by Board of Liquidation. . . II 236, 237 for gravity drainage districts. . . . . . . . . . . . . . . . . . . . . . . . . . III 391 suspension of, when in arrears. . . . . . . . . . . . . . . . . . . . . . . . . III 118 FISCAL YEAR, See STATE FINANCES, FISCAL YEAR. FISH AND GAME, wildlife and fisheries commission. . . . . . . . . . . . . . . . . . . . . . . II 512 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1067 Vol. IV Ind © º º e º jºi Provisions of Present Constitution and Projet Volume FISHING BOATS, motor fuel used in propelling, refund of tax. . . . . . . . . . . . . . II FLOOD, See EMERGENCY. FLOOD CONTROL, See LEVEE DISTRICTS; LEVEES. donations and conveyances by state and its agencies, poli- tical corporations and subdivisions for flood control works permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II FLOOD CONTROL CANALS, See CANALS; FLOOD CONTROL. FLYING FIELDS, See AVIATION. FOODS AND DRUGS, adulteration, legislature may prohibit. . . . . . . . . . . . . . . . . . . {I FORCED CONFESSION, See CONFESSION. FORCED HEIRSHIP, See HEIRS. abolition prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II FORCES, ARMED, See ARMED FORCES. FOREIGN POWER, holding office under, as disqualification to hold state office or be member of legislature. . . . . . . . . . . . . . . . . . . . . . III FOREST PRESERVES, donation of land to United States. . . . . . . . . . . . . . . . . . . . . . . II FORESTRY, forestry commission, Louisiana. . . . . . . . . . . . . . . . . . . . . . . . . II forest severance tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III practice of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II HII legislature authorized to make provisions for . . . . . . . . . . . . . III state forester . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II tax of 26 per acre may be authorized to the parishes by the legislature for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III FORESTRY COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II severance taxes, allocation to commission. . . . . . . . . . . . . . . . II FORESTS, donations and conveyances by state and its agencies, poli- tical corporations and subdivisions to U. S. for forest preserves permitted. . . . . . . . . . . . . . . . . . . . . . . II FORFEITURE, constitutionality or legality of, Supreme Court to have appellate jurisdiction in all cases. . . . . . . . . . . . . . . . . II governor’s power to remit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II of legislative office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II of immovable property, prior to adoption of constitution, effect of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III when presumed to be null. . . . . . . . . . . . . . . . . . . . . . . . . . . . III when state estopped setting up claim or title under. . . . . . III of property, for non-payment of taxes prohibited. . . . . . . . . III prohibition against local or special laws remitting. . . . . . . . . II remitting of, special and local laws on, prohibited. . . . . . . . II utility violating orders of public service commission. . . . . . . II Page” 239 362 516 4.17 92 362, 362 509 215 509 269 269 50.9 269 512 313 362 626 463 121 204 204 204 200 387, 388 387, 463 399 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1068 Vol. IV Provisions of Present Constitution and Projet º Volume Page” FORMER JEOPARDY, arrest of judgment expected. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 mistrials excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 new trials excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 putting persons twice in jeopardy prohibited. . . . . . . . . . . . II 19, 19 FORMS, oath of office, public officials. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 91, 91 Voters’ registration blanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 7, 20 FORMS OF GOVERNMENT, legislature to provide for optional plans for the organiza- tion of parochial government. . . . . . . . . . . . . . . . . . . . . III 2O7 FOUNDATION OF GOVERNMENT, II 7 4-H CLUBS, repayment of federal government guaranteed by state. . . . II 355 FRANCHISE, to vote, restoration of, after conviction of crime. . . . . . . . . . III 45 FRANCHISES, See NEW ORLEANS. perpetual franchises prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 40 FREE CONFESSION, See CONFESSION. FREE PUBLIC SCHOOLS, See SCHOOLS. - FREE SCHOOL BOOKS, to be provided from severance tax fund . . . . . . . . . . . . . . . . . . II 315 FREE STATE, See STATE. FREEDOM FROM ARREST, members of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iſ 127, 128 voters going to and from elections. . . . . . . . . . . . . . . . . . . . . . III 81, 81 FREEDOM OF ASSEMBLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14 FREEDOM OF EXPRESSION, to speak, write, and publish sentiments on all subjects. . . . . II 9 FREEDOM OF RELIGION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13 FREEDOM OF SPEECH AND PRESS, laws curtailing or restoring, prohibited. . . . . . . . . . . . . . . . . . II 9, 9 responsibility for abuse of liberty. . . . . . . . . . . . . . . . . . . . . . . II 9, 9 FREEDOM OF WORSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 FREIGHT TERMINALS, See TERMINALS. FUELS, See MOTOR FUEL. for state, how purchased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 122 FUNDS, See PROPERTY TAx RELIEF FUND; PUBLIC FUNDs; STATE GENERAL REVENUE FUND. all revenue to be deposited in single fund. . . . . . . . . . . . . . . . II 220 college fund, state, transference of funds to, by treasurer. . III 460 custody and safekeeping of, responsibility of treasurer. . . . II 493 equalization fund, part of Public School Fund to be set aside as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 to be administered by State Board of Education. . . . . . . . . III 460 for administration of judicial commissions, treasurer to make available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1069 Vol. IV Index e e º e º Part | Provisions of Present Constitution and Projet e Volume FUNDS, (continued) part of Public School Fund to be set aside as equalization fund . . . . . . . . . . . . . . . * * * * > 0 s tº e º e e º e s e e s e e e e s e e e e III political corporations to expend, as authorized by law...... III Public School Fund state, transference of funds to, by treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state, collection of, legislature to prescribe procedure for.. III control of, legislature to prescribe procedure for. . . . . . . . III donation of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II investing of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II legislature to prescribe procedures for collection, control, expenditure of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III lending of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II pledging of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II state bond and interest fund tax, of political corporations shall not be loaned, pledged or granted. . . . . . . . . . . . II of state shall not be loaned, pledged or granted. . . . . . . . . II University Fund, state, transference of funds to, by treas- uſer - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - III FUNDS, PUBLIC, See STATE FINANCES, FUNDS. FUTURE FARMERS OF AMERICA, repayment of federal funds guaranteed by state. . . . . . . . . . II G GAMBLING, declared a vice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II in futures of agricultural products, against public policy. . . II legislature to pass laws to suppress. . . . . . . . . . . . . . . . . . . . . . II GARBAGE DISTRICTS, are corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III corporate powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III are political subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III board of supervisors provided for. . . . . . . . . . . . . . . . . . . . . . . III creation by police juries authorized. . . . . . . . . . . . . . . . . . . . . . III may employ others to collect and dispose of garbage. . . . . . . III may issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may levy taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III their governing authority is police jury. . . . . . . . . . . . . . . . . . III to construct and maintain garbage collection and disposal Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III GAS, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II See MINERAL CODE. Severance tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II GASOLINE TAX, See MOTOR FUEL TAX OF STATE; MOTOR FUEL. refund allowed on tax where loss occurs after tax paid. ... II refund of tax paid, where used in commercial fishing boats, farm tractors and farm machinery. . . . . . . . . . . . . . . . II additional one cent for ports and Schools. . . . . . . . . . . . . . . . . II all gasoline and motor fuel in this state presumed to be subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II allocation of proceeds of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II allowance for losses in handling motor fuel. . . . . . . . . . . . . . . II Page” 460 204 206 206 354 354 354 354 236 354 460 355 409 409 409 394 394 394 394 394 394 394 394 394 394 190 313 292 239 292 307 239 292 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1070 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” amendment to be self-operative. . . . . . . . . . . . . . . . . . . . . . . . . II 312 application to all gasoline sold. . . . . . . . . . . . . . . . . . . . . . . . . . II 292 applies to all gasoline sold, used or consumed. . . . . . . . . . . . . II 292 apportionment of tax among various boards. . . . . . . . . . . . . II 299 attachment allowed when tax delinquent. . . . . . . . . . . . . . . . . II 296 board of commissioners of the port of New Orleans, portion of tax allotted to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 bond to secure payment may be given. . . . . . . . . . . . . . . . . . . II 296 casinghead and absorption gasoline excepted from . . . . . . . . II 292 casinghead and absorption gasoline sales to be reported to Supervisor of public accounts. . . . . . . . . . . . . . . . . . . . . II 292 collection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 295 costs taxed against delinquent. . . . . . . . . . . . . . . . . . . . . . . . . . II 312 costs taxed against delinquent collection by supervisor of public accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 312 dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 295, 296 definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 295 enforcing payment of tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 296 monthly reports must be filed with supervisor of public accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 295 option to pay tax or give bond. . . . . . . . . . . . . . . . . . . . . . . . II 307 payment of tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 296 dedicated to state boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 dedicated to state public school fund. . . . . . . . . . . . . . . . . . . . . II 315 deductions allowed on tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 292 defined for tax purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 292 duplication of tax prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 307 exemption of U. S. and armed forces from 1¢ tax. . . . . . . . . II 312 effective date of amendment creating. . . . . . . . . . . . . . . . . . . . II 312 examination of books, records and files. . . . . . . . . . . . . . . . . . II *. 312 examination of transportation agencies and firms. . . . . . . . II 307 eXCeSS TeVellue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 expenses of enforcing article, annual appropriation. . . . . . . II 312 failure to make report of sale, duty of supervisor of public accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 311 false oath to reports, penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . II 311 farm to market highways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 four cent to continue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 four cents pledged to pay bonds. . . . . . . . . . . . . . . . . . . . . . . . II 239 gasoline in motor car imported into state exempt from . . . . II 307 gasoline sold to jobber and exported not subject to . . . . . . . . II 307 gasoline subject to attachment and sale to pay. . . . . . . . . . . II 296 general highway fund, portion allotted to. . . . . . . . . . . . . . . . II 299 if consumption reduced, legislature may provide other taxes II 239 jobber may secure refund from dealer on exported gas. . . . II 307 Lake Charles Harbor and Terminal District, portion of, allotted to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 monthly report of importers and exporters. . . . . . . . . . . . . . . II 295 monthly settlements to be made by supervisor of public accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 2.99 contents and verification of monthly report of importers and exporters . . . . . . . . . . . . . e e e e º e s e e e s e e s e º e s e º e II 295 one cent and four cent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 one cent to continue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 parishes, municipalities and political subdivisions prohib- ited from levying tax on. . . . . . . . . . . . . . . . . . . . . . . . . . II 278 penalties for violating article. . . . . . . . . . . . . . . . . . . . . . . . . . . II 310 payment to be made to supervisor of public accounts. . . . . . II 296 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1071 Vol. IV Index Part I Provisions of Present Constitution and Projet º Volume GASOLINE TAX, (continued) persons required to pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II on imported gasoline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II presumption that gasoline held for sale. . . . . . . . . . . . . . . . . . II proceeding against delinquent tax debtor authorized. . . . . . II proceeds paid into state treasury. . . . . . . . . . . . . . . . . . . . . . . . II proceeds protected if science reduces use, etc.. . . . . . . . . . . . . II purpose of article. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II purpose of levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II receipts for payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II refund to United States and agencies thereof, how made. . II refund when paid on motor fuels used in commercial fish- ing boats, farm tractors, and farm machinery. . . . . . II Sales to United States government exempted. . . . . . . . . . . . . . II Supervisor of public accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . II bond required of supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . IJ bond of Supervisor to collect tax. . . . . . . . . . . . . . . . . . . . . . I] power and duties of supervisor. . . . . . . . . . . . . . . . . . . . . . . . II receipts for payment of tax. . . . . . . . . . . . . . . . . . . . . . . . . . II sales not reported, examination and computation of tax. . II three cents balance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i I treasurer authorized to determine surplus collections. . . . . . II United States government and agencies thereof, exempt... IH When delinquent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II When due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II GENERAL APPROPRIATION ACT, effective date of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II what it shall embrace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II GENERAL CONGRESSIONAL ELECTION, where question of the retention of a judge in office to be submitted at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II GENERAL ELECTION LAWS, election for changing location of parish seat, to be con- ducted in manner provided in. . . . . . . . . . . . . . . . . . . . . III GENERAL ELECTIONS, See ELECTION. election of clerks of court at . . . . . . . . . . . . . . . . . . . . . . . . . . . . II legislature shall fix time for. . . . . . . . . . . . . . . . . . . . . . . . . . . . III shall be once every four years. . . . . . . . . . . . . . . . . . . . . . . . . . III GENERAL FUND, fees collected by register of the land office go to . . . . . . . . . . . II fees collected by secretary of state go to . . . . . . . . . . . . . . . . II of political corporation, when reimbursed by Property Tax Relief Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III GENERAL HIGHWAY FUND, gasoline tax 1% transferred to. . . . . . . . . . . . . . . . . . . . . . . . . . II legislature may pass other funds to . . . . . . . . . . . . . . . . . . . . . . II legislature shall provide expenditure of . . . . . . . . . . . . . . . . . . II legislature to provide reimbursement to parishes from . . . . II tax on motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II GENERAL LAW, legislature to provide for incorporation of cities, towns and villages by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III municipalities not to exercise power in conflict with. . . . . . III GENERAL REVENUE FUND, See STATE GENERAL REVENUE FUND. preferred claim on avails of, on all funded obligations. . . . III Page” 161, 206, 295 295 307 296 239 239 307 307 312 312 239 312 299 311 311 309 312 311 239 239 312 296 296 181 206 770 206 764 58 444 444 185 299 239 238 238 239 245 189 2O7 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1072 Vol. IV Provisions of Present Constitution and Projet º Volume Page” GENERAL STATE ELECTION, date of, to be fixed by legislature. . . . . . . . . . . . . . . . . . . . . . . . III 739 election of executive department at. . . . . . . . . . . . . . . . . . . . . . II 428 first election after adoption of constitution, date of . . . . . . . . III 739 officers elected at, to take office at time fixed in Constitution of 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 739 GIFTS, to charitable, religious, or educational institutions, tax exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 GIRLS, See CHILDREN. regulation of wages, etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 GOD, Worship of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 GOLD, See BONDS. GOLF LINKS, Orleans Levee Board empowered to lay out. . . . . . . . . . . . . . III 614 GOODS, injury done to, adequate remedy of due process of law and justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14 right to legal protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 GOVERNING AUTHORITIES, parish, employees and deputies of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 GOVERNMENT, See DEPARTMENTS OF GOVERNMENT; EXECUTIVE DEPART- MENT; JUDICIAL DEPARTMENT; LEGISLATURE; STATE; |UNITED STATES. appropriations for general expenses of . . . . . . . . . . . . . . . . . . II 206, 206 departments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 49, 49 encroachment of one department on other prohibited. . . . . . II 51, 51 expenses of, inclusion in general appropriations bills. . . . . . 's II 206 forms of, legislature to provide optional plans for the or- ganization of parochial government. . . . . . . . . . . . . . . III 295 parishes may change, upon majority vote. . . . . . . . . . . . . . III 295 geographical subdivision of, referred to as political subdi- vision in constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 337 home rule charter for, any municipality may adopt. . . . . . . . III 249 military subordinate to civil power. . . . . . . . . . . . . . . . . . . . . . II 28 municipal, consolidation, where in different parishes, ma- jority vote of each municipality required. . . . . . . . . . III 298 municipal and parochial, consolidation, majority vote of entire parish required. . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 municipality, special taxes may be levied by, on former municipality consolidated . . . . . . . . . . . . . . . . . . . . . . . . III 324 of cities, towns, and villages, legislature to provide for . . . . III 245 origin and purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7, 7 parochial, legislature to provide optional plans for organi- zation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 295 philosophy of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7 powers of, divided into three distinct departments. . . . . . . . . II 49 purpose, secure justice, preserve peace, promote interest of people, promote happiness of the people. . . . . . . . . . . II 7 seat of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º e g c e º C II 412 under municipal charter, not to be changed by local or Special law, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1073 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” GOVERNMENT, (continued) under special legislative charter, may be changed by special or local law, exception. . . . . . . . . . . . . . . . . . . . . . . . . . III 245 GOVERNMENT, FEDERAL, . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362 See FEDERAL GOVERNMENT. GOVERNOR, See ACTING GOVERNOR; EXECUTIVE DEPARTMENT. absence from state, notice of, prior to departure, require- ment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 472 notice of return, requirement of... . . . . . . . . . . . . . . . . . . . II 472 written declaration of, requirement of... . . . . . . . . . . . . . . II 472 age requirement for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 appointive offices established by constitution. . . . . . . . . . . . . . II 475 appointing power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475, 475, 478 with advice and consent of the senate. . . . . . . . . . . . . . . . . . II 475 appointment of members of Louisiana Tax Commission. . . . III 140 appoints commissioner of conservation with consent of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 appoints constitutional officers, except where otherwise pro- vided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475 approval of contracts for Supplies for staet. . . . . . . . . . . . . . II 122 approval of laws by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 154 approval required for borrowing certain funds by Board of Commissioners of the Port of New Orleans. . . . . . . . III 645 audit, copy to be filed with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 497 authority to appoint first judge and district attorney of 27th judicial district. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 665 authority to call election to fill vacancy in legislature. . . . . . II 116, 116 bills becoming laws on failure of governor to approve or Veto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 154, 163 Board of Commissioners of the Port of New Orleans, vacancies filled by appointment. . . . . . . . . . . . . . . . . . III 629 Board of Highways, appointment of members. . . . . . . . . . . . II 522 Board of Institutions, member, appointment of members. . II 531 Board of Public Welfare, appointment of members. . . . . . . . II 376 causes for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 certain acts of legislature do not require approval of £OVer Ilor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160, 160 certificate as to emergency laws. . . . . . . . . . . . . . . . . . . . . . . . . II 161, 161 chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 450, 450 commander in chief of militia. . . . . . . . . . . . . . . . . . . . . . . . . . II 453, 455 commencement of term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 440, 441 commissions, requirements concerning. . . . . . . . . . . . . . . . . . . II 507 compensation, fixed by legislature. . . . . . . . . . . . . . . . . . . . . . . II 444 other than that fixed by legislature, prohibited. . . . . . . . . . . II 444 consent of senate necessary to appointment of constitu- tional officers by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 479 date term commences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 440, 441 debarred from holding office under state upon impeachment II 482 delivery of bills to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 devolution of duties in event of incapacity. . . . . . . . . . . . . . . . II 472 disqualification from office, order of succession. . . . . . . . . . . II 467 duty to execute laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 453, 453 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A II 427, 428,441, 442 examination and tabulation of votes for, by legislature. . . . II 441, 443 excepted from general provisions for impeachment and re- moval from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 111, 116 executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428,450 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1074 Vol. IV Provisions of Present Constitution and Projet º, Volume Page” ex-officio president of governing body of Louisiana State University and Agricultural and Mechanical College III 426,429 failure to qualify, order of succession in case of... . . . . . . . II 467 failure to submit names of appointments to senate, effect. . II 478,478 forfeitures, power to remit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 Greater Baton Rouge Port Commission, appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • III 663 holding office under United States at time of election, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 impeachment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482, 483 presentment of copies of charges to. . . . . . . . . . . . . . . . . . . . II 482 Suspension from office during pendency of charges. . . . . . II 482 trial of, in senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 483, 110 innpeachment, without power to set aside. . . . . . . . . . . . . . . . II 463 incapacity of, devolution of duties. . . . . . . . . . . . . . . . . . . . . . II 472 information to legislature concerning affairs of state. . . . . II 452 ineligible to be own immediate successor. . . . . . . . . . . . . . . . . II 450 investigation of public affairs, not required to sign orders, notes, resolutions relating to . . . . . . . . . . . . . . . . . . . . . II 160 issuance of proclamation of constitutional amendment. . . . III 707 legislature without power to remove by address. . . . . . . . . . III 111 lieutenant governor acting as.. . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 Liquefied Petroleum Gas Commission, appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 may call extraordinary sessions of legislature. . . . . . . . . . . . II 74, 75 may make recommendations to legislature. . . . . . . . . . . . . . . . II 452,452 may require written information from executive officers. . . II 459, 460 may suspend custodian or collector of public funds upon recommendation of auditor or parish governing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 118 member of executive department. . . . . . . . . . . . . . . . . . . . . . . . II 428,428 members of board of commissioners of port of New Orleans, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 629, 630 message to general assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 452 militia, power to call out. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 453, 455 municipal court of New Orleans, filling vacancy. . . . . . . . . . II 716 officers commissioned by, election returns to be made to Secretary of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 83 offices of, excepted from classified civil service. . . . . . . . . . . . III 579 orders of legislature not required to be signed by . . . . . . . . II 160, 160 pardon of prisoners. . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * II 160, 463 passage of bills over governor’s veto. . . . . . . . . . . . . . . . . . . . . II 154, 154 performance of duties during absence. . . . . . . . . . . . . . . . . . . . II 472, 472 performance of duties during inability to act. . . . . . . . . . . . II 472, 472 power and duties, appointment of judges from list of non- political commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 appointment of members of Board of Control of State Colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 appointment of members of civil service commission. . . . . III 511 appointment with advice and consent of senate. . . . . . . . II 475 appointments to judicial commissions. . . . . . . . . . . . . . . . . II 770 approval of temporary loans for Board of Commissioners of Port of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . III 645 call armed forces to execute the laws, suppress insurrec- tion, repel invasion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 453 call election to fill vacancy in legislature. . . . . . . © e º e g º º e II 116 certain acts not requiring signature of governor. . . . . . . . II 160 civil service commission, appointment of . . . . . . . . . . . . . . . III 511 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1075 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” GOVERNOR, (continued) g failure to appoint within time limit, effect of . . . . . . . . . III 511 clemency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463 commander in chief of armed forces, exception. . . . . . . . . II 453 commute sentences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 devolution of, in event of incapacity. . . . . . . . . . . . . . . . . . . II 472 direction of sale, redemption, payment, retirement of state bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 failure to carry out duties, prima facie evidence in im- peachment proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 file declaration of absence with secretary of state. . . . . . . II 472 fill vacancies during recess of senate. . . . . . . . . . . . . . . . . . II 478,478 fill vacancies in certain offices. . . . . . . . . . . . . . . . . . . . . . . . II 428,478,497 grant pardons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 grant reprieves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 182,462, 462, 463 issuance of proclamation of constitutional amendment, time limit on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 721 issuance of proclamation on election results on proposed indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 legislature, may convene in special session. . . . . . . . . . . . . . II 74 make reports and recommendations and give informa- tion to legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 452 making recess appointment of rejected nominee pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478 membership on Board of Liquidation of the State Debt.. II 212 nomination and appointment . . . . . . . . . . . . . . . . . . . . . . . . . II 475 approval of senate not necessary when constitution provides special nominating procedures. . . . . . . . . . . . II 475 where approval of senate not necessary. . . . . . . . . . . . . . II 475 notice of return to state, to be filed with secretary of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IT 472 order of devolution of duties. . . . . . . . . . . . . . . . . . . . . . . . . . II 472 remit fines and forfeitures . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 report to legislature at beginning of each session. . . . . . . II 452 require written information from departmental officer Or ageI1Cy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 459 time limit on proclamation announcing election results on proposed indebtedness. . . . . . . . . . . . . . . . . . . . . . . . . II 343 treason, granting reprieves in cases of, limitation on . . . . II 462 vacancy appointments, failure to submit names of, effect of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478 veto items of appropriation bills. . . . . . . . . . . . . . . . . . . . . . II 157, 157 presentation of bills to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 152, 154, 154 prohibited from making recess appointment of rejected nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 qualifications for office. . . . . . . . . . . . . . . . . . . . . . . e e o e e s e e º e II 428,428 reconsideration by legislature of laws vetoed by . . . . . . . . . . II 154, 154 relative to taxation on new industries. . . . . . . . . . . . . . . . . . . III 270 removal from office by impeachment. . . . . . . . . . . . . . . . . . . . . II 482 report on certain laws to legislature. . . . . . . . . . . . . . . . . . . . II 154, 452 reprieve, power to grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 182,462, 462, 463 resolutions of legislature not required to be signed by . . . . II 160, 160 right to sell land under Lake Pontchartrain. . . . . . . . . . . . . . II 531 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 sentences, power to commute. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463,463 signs all commissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 507 state bank commissioner, appointment. . . . . . . . . . . . . . . . . . . II 516 state board of health, appointment. . . . . . . . . . . . . . . . . . . . . . II 515 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1076 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” advice and consent of senate necessary. . . . . . . . . . . . . . . . II 515 state citizenship, requirement of . . . . . . . . . . . . . . . . . . . . . . . . II 427 state civil service commission, appointment of members.... III 514 succeeding self in office prohibited. . . . . . . . . . . . . . . . . . . . . . . II 450, 451 Supervises execution of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 453, 453 Suspension from office, during pendency of impeachment charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 suspension of officer. . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - III 118, 119 Suspension of officer in arrears with public funds. . . . . . . . . III 118, 119 term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428, 441 tie vote, choice of governor by legislature. . . . . . . . . . . . . . . . II 441, 442, 443 time for approving or vetoing laws. . . . . . . . . . . . . . . . . . . . . . II 154, 154 treason, duration of reprieve. . . . . . . . . . . . . . . . . . . . . . . . . . . II 182 vacancy in office, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 III 58, 59 veto power, items in appropriation bills. . . . . . . . . . . . . . . . . . II 157, 157 passage of bills over veto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154 Wildlife and Fisheries Commission, appointment of mem- tº e & © tº e º e - e º 'º - e º e º e º e º e º a tº e º e º C G e º O e º 'º e º e º O e II 512 written request for removal of judges of courts of record y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - III 114 written request for removal of state, district, parochial, or municipal officers by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116 GRADE CROSSINGS, See RAILROADS. GRADUATED EXCISE TAX, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135 GRAND JURY, concurrence necessary to find indictment. . . . . . . . . . . . . . . . II 745, 745 corrupt acts in connection with elections, investigations. . . III 46 necessity of indictment or presentment by, in capital cases II 19, 19 period empanelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 745 quorum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 745, 745 to be empanelled twice each year in parishes. . . . . . . . . . . . . II 745, 745 GRANT, of public funds, property or credit prohibited. . . . . . . . . . . . . II 354, 354 GRAVITY DRAINAGE DISTRICTS, See DRAINAGE DISTRICTS. assessment rolls for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 38.9 authority to levy taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 389 domiciles of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 fiscal agents for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 how cited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 manner of levying, assessing and collecting taxes of . . . . . . III 390 meetings of boards of commissioners of . . . . . . . . . . . . . . . . . . III 391 officers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 taxes to pay bonds of . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * III 389 GRAVITY SUBDRAINAGE DISTRICTS, assessment rolls for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 389 domiciles of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 391 manner of levying, assessing and collecting taxes of . . . . . . . III 390 taxes to pay bonds of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 389 GREATER BATON ROUGE PORT COMMISSION. . . . . . . . III 663 GREATER NEW ORLEANS EXPRESSWAY. . . . . . . . . . . . . II 239 GRIEVANCES, petition or remonstrance for redress of . . . . . . . . . . . . . . . . . . II 14, 14 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1077 Vol. IV Index tº ſº e e te Part 1 Provisions of Present Constitution and Projet Volume GROSS MISCONDUCT, as cause for impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III as cause for impeachment of governor. . . . . . . . . . . . . . tº G & º II for district attorney to defend person accused or violating law or ordinance. . . . . . . tº e º e g º ºs e º & º º is tº $ in e º 'º º º e º e & II GULF, See NAVIGABLE WATERS. GULF OF MEXICO, violation of conservation statute in, legislature to provide for venue and prosecution of... . . . . . . . . . . . . . . . . . . II GYMNASIUMS, property constituting, exempt from taxation. . . . . . . . . . . . . III Orleans levee board empowered to establish. . . . . . . . . . . . . . III H HABEAS CORPUS, courts vested with power to issue writ. . . . . . . . . . . . . . . . . . II criminal district court's power to issue writ. . . . . . . . . . . . . II issuance of Writ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right of judges and courts to issue writ of . . . . . . . . . . . . . . . II suspension of writ prohibited, exceptions. . . . . . . . . . . . . . . . II prohibition against suspension of, exceptions. . . . . . . . . . . . . II public safety, suspending writ on account of . . . . . . . . . . . . . II rebellion ground for suspending writ. . . . . . . . . . . . . . . . . . . II HAPPINESS, promotion, purpose of government. . . . . . . . . . . . . . . . . . . . . II HARBOR, See BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANS: COMMERCE; PORT OF NEW ORLEANs. HARBOR AND TERMINAL DISTRICTS, Lake Charles district, act creating, ratified. . . . . . . . . . . . . . III purpose for which created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III taxes, power to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III HARBOR DISTRICTS, are corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III are political subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III bonds, power to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III creation authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may borrow money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may collect fees and tolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may lease their property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may levy and collect taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may own, construct and operate docks, wharves, sheds, elevators, warehouses, railroads, etc.. . . . . . . . . . . . . . III HARBOR IMPROVEMENT DISTRICTS, authority for local and special laws regarding charters of II HARBORS, See HARBOR DISTRICTs; HARBOR IMPROVEMENT DISTRICTs; LAKE CHARLES HARBOR AND TERMINAL DISTRICT; NAVIGATION DISTRICTS; NAVIGABLE WATERS. donations and conveyances by State and its agencies, poli- tical corporations and subdivisions for harbor work permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Greater Baton Rouge Port Commission. . . . . . . . . . . . . . . . . . III Page” 109, 109 482 760 701 173, 174 611, 614 580, 580 696 580 580, 580 26, 26 26, 26 26, 26 26, 26 7, 7 392 392, 668 392, 668 392,393, 668 392, 393, 668 392, 668 311, 392, 393, 668 392, 393, 668 392, 393, 668 392, 668 393, 668 392, 393, 668 392, 393, 668 388 362 663 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1078 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” HARD LABOR, crime punishable at, provision concerning number of jurors II 739, 740 HEALTH, See BOARDS OF HEALTH. laws to protect, enactment by legislature. . . . . . . . . . . . . . . . II 515, 516 HEARINGS, in cases of removal and disciplinary action in civil service, provision requiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 588 HEIRS, abolition of forced heirship prohibited. . . . . . . . . . . . . . . . . . II 4.17 collateral, tax limitation on . . . . . . . . . . . . tº e º 'º e º 'º e º e º e º e º ſe tº III 189, 190 prohibition against local or special laws affecting in- heritance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 388 release of heirs to confiscate property from taxes au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383,383 rights of adopted children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 when not dispossessed of immovable property for non- payment of taxes, when presumed null. . . . . . . . . . . . . III 204 HEIRSHIP, See HEIRS. HIBERNIA BANK AND TRUST COMPANY., payment of debt contracted by governor provided for . . . . . III 762 HIGH CRIMES, as cause for impeachment of governor. . . . . . . . . . . . . . . . . . II 482 HIGHER EDUCATION, See BOARD OF CONTROL OF STATE COLLEGES; BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE. colleges, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . III 170, 170 personnel excepted from classified civil service. . . . . . . . . . . III 579 HIGHWAY BONDS, $5,500,000 appropriated for Series H and Series I. . . . . . . . . II 239 HIGHWAY COMMISSION, advisory committee, approval of construction contract. . . . II 242, 526 creation, members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 526 authorized to issue bonds for $10,000,000. . . . . . . . . . . . . . . . II 239 contracts for improvement of highways approval of . . . . . . II 247 shall provide for construction of bridges. . . . . . . . . . . . . . . . . II 292 state shall approve causeway lands for Lake Pontchartrain II 531 HIGHWAY DISTRICTS, authority for creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 benefit tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 362 bond issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 annual installments, payment in . . . . . . . . . . . . . . . . . . . . . . III 385 borrowing money authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 coextensive with parish prohibited. . . . . . . . . . . . . . . . . . . . . . . III 367 creation by police juries authorized. . . . . . . . . . . . . . . . . . . . . . III 367 legislative authority to levy tax to pay bonds. . . . . . . . . . . . . III 385 limitation on indebtedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 375 refunding bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 383 special tax levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 362 state highways, district's share of cost. . . . . . . . . . . . . . . . . . II 521 subroad district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 HIGHWAY FUND–GENERAL, See GENERAL HIGHWAY FUND. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1079 Vol. IV Index Part I Provisions of Present Constitution and Projet l $: HIGHWAY FUND No. 2, Volume Page funds from certain parishes dedicated to. . . . . . . . . . . . . . . . . II 239 HIGHWAYS, See BRIDGES; GASOLINE TAX; ROAD DISTRICTs; SERVITUDES. acquisition of property for relocation and restoration of, III 606, 606 board of highways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 522 Board of Liquidation approval necessary before contracts for construction of operative. . . . . . . . . . . . . . . . . . . . . II 239 Board of State Engineers to have supervision over. . . . . . . II 521 bond issues by board of highways. . . . . . . . . . . . . . . . . . . . . . . II 299 bonds for New Orleans, Chef Menteur and New Orleans- Hammond highways bonds protected. . . . . . . . . . . . . . II 529 bonds under Act 18 of Extra Session of 1918, saving clause II 529 bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 242, 292 highway commission to construct. . . . . . . . . . . . . . . . . . . . . II 292 limitation on cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 bridges across Mississippi River. . . . . . . . . . . . . . . . . . . . . . . . II 242 constitutional provisions and laws remain in effect until legislation adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 528 expropriation of necessary property. . . . . . . . . . . . . . . . . . . . . II 521, 522 gasoline tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 292, 312 application of tax to all gasoline sold. . . . . . . . . . . . . . . . . . II 292 general highway fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 238, 239, 521 duty of legislature to provide for. . . . . . . . . . . . . . . . . . . . . II 521 legislature to provide for expenditure. . . . . . . . . . . . . . . . II 238 motor fuel tax, part of highway fund. . . . . . . . . . . . . . . . . II 23.9 motor vehicle license tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23.9 paid into state treasury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 240 sources of fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 238 Greater New Orleans Expressway. . . . . . . . . . . . . . . . . . . . . . II 239 highway funds, bonds, gasoline tax. . . . . . . . . . . . . . . . . . . . . II 239 highway fund No. 2, excess revenues. . . . . . . . . . . . . . . . . . . . II 239 treasurer authorized to use other funds to retire bonds in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 leasing bridges to railroads. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 247 local and Special laws concerning prohibited. . . . . . . . . . . . . II 388 Inap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 Mississippi River Bridge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 money for, appropriations included in general appropria- tions bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206 motor fuel tax credited to highway fund. . . . . . . . . . . . . . . . . II 299 motor vehicles licensed to use, exempt from taxation. . . . . . III 181 municipalities and parishes, contribution toward cost of construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 521 New Orleans, Chef Menteur and New Orleans-Hammond highways, Board of Liquidation authorized to bond excess license collections for completion of . . . . . . . . . II 291 parishes, cities, towns and villages may be required to contribute for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 521 paved highways, map indicated. . . . . . . . . . . . . . . . . . . . . . . . . II 527 prohibition against local and special laws regarding. . . . . . . II 388 property acquired to restore, to be purchased at not more than assessed value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606, 606 resurfacing, duty of legislature to provide for. . . . . . . . . . . . II 521 rights-of-way for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 521 road districts, benefit tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 362 royalty road fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 227 special and local laws authorizing laying out, opening, closing, altering, or maintaining of, prohibited. . . . . II 387 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1080 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” state advisory board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 242, 526 appointment by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 526 approval of board of contract for construction of roads. . II 526 members of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 526 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 526 state highway bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 240 gasoline tax pledged for payment. . . . . . . . . . . . . . . . . . . . . II 244 issuance and sale of bonds, terms and conditions. . . . . . . . II 240 state highway funds in general. . . . . . . . . . . . . . . . . . . . . . . . . II 239 HIGHWAYS AND BRIDGES, legislature shall provide for system. . . . . . . . . . . . . . . . . . . . . II 521 money collected for and dedicated to, exclusively. . . . . . . . . . II 239 HIRING OF CONVICTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 410, 411 HISTORICAL AREAS, provision authorizing preserving character of . . . . . . . . . . . III 324 HISTORY, See LOUISIANA HISTORICAL SOCIETY; VIEUX CARRE. Vieux Carre Commission to preserve buildings having historical value in Vieux Carre. . . . . . . . . . . . . . . . . . . III 3.25 HOLIDAY, birthday of Honorable Huey P. Long made. . . . . . . . . . . . . . II 191 legislature authorized to establish. . . . . . . . . . . . . . . . . . . . . . II 191 legislature to regulate what may be lawfully done on . . . . II 191 HOME RULE CHARTER, Baton Rouge city and parish to have. . . . . . . . . . . . . . . . . . . . III 259 to be filed with appropriate recorder of mortgages in parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 charter or amendment, to be filed with secretary of state. . III 249 legislature to provide manner by which consolidated city- parish may adopt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 method for adoption by general law. . . . . . . . . . . . . . . . . . . . III 249 may be amended or replaced by other home rule charters as in Article X, Section 2. . . . . . . . . . . . . . . . . . . . . . . . III 259 method of adoption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 method of amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 method of repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 municipal legislative body may propose. . . . . . . . . . . . . . . . . . III 249 New Orleans to have. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 259 petition for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 required number of electors to propose. . . . . . . . . . . . . . . . . . . III 249 time of election for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 when approved, effective date of . . . . . . . . . . . . . . . . . . . . . . . . III 249 HOMESTEAD AND BUILDING AND LOAN ASSNS., state bank commissioner, supervisor of . . . . . . . . . . . . . . . . . . II 516 HOMESTEAD EXEMPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 appellate jurisdiction of Supreme Court . . . . . . . . . . . . . . . . II 628, 628 appurtenances included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 contract or obligation existing at time of adoption of con- stitution excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 creditors’ rights not to be impaired by voluntary sale of property covered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 36 debts to which exemption inapplicable. . . . . . . . . . . . . . . . . . . II 35 farm implements and tools. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +- II 35 liabilities of public officer or fiduciary exempted. . . . . . . . . . II 35 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1081 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume HOMESTEAD EXEMPTIONS, (continued) limitation on value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II livestock and equipment included. . . . . . . . . . . . . . . . . . . . . . . . II may be waived. . . . . . . . . . . . . . . . . & G - e º e s - e º e º e º e º 'º e e s - e. e. II mechanics’ and materialmen's liens exempted. . . . . . . . . . . . II mortgage loans, exception, conditions. . . . . . . . . . . . . . . . . . . II must be registered in cities over 100,000. . . . . . . . . . . . . . . . . II not applicable to certain debts. . . . . . . . . . . . . . . . . . . . . . . . . . II not to impair existing rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . II officers have no authority to levy exemption on property covered by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II owners’ right to sell exempt property. . . . . . . . . . . . . . . . . . . . II rights of creditors preserved. . . . . . . . . . . . . . . . . . . . . . . . II persons entitled to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II property exempt under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II recording claim of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II rent bearing a privilege excepted. . . . . . . . . . . . . . . . . . . . . . . II right to sell property voluntarily. . . . . . . . . . . . . . . . . . . . . . . . II rural exemptions, number of acres. . . . . . . . . . . . . . . . . . . . . . II sale of property under exemption null and void in certain CaSeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to exist without registration. . . . . . . . . . . . . . . . . . . . . . . . . . . II urban exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II value of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vendor's lien excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II waiver, how executed. . . . . . . . . . . . . . . . . . . . © e º e º e º e s e s e º a II when effective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II where recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II waiver of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II both spouses required to sign waiver. . . . . . . . . . . . . . . . . . II general or special waiver, right to give. . . . . . . . . . . . . . II HOMESTEADS, exemption from legal process. . . . . . . . . . . . . . . . . . . . . . . . . . . II cities of 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II HORTICULTURAL WORKERS, occupational license tax not to be levied against. . . . . . . . . . III HOSPITAL SERVICE DISTRICTS, creation by police jury; authority. . . . . . . . . . . . . . . . . . . . . . III HOSPITALS, See CHARITABLE INSTITUTIONS; CHARITY. Confederate Memorial Center at Shreveport. . . . . . . . . . . . . . II donations and conveyances by state and its agencies, poli- tical corporations and subdivisions permitted. . . . . . . II donation of land to U. S. by state or political corporation. . II leasing by municipality to public or private persons or cor- poration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II HOT WELLS HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II HOURS, minimum wages and regulation of hours of work of women and girls, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II HOURS OF WORK, civil service rules governing uniform regulations of, per- mitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III HOUSE, armed forces not to be quartered in, without consent of OWTheTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 35 35 36 35 35 36 35 35 35 36 36 35 35 36 35 36 35 35 36 35 35 35 36 36 36 36 36 36 35 36 189 373 326 362 362 355 531 394, 394 585 17, 17 * Page numbers in bold type are Projet references; in Standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1082 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” HOUSE OF REPRESENTATIVES, See LAWS; LEGISLATIVE PROCEDURE, APPROVAL OF BILLS; LEGISLATURE, ADJOURNMENT; LEGISLATURE, COM- MITTEES. adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 adjournment from day to day, less than quorum present. . II 130, 131 appropriation acts required to originate in . . . . . . . . . . . . . . II 132, 132 audit of expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 bartering votes prohibited, forfeiture of office on conviction of bartering votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121,122 biennial sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63, 63 branch of legislative department. . . . . . . . . . . . . . . . . . . . . . . II 61, 61 change of place of sitting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 clerical officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 clerk of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 committees, general power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160 contingent expense committee, audit of accounts. . . . . . . . . . II 188 disorderly conduct in the contempt of... . . . . . . . . . . . . . . . . II 118, 119 how punished . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 126 disqualification, dual office holding prohibited. . . . . . . . . . . . III 92, 92 donation of its funds prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 188 enactment of bills, procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . II 139, 139, 148 expulsion of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 freedom of members in debate. . . . . . . . . . . . . . . . . . . . . . . . . . II 127, 128 immunity of representatives from arrest or liability for speeches and debates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 127, 128 impeachment by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 483 III 109 interest in contracts prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 122 item approval or disapproval, proposals of Board of Liqui- dation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . . II 212 journal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172,172 journal, cause for removal from office to be printed in. . . . . III 111, 111 judge of qualifications, election and returns of representa- ives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 legislature shall consist of senate and . . . . . . . . . . . . . . . . . . . II 61 majority consent required, proposals by Board of Liqui- dation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . II 212 maximum number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 82 member moving from parish from which elected, effect. . . . II 113 member to disclose interest in measure of bill. . . . . . . . . . . . II 150 mileage and compensation of representatives. . . . . . . . . . . . . II 187 new parishes, right to representation. . . . . . . . . . . . . . . . . . . . II 187 number of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 112, 112 limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 82 officers of, how chosen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 personal interest in bill, disclosure required. . . . . . . . . . . . . . II 150, 150 persons not members, power to punish. . . . . . . . . . . . . . . . . . . II 126, 126 maximum term of imprisonment. . . . . . . . . . . . . . . . . . . . . . II 126 power to compel attendance of members. . . . . . . . . . . . . . . . . II 130, 131 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 61, 61 punishment of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 punishment for disrespect of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 126, 126 qualifications of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 Ciliorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 130, 131 recording yeas and nays in journal. . . . . . . . . . . . . . . . . . . . . . II 143, 143, 188 rejected measures, second submission during same session, restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150, 151 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1083 Vol. IV Index © tº º tº o Part | Provisions of Present Constitution and Projet Volume Page” HOUSE OF REPRESENTATIVES, (continued) - representation in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 82, 112 representation of parishes in house. . . . . . . . . . . . . . . . . . . . . . II 82, 112 representative member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 representatives for new parishes. . . . . . . . . . . . . . . . . . . . . . . . II 187 residence of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 restrictions on adjournment. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 adjourning for more than three days, consent of senate required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 changing meeting place prohibited. . . . . . . . . . . . . . . . . . . . . . . II - 81 restrictions on reapportionment. . . . . . . . . . . . . . . . . . . . . . . . II 187 revenue measures required to originate in . . . . . . . . . . . . . . . . II 132, 132 amendment in Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132 rules of, how determined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 second submission of bills or resolutions to. . . . . . . . . . . . . . . II 150 sessions, senate may sit for impeachment when house is or - is not in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 110, 110 speaker of house, to receive copy of petition for special - session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 speaker, signature of appropriation bill, time limit. . . . . . . . II 210 Speaker required to sign bills. . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 suspension of business to read and sign bills. . . . . . . . . . . . . II 151 term of office of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 trading votes prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121, 122 forfeiture of office on conviction of trading votes. . . . . . . II 121, 122 when apportionment of representatives changed. . . . . . . . . . II 187 yea and nay vote to be entered in journal in certain cases. . II 143, 154, 154 yeas and nays, right of members to demand. . . . . . . . . . . . . . II 188 HOUSEHOLD EXEMPTIONS, tax liens excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 HOUSEHOLD FURNISHINGS, - exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 182, 182 HOUSEHOLD GOODS, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 182, 182 HOUSES, to be secure against unreasonable searches and seizures.. II 15 HUEY P. LONG, birthday declared legal holiday. . . . . . . . . . . . . . . . . . . . . . . . . II 191 HUEY P. LONG BRIDGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 760 named . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 761 HUEY P. LONG. HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 HUEY P. LONG-O. K. ALLEN BRIDGE, named . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 761 HUSBAND AND WIFE, waiver of homestead exemption. . . . . . . . . . . . . . . . . . . . . . . . II 36 HYDRO-ELECTRIC COMPANIES, becoming property of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 39 exemption from taxation, limitation. . . . . . . . . . . . . . . . . . . . . III 216 right in streams of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 39 I IBERVILLE PARISH, Greater Baton Rouge port commission. . . . . . . . . . . . . . . . . . . III 663 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1084 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” ICE FACTORIES, municipalities may own and operate ice factories. . . . . . . . . . III 3.35 ICE PLANTS, bonds for purchasing or constructing, issuance authorized III 364 IDIOT, disfranchised from voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45, 46 ILLEGAL REGISTRATION, citizens to have right to apply to have names removed from rolls, in cases of . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 IMMIGRATION, See COMMISSIONER OF AGRICULTURE AND IMMIGRATION. IMMOVABLE PROPERTY, See PROPERTY. mortgage and privilege on, must be recorded. . . . . . . . . . . . . III 205 IMMUNITIES, of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 127, 128 Special and local laws granting Special or exclusive right, privilege, or immunity, prohibited. . . . . . . . . . . . . . . . II 387, 388 IMPARTIALITY, in administration of justice prohibited. . . . . . . . . . . . . . . . . . . II 14 IMPARTIAL JURY, right of accused to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 IMPEACHED OFFICERS, to continue to perform duties. . . . . . . . . . . . . . . . . . . . . . . . . . . III 93, 93 IMPEACHMENT, See IMPEACHMENT OF OFFICERS; REMOVAL FROM OFFICE. acquittal of, not to prevent subsequent prosecution and punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 110 appointment during proceedings. . . . . . . . . . . . . . . . . . . . . . . . III 110, 110 appointment of officers to fill office until decision of . . . . . . . . III 110, 110 by house of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 483 III 110 causes for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 109 charges, suspension of governor from office during pend- ency of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 except for governor, by house of representatives. . . . . . . . . . III 110 method of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * g e e tº e º e e III 110 Senate may sit for impeachment when house is or is not in session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 110 to be tried by Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 110 vote necessary for conviction. . . . . . . . . . . . . . . . . . . . . . . . . III 110 governor prohibited from pardoning. . . . . . . . . . . . . . . . . . . . . II 463 governor’s power of clemency prohibited in cases of . . . . . . . II 463 judgment of conviction, effects of . . . . . . . . . . . . . . . . . . . . . . . . III 110, 110 not to prevent subsequent prosecution and punishment. . . . III 110 of governor, causes for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 copies of charges, forwarding of . . . . . . . . . . . . . . . . . . . . . . II 482 failure to carry out duty or obligations for thirty days, result of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 impeachment court, composition and provision for. . . . . . II 482 introduction of charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 nonperformance of duties, as cause for impeachment. . . . II 482 notice that specified duty or obligation not performed... II 482 notice of nonperformance of duty, limit of time to act after receipt of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 prima facie evidence in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1085 Vol. IV index Part | Provisions of Present Constitution and Projet º Volume IMPEACHMENT, (continued) procedure and proceedings outlined. . . . . . . • Q & e º e º te e º ºs e e II subsequent prosecution according to law permitted..... II vote necessary for conviction. . . . . . . . . . . . . . . . . . . . . . . . II proceeding suspends officer, except governor. . . . . . . . . . . II III proceedings, prima facie evidence of guilt, noted. . . . . . . . . . II public officers, acquittal, not to prevent subsequent prosecution or punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III conviction, vote necessary. . . . . . . . . . . . . . . . . . . . . . . . . . . . III judgment of conviction, effect of... . . . . . . . . . . . . . . . . . . . III provisions for, excepting governor. . . . . . . . . . . . . . . . . . . . III suspension during proceedings. . . . . . . . . . . . . . . . . . . . . . . III result of conviction of . . . . . . . . . . . . e e º & © e º e º 'º e º 'º & © tº e º e º & II III state and district officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II III vote necessary for conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . III IMPEACHMENT COURT, alternate judge on, to sit on court, but vote only upon death or incapacity of member. . . . . . . . . . . . . . . . . . . . II if even number, senior associate justice shall sit. . . . . . . . . II judges on, serve until end of trial. . . . . . . . . . . . . . . . . . . . . . II make rules and regulations and orders by members. . . . . . . II provide time and place of trial. . . . . . . . . . . . . . . . . . . . . . . . . . II shall provide its organization. . . . . . . . . . . . . . . . . . . . . . . . . . . II IMPEACHMENT OF OFFICERS, criminal prosecution subsequent to impeachment. . . . . . . . . . II governor without power to set aside. . . . . . . . . . . e e º ºs e º e º g II house of representatives prefers charges. . . . . . . . . . . . . . . . II III senate, right to sit as court of impeachment. . . . . . . . . . . . . . II III suspension from office during impeachment proceedings. . . II III trial by Senate. . . . . . . . . . . . . . . . . . . . . © & © e º e o $ tº e º 'º e º e º 'º e e II III IMPLEMENTS, agricultural, to value of five thousand dollars, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III IMPOST, constitutionality, or legality of, Supreme Court to have appellate jurisdiction in all cases. . . . . . . . . . . . . . . . . . II IMPRISONMENT, tº E * : * g ∈ e at hard labor, appellate jurisdiction of Supreme Court in case involving . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . II for disrespect, disorderly or contemptuous behavior...... II in penitentiary, as prohibition against voting. . . . . . . . . . . . III power of legislature to punish by, limitation. . . . . . . . . . . . . II where district court has jurisdiction of appeals from muni- II cipal courts from certain imprisonment and fines. . . IMPROVEMENT DISTRICTS, See PUBLIC IMPROVEMENT DISTRICTS. IMPROVEMENT PROJECT, See LAKEFRONT IMPROVEMENT PROJECT. Page” 482 482 482 483 110 482 110 110, 110 110, 110 110 110 483 110 483 109 110, 110 482 482 482 482 482 482 483 463,463 483 110, 110 483 110 483 110 483 110 176 626 629 126 45 126 702 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1086 Vol. IV tº e º º tº Index Provisions of Present Constitution and Projet Part I Volume Page” IMPROVEMENTS, See LANDs; PROPERTY. acquired for levee purposes, to be purchased at not more than assessed value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606, 606 destroyed for levee purposes, to be purchased at not more than assessed value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606, 606 used for levee purposes, to be purchased at not more than assessed value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606, 606 INCAPACITATED OFFICERS, See OFFICERS; PUBLIC OFFICIALS. retirement system for, legislature not to be denied power to provide . . . . . . . . . . . . . . . tº e e º e º & tº e o e º 0 e º e º e o 'o tº e e II 369 INCAPACITY, judges of courts of record, retirment from office because of II 583 of governor, devolution of duties in event of . . . . . . . . . . . . . II 472 INCOME TAX, amount exempt from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 authority to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 190 limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 to be for state purposes only. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 INCOMPETENCY, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 109, 109 of governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 INCORPORATED MUNICIPALITY, See MUNICIPALITY. INCORPORATION, of cities, towns, and villages, legislature to provide for . . . . III 245 INDEBTEDNESS, See CERTIFICATES OF INDEBTEDNESS; DEBT; EVIDENCES OF INDEBTEDNESS; STATE FINANCEs, INDEBTEDNESS; STATE DEBT. act proposing, to become effective upon majority vote of qualified voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 certificates of, legislature may authorize political cor- porations to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 311, 312 limit, purpose, terms and conditions of repayment to be specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 release or extinguishment of, by legislature, prohibited. . . . II 383 INDEPENDENT CANDIDATE, must file intention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76 INDICTMENT, adoption of constitution not to affect. . . . . . . . . . . . . . . . . . . . III 745 concluding phrase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 564 grand jury must concur to find an indictment. . . . . . . . . . . . II 745 in criminal cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 or information required for prosecution. . . . . . . . . . . . . . . . . II 19, 19 or presentment by grand jury required for prosecution for capital crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 INDIVIDUAL, special and local laws granting special or exclusive right, privilege, or immunity to, prohibited. . . . . . . . . . . . . . II 387 INDUSTRIAL DISTRICTS, See ZONING. board of commissioners of the port of New Orleans, power to create . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 663 continuing authority conferred. . . . . . . . . . . . . . . . . . . . . . . . . III 658 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1087 Vol. IV Index Part | Provisions of Present Constitution and Projet - Volume INDUSTRIAL DISTRICTS, (continued) legislature authorized to confer additional authority. . . . . . III municipalities and parishes authorized to zone territory into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III section declared self-operative. . . . . . . . . . . . . . . . . . . . . . . . . . III INDUSTRIAL PLANTS, agricultural products process, election by parishes. . . . . . . . III may be built by parishes and wards for processing farm and agricultural products. . . . . . . . . . . . . . . . . . . . . . . . III taxation, exemption from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III INDUSTRIAL SCHOOL FOR COLORED YOUTHS, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II INFAMY, PUBLIC, testimony may not be witheld upon the ground of self- incrimination or subjection to. . . . . . . . . . . . . . . . . . . . II INFERIOR COURTS, supervision of Supreme Court over. . . . . . . . . . . . . . . . . . . . . II Supreme Court’s power to require reports from . . . . . . . . . . II INFORMATION, See EXECUTIVE DEPARTMENT; GOVERNOR; LEGISLATURE; OFFICERS. by governor to legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II concluding phrase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II for crime or offense committed before adoption of consti- tution, not to be affected. . . . . . . . . . . . . . . . . . . . . . . . . III or indictments required in criminal cases. . . . . . . . . . . . . . . . II prosecution of offenses by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II written, may be required of any departmental officer or agency, by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II INFORMALITY, See DEEDS; WILLS. INHERITANCE, See HEIRS. prohibition against local or special laws affecting. . . . . . . . . II INHERITANCE TAXES, See TAXATION. authority to levy conferred. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III donations to charitable, religious or educational institu- tions exempted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III educational institutions, gifts to, exemption. . . . . . . . . . . . . . III limitation on amount of tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . III property subject to tax. . . . . . . . . . º º e º 'º º e e e º e º 'º º © e º e º ºs e e III rates schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III religious institutions, gifts to, exemption. . . . . . . . . . . . . . . . III INHERITANCES, taxes on, limitation on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III to be for state purpose only. . . . . . . . . . . . . . . . . . . . . . . . . . III type permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III INJUNCTION, civil service regulations, enforcement. . . . . . . . . . . . . . . . . . . . III combinations and monopolies. . . . . . . . . . . . . . . . . . . . . . . . . . . II orders of public service commission temporary. . . . . . . . . . . . II restraining collection of taxes. . . . . . . . . . . . ... • . . . . . . . . . . . . III temporary injunctions, public service commission orders... II INJURIES, tº ºi & civil suit for physical, inapplicability of Supreme Court appellate jurisdiction in certain cases involving. . . . II Page” 663 324 658 360 360 232 531 22 615, 616 570 452 564 745 19, 19 19, 19 459 388 189, 190 189, 190 189, 190 189, 190 190 190 189, 190 189, 190 189, 190 189, 190 529 40 398 202 398 619 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1088 Vol. IV tº º e e & Inde Provisions of Present Constitution and Projet gº; Volume Page” INJURY, C. adequate remedy by due process, for injury to rights, lands, goods, person or reputation. . . . . . . . . . . . . . . . . . . . . . . II 14 INMATES, See PENAL INSTITUTIONS. INSANE PERSONS, See INTERDICTS; STATE ASYLUMS. prohibited from voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45, 46 prohibition against registering to vote. . . . . . . . . . . . . . . . . . . III 45, 46 INSANITY, as disfranchisement to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45, 46 as prohibition against registering to vote. . . . . . . . . . . . . . . . III 45, 46 INSPECTION, of records, documents, papers, by citizens, available at reasonable times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 492 INSTITUTIONS, See CHARITY; STATE INSTITUTIONS; EDUCATIONAL INSTITU- TIONS: CHARITABLE INSTITUTIONS. charitable, religious, or educational, donations and legacies tax exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 for destitute and incapacitated persons, See CHARITABLE INSTITUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 361 public moneys for inclusion in general appropriation bill.. II 206 INSTITUTIONS, CHARITABLE, See CHARITABLE INSTITUTIONS. INSTITUTIONS OF HIGHER LEARNING, See EDUCATION; STATE BOARD OF CONTROL OF STATE COL- LEGES; TULANE UNIVERSITY OF LOUISIANA. II 336 agreements with other state governments, relative to their agencies, public or private institutions of higher learning, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336 duties of State Board of Control of State Colleges. . . . . . . . III 425 supported by public funds, part of state educational system III 419,419 Tulane University of Louisiana, to be developed in accord- ance with law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 488, 488 INSTITUTIONS PLANNING ADVISORY COUNCIL. . . . . II 531 INSURANCE, See SECRETARY OF STATE. department attached to office of secretary of state. . . . . . . II 444 legislature's duty to make appropriations for expenses I 444 of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I may be severed from office of secretary of state. . . . . . . . II 444 INSURANCE COMPANIES, life, legal reserve of, exempt from taxation. . . . . . . . . . . . . III 180, 180 loans granted by, to policyholders, exempt from taxation. . III 179, 179 INSURANCE EXCISE LICENSE TAX, e dedicated to Louisiana State University and Agricultural and Mechanical College. . . . . . . . . . . . . . . . . . . . . . . . . . II 3.18 proceeds appropriated to LSU. . . . . . . . . . . . . . . . . . . . . . . . . . II 318 INSURRECTION, authority of legislature to incur indebtedness for suppres– Sion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343, 344 governor may call armed forces to suppress. . . . . . . . . . . . . . II 453, 453 suppression of, indebtedness incurred in three-fourths vote of legislature not required. . . . . . . . . . . . . . . . . . . . . . . II 343 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1089 Vol. IV Ind tº º ſº wº e #.” Provisions of Present Constitution and Projet Volume INTERDICTED PERSON, disfranchised from voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III prohibited from registering to vote. . . . . . . . . . . . . . . . . . . . . III INTERDICTION, suits for, Supreme Court appellate jurisdiction in . . . . . . . . II INTERDICTION PROCEEDINGS, appellate jurisdiction of Supreme Court. . . . . . . . . . . . . . . . . II INTERDICTS, See INSANE PERSONs. curatorship of, suits involving, appellate jurisdiction of Supreme Court in... A. . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against local or special laws affecting estates II OT • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . their funds may be invested in certain securities by their curators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV INTEREST, See Bonds; DEBTs; STATE Bond AND INTEREST TAX FUND. appropriation for interest on state debt. . . . . . . . . . . . . . . . . II bonds issued by board of commissioners of Port of New Orleans, payment of interest. . . . . . . . . . . . . . . . . . . . . III bonds issued by political subdivision, interest rate. . . . . . . . III of legislator preventing his voting. . . . . . . . . . . . . . . ... . . . . . . II of officers in contracts for supplies for state prohibited. . . . II prohibition against local and special laws fixing rate of . . . II state debt to educational fund, interest rate. . . . . . . . . . . . . . III INTERSTATE RELATIONS, levee districts, authority to create interstate districts. . . . . III INTERURBAN RAILROADS, public service commission, powers over. . . . . . . . . . . . . . . . . . II INTOXICATING LIQUORS, levying license tax by parishes and municipalities. . . . . . . . III INTOXICATION, habitual, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . III INTRODUCTION OF BILLS, limiting time for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II INVALID ACTS, prohibition against local or special laws legalizing. . . . . . . . II INVALIDITY, See ACTS; AGENTS; DEEDS; EMPLOYEES; MUNICIPALITIES; OFFICERS; PARISHES; SERVANTs; WILLS. INVASION, authority of legislature to incur debt to repel. . . . . . . . . . . . II governor may call armed forces to repel. . . . . . . . . . . . . . . . II habeas corpus, suspension of writ on account of . . . . . . . . . . II repelling of, indebtedness incurred to, three-fourths vote of legislature not required. . . . . . . . . . . . . . . . . . . . . . . . . . II INVESTIGATIONS, See LEGISLATURE. courts, Supreme Court’s power to investigate. . . . . . . . . . . . II legislative committees empowered to make effective. . . . . . . II of elections, proceedings for, withholding testimony upon ground of self-incrimination, prohibited. . . . . . . . . . . II INVESTING, of funds, credit, or property, to person, association, or corporation, state prohibited. . . . . . . . . . . . . . . . . . . . . . II Page” 45, 46 45, 46 625, 625 625, 625 625 387, 388 343, 347 206 647 385 150, 150 122 387, 388 472 601, 602 398 190 109, 109,482 63, 63 387, 388 343, 344 453, 453 26, 26 343 570, 570 160, 160 22 354 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1090 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” IRRIGATION, donations and conveyances by state and its agencies, po- litical corporations and subdivisions to United States for irrigation districts permitted. . . . . . . . . . . . . . . . . . II 362 IRRIGATION COMPANIES, becoming property of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 39 exemption from taxation, limitation. . . . . . . . . . . . . . . . . . . . . III 216 rights in streams of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 39 IRRIGATION DISTRICTS, acreage tax, right to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 375 bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e III 364 debts, power to incur. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 364, 370 forced contributions, right to levy. . . . . . . . . . . . . . . . . . . . . . . III 375 indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 364, 370 issuance and sale of bonds, terms and conditions. . . . . . . . . III 387 legislative authority to levy tax to pay bonds. . . . . . . . . . . . III 385 legislature may authorize. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 370 limitations and restrictions on indebtedness and bond issues III 375 do not apply to bonds issued under 14 (k) as to refunding bonds . . . . . . . . . © e º 'º - e. e. e. e. e. e. e º ºs e º e º e º 'º e º ºs e º is e º e º 'º III 386 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . . III 385 may incur debt and issue bonds. . . . . . . . . . . . . . . . . . . . . . . . III 364 parishes, assumption of debts of district. . . . . . . . . . . . . . . . . III 386 power to compel levy of tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 385 tax levy for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . III 364 ISAAC DELGADO TRADE SCHOOL, funds provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 461 ITEM VETO, appropriation bill, power of governor to veto items. . . . . . . II 157, 157 ITEMS, See APPROPRIATIONS. J JAILS, See CADDO PARISH ; PRISONS; PENAL INSTITUTIONS. JAPANESE, ownership of land prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . II 41 JEFFERSON PARISH, appeals, returnable to court of appeal, Orleans Parish. . . . II 645, 658 community center and playgrounds districts in—may issue bonds for certain purposes. . . . . . . . . . . . . . . . . . . . . . . III 3.96 consolidated drainage districts, bond issue. . . . . . . . . . . . . . . III 409 fourth Jefferson drainage district may issue bonds. . . . . . . III 396 public improvement districts. . . . . . . . . . . . . . . . . . . . . . . . . . . III 398 bond issues authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 398 political Subdivision of state. . . . . . . . . . . . . . . . . . . . . . . . . . III 398 Pontchartrain and Lafourche Basin Levee Districts un- affected, agreements with improvement districts. . . . III 398, 401 purpose of districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 398 reclamation projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 398 acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 398, 400 bond issues, limitation, validity. . . . . . . . . . . . . . . . . . . . . III 398, 404 bond issues, mortgage or pledge of property. . . . . . . . . . III 398, 403 contracts for construction. . . . . . . . . . . . . . . . . . . . . . . & © tº III 398, 401 expropriation of property. . . . . . . . . . . . . . . . . . . . . . . . . . III 398, 401 front development line, rights beyond line. . . . . . . . . . . III 398, 401 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1091 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume JEFFERSON PARISH, (continued) parks and recreational facilities authorized. . . . . . . . . . III provisions self-executing . . . . . . . . . . . . . . . . . . . . . . . . . . III public utilities, contracts of district. . . . . . . . . . . . . . . . . III reclaimed land, title and powers of disposition. . . . . . . . III JEOPARDY, double, prohibited, exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . II JETTIES, Board of Levee Commissioners of Orleans Levee District empowered to locate, construct, maintain. . . . . . . . . . III JOINT SESSIONS, legislature, to elect from two highest candidates, executive officer, in tie situation. . . . . . . . . . . . . . . . . . . . . . . . . . . JOINT STOCK COMPANIES, included in term “corporation”. . . . . . . . . . . . . . . . . . . . . . . . . JONESBORO CHARITY HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . JOURNAL, See HousB OF REPRESENTATIVES; OFFICIAL Journ AL; SEN- ATE. constitutional amendments, proposed, when entered in journal of each house. . . . . . . . . . . . . . . . . . . . . . . . . . . . vote by legislature to be entered in journal of each house House of Representatives, duty to keep. . . . . . . . . . . . . . . . . . preservation and publication. . . . . . . . . . . . . . . . . . . . . . . . . recording signing of bills in . . . . . . . . . . . . . . . . . . . . . . . . . . how votes recorded on amendments to bills. . . . . . . . . . . . . . legislative proceedings, original preserved in office of sec- retary of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . official, publication of Acts in. . . . . . . . . . . . . . . . . . . . . . . . record of votes on final passage required. . . . . . . . . . . . . . . . recording yeas and nays in journals of houses of legisla- ture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Senate and House of Representatives. . . . . . . . . . . . . . . . . . . . Senate, duty to keep. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . preservation and publication. . . . . . . . . . . . . . . . . . . . . . . . . recording signing of bills in. . . . . . . . . . . . . . . . . . . . . . . . . . JUDGES, See CITY COURTS; COURTS; COURTS OF APPEAL; CRIMINAL DISTRICT COURT; SUPREME COURT. alternate on impeachment court, to vote only upon death or incapacity of member. . . . . . . . . . . . . . . . . . . . . . . . . civil district court member. . . . . . . . . . . . . . . . . . . . . . . . . . . . compensation of, while serving in new assignment. . . . . . . . conservators of peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . courts of record, age of retirement. . . . . . . . . . . . . . . . . . . . . . compulsory retirement due to physical or mental in- capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . contribution to political party or organization, limita- tion on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . jurisdiction not to be changed. . . . . . . . . . . . . . . . . . . . . . . . not subject to recall election. . . . . . . . . . . . . . . . . . . . . . . . . . requirements for retirement. . . . . . . . . . . . . . . . . . . . . . . . . . term not to be changed during tenure. . . . . . . . . . . . . . . . . territorial jurisdiction not to be changed during tenure. . courts other than municipal, selection and term of office of upon adoption of constitution. . . . . . . . . . . . . . . . . . II II II II II II III II II II III Page” 398, 399 398, 405 398, 400 398, 401 19, 19 611 442 40 531 691 691 172 172 151, 152 143 172 163 148 139, 143, 143, 188 74 172, 172 172, 172 151, 152 482 691 570 553, 564 583 583 786 559 119 583 559 559 745 - * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1092 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” criminal district court, Orleans, number. . . . . . . . . . . . . . . . II 691 disqualifications, physical or mental incapacity. . . . . . . . . . II 583 upon judgment of conviction in impeachment. . . . . . . . . . III 110 district courts, elected at congressional election. . . . . . . . . . II 660 methods of filling vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 III 59 to serve ex officio judges of domestic relations court where not provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 domestic relations courts, election of . . . . . . . . . . . . . . . . . . . . II 729 election to determine manner of selection. . . . . . . . . . . . . . II 729 qualification of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 term of office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 duty to file certificate of disability with governor and sec- retary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 duty to notify governor and secretary of state of retire- ment at eighty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 election, parish of Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 79.2 end of term shall not interrupt service on an impeachment tº court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 issuance of commission to, by secretary of state, upon fail- © ure of governor to appoint. . . . . . . . . . . . . . . . . . . . . . II 770 issuance of writs of habeas corpus by judges, require- ments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580 judicial districts, number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 664, 691 judicial functions only exercised. . . . . . . . . . . . . . . . . . . . . . . . II 565, 565 jurisdiction unaffected by change in law during term. . . . . II 559 municipal court for the city of New Orleans, effect of con- stitution on term and selection. . . . . . . . . . . . . . . . . . . . III 745 present judges may be selected for municipal court. . . . . III 745 municipal courts, where judges permitted to practice law. . II 565 non-political selection of, provision relating thereto. . . . . . II 770 not to practice law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 565, 565 of courts of appeal circuit, number of . . . . . . . . . . . . . . . . . . II 642 of district courts, qualification of . . . . . . . . . . . . . . . . . . . . . . II 660 term of office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 660 of municipal courts, qualifications of . . . . . . . . . . . . . . . . . . . . II 706 payment when retired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 practice of law prohibited, exception. . . . . . . . . . . . . . . . . . . . II 565 presiding, domestic relations courts, charge to jury as to law applicable to law in criminal cases, requirement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 presiding judge, recommendation to governor concerning granting of clemency. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463 previous practice of law as qualification. . . . . . . . . . . . . . . . II 590, 593, 639, 640, 660, 661 qualifications for retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 question of retention in office, election to determine, pro- visions relating thereto. . . . . . . . . . . . . . . . . . . . . . . . . . II 770 reasons on which definitive judgment founded given. . . . . . II 564 receipt of fees as compensation prohibited. . . . . . . . . . . . . . . II 581 recused cases, district courts. . . . . . . . . . . . . . . . . . . . . . . . .—- II 790 removal from office, courts of record. . . . . . . . . . . . . . . . . . . . III 114 removal of, upon judgment of conviction in impeachment.. III 110 retirement of, at full pay, requirements for. . . . . . . . . . . . . . II 583 right to issue writ of habeas corpus. . . . . . . . . . . . . . . . . . . . II 580, 580 retirement pay to continue for remainder of life. . . . . . . . . . II 583, 583 salary not to be affected by change in law during term. . . II 559 selection of, provisions for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1093 Vol. IV Index © e c tº º Part I Provisions of Present Constitution and Projet e Volume Page” JUDGES, (continued) suit for removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113, 113, 114, 114 Supreme Court, qualifications of... . . . . . . . . . . . . . . . . . . . . II 590 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 590 Supreme Court to have exclusive original jurisdiction over proceedings to remove. . . . . . . . . . . . . . . . . . . . . . . . . . . II 616, 616 term as justice or judge included. . . . . . . . . . . . . . . . . . . . . . II 590, 640, 661 term not to be affected by change in law. . . . . . . . . . . . . . . . II 559 term of office, salary or jurisdiction as to amount not to be changed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 559 term served on bench to be counted as years of practice in determining qualification of . . . . . . . . . . . . . . . . . . . . . . II 590, 593, 639, 640, 660, 661 to file declaration of candidacy for election to succeed him- self, to secretary of state. . . . . . . . . . . . . . . . . . . . . . . . II 770 to perform no function except such as are judicial. . . . . . . . II 565, 565 to refer to law and adduce reasons for definitive judgments in all courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 564 transference of, with necessary qualifications. . . . . . . . . . . . II 570 unexpired term of less than one year. . . . . . . . . . . . . . . . . . . . III 59 unexpired term of more than one year. . . . . . . . . . . . . . . . . . III 59 vacancy in office, provisions for selection. . . . . . . . . . . . . . . . II 770 upon rejection at polls on question of retention in office. . II 770 When may retire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 581, 583 when retired because of incapacity. . . . . . . . . . . . . . . . . . . . . . II 581, 583 JUDGES AD HOC, authority of court of appeal to appoint. . . . . . . . . . . . . . . . . . II 640 JUDGMENT, against the state, effect of, provided by legislature. . . . . . . . II 172, 174 annulling tax sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 capital offense, bail allowed pending appeal until final. . . . . II 24 clerks of district courts empowered to render and sign, by default or confession, in certain cases. . . . . . . . . . . . . II 701, 702 confession of judgment, maturity of obligation required. . . . II 563, 563 courts of appeal, when exemptory, notice required. . . . . . . . II 655 number of judges required to concur. . . . . . . . . . . . . . . . . II 639, 640 district courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 790 duty to give reasons on request. . . . . . . . . . . . . . . . . . . . . . II 790 finding of fact, duty to make on request. . . . . . . . . . . . . . II 790 enforcement of, special and local laws changing methods of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 felony cases, bail allowed pending appeal until final. . . . . . II 24 for recovery of costs and attorney fees in removal from office cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 motion in arrest of, prohibition against double jeopardy inapplicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 not to be confessed prior to maturity of obligation sued upon, exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563 of conviction in impeachment, effects of . . . . . . . . . . . . . . . . . . III 110, 110 prohibition against local or special laws regarding enforce- ment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388, 555 reconventional demands, appeal from judgment on. . . . . . . . II 564, 564 JUDICIAL COMMISSIONS, circuit court of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 district court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e. e. II 770 district domestic relations court. . . . . . . . . o e º e º e º e º 'º - e o e C. II 770 duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 members, qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1094 Vol. IV Provisions of Present Constitution and Projet º Volume Page” remunerative public office holding prohibited. . . . . . . . . . . II 770 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 to receive no salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 to receive travel and other expenses. . . . . . . . . . . . . . . . . . II 770 membership on, concurrent membership permitted. . . . . . . . II 770 immediate succession prohibited. . . . . . . . . . . . . . . . . . . . . . II 770 remunerative public office holding prohibited. . . . . . . . . . II 770 non-political, establishment of... . . . . . . . . . . . . . . . . . . . . . . . II 770 organization of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 Supreme Court to regulate under its rules. . . . . . . . . . . . . . . II 770 JUDICIAL DEPARTMENT, encroachment of one department on another prohibited. . . . II 51 JUDICIAL DISTRICT, district attorney for each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 754 number of judges in each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 668, 670, 673, 691 circuit courts of appeal. . . . . . . . . . . . . . tº º e e º e º © C & © tº º e º 'º tº II 643, 643 Courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 642 district attorneys, one for each district. . . . . . . . . . . . . . . . . II 754 district courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 664, 665 election of district attorney. . . . . . . . . . . . . . . . . . . . . . . . . . II 754, 754 number of judges in each district, legislature’s power to change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 691 enumeration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 668, 670, 673 legislative power concerning. . . . . . . . . . . . . . . . . . . . . . . . . . . II 754 may be changed by legislature. . . . . . . . . . . . . . . . . . . . . . . . . II 691 Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 598, 599 thirty in number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 664 JUDICIAL DISTRICT COURT COMMISSION, function and composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 JUDICIAL EXPENSE FluſND additional salary of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 678 additional salary of judges for managing fund. . . . . . . . . . II 677 annual report of condition of fund. . . . . . . . . . . . . . . . . . . . . . II 677 contributions to pension or retirement fund. . . . . . . . . . . . . II 678 fees and costs, power of civil district court to fix. . . . . . . . . II 677, 678 fees paid into fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 677 payment of salaries from fund. . . . . . . . . . . . . . . . . . . . . . . . . . II 677 of parish of Orleans, how constituted. . . . . . . . . . . . . . . . . . . . II 677 how expended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 677 under control of judges of civil district court for parish of Orleans . . . . . . . . . . . . . & e º 'º e º e º ſº º ºs º ºs e º 'º º e º ſº tº º & tº II 677 JUDICIAL OFFICERS, parish of Orleans, qualification of . . . . . . . . . . . . . . . . . . . . . . II 791 JUDICIAL POWER, where vested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553, 553 JUDICIAL REVIEW, civil service removal and disciplinary cases to be subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 588 reapportionment subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 JUDICIAL SALES, homestead exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35, 36 notice of intention, publication of, in same manner as . . . . II 384 prescribing the effects of, special and local laws changing methods of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388, 555 city courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1095 Vol. IV Index e Q ſº tº º Part I Provisions of Present Constitution and Projet Volume JUDICIAL SALES, (continued) to remain the same until legislature creates municipal courts under constitution. . . . . . . . . . . . . . . . . . . . . . . . III civil district courts, Orleans Parish. . . . . . . . . . . . . . . . . . . . II parish of Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II criminal district courts, Orleans Parish. . . . . . . . . . . . . . . . . II district courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appellate jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II civil jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II concurrent jurisdiction with justices of peace. . . . . . . . . . II criminal jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II JUDICIARY DEPARTMENT, See ATTORNEY GENERAL; CITY COURTS; CIVIL DISTRICT COURT; COURTS OF APPEAL; CRIMINAL DISTRICT COURT; DISTRICT ATTORNEYS; DISTRICT COURTS; JUDGES; MUNICIPAL COURTs; PARISH OF ORLEANS; SUPREME COURT. department of justice, members of . . . . . . . . . . . . . . . . . . . . . . If judges, conservators of peace. . . . . . . . . . . . . . . . . . . . . . . ... • * * II judges not to practice law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judges of courts of record, term not to be changed during tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II territorial jurisdiction not to be changed during tenure. II judge or officer of, receipt of fees as compensation for Services, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judges to exercise judicial functions only . . . . . . . . . . . . . . . . II exceptions, courts not of record, city courts. . . . . . . . . . . . II municipal courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judicial power, courts in which vested. . . . . . . . . . . . . . . . . . II prosecutions carried on in name of state. . . . . . . . . . . . . . . . II JUNIOR COLLEGES, state, state board of control of state colleges to supervise. . III JURIES, See TRIAL; JURY. capital offenses, number, unanimous verdict required. . . . . II challenge of jurors, number of peremptory charges allowed II civil and criminal cases, capital cases, jury of twelve, all to concur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II crimes punishable at hard labor, jury of five. . . . . . . . . . II jury judges of law and facts, criminal cases. . . . . . . . . . . II punishment necessarily at hard labor, jury of twelve, nine to concur. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II grand jury, empaneling in parishes. . . . . . . . . . . . . . . . . . . . . II number comprising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II number required to concur in indictment. . . . . . . . . . . . . . II JURISDICTION, See JUSTICE OF PEACE. domestic relations courts, to be same as juvenile courts unless changed by legislature. . . . . . . . . . . . . . . . . . . . III first city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . II justice of peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II juvenile courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II municipal courts, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . II prohibition against local or special laws regulating juris- diction of courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 745 693, 695 565,657 696 693,694 702, 703 694 704 694 745, 746 564 565, 565 565, 565 559 559 581 565, 565 565 565 553, 553 564 425 740 21, 21 739, 740 740 740 740 745 745 745 745 710 706 730 731 714 387, 388, 555 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1096 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” recorder's court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . II 71.4 Second city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . II 713 Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619-629, 616-638 territorial, of courts of record, not to be changed during tenure of judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _e s II 210, 559 JURORS, See TRIAL; JURY. civil and criminal cases, domestic relations courts, selection and drawing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 legislature to provide for election and drawing. . . . . . . . . . II 739, 740 right of accused to peremptory challenge of . . . . . . . . . . . . . . II 21, 21 women to be selected only under certain conditions. . . . . . . II 740 JURY, See TRIAL. charge to, by presiding judge, domestic relations courts, as to law applicable to criminal cases, requirement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 concurrence necessary for conviction in certain cases. . . . . II 739, 740 composition for trial of criminal cases. . . . . . . . . . . . . . . . . . II 739, 740 criminal trial without. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 741 grand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 745 necessity of indictment or presentment by, in capital CaSeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 to be empanelled twice each year in parishes. . . . . . . . . . . II 745 of less than twelve, criminal trial by . . . . . . . . . . . . . . . . . . . II 74.1 right of accused to impartial. . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 right of accused to peremptory challenge jurors. . . . . . . . . II 21, 21 to be judges of law and facts in criminal cases. . . . . . . . . . II 739, 740 trial by, in cases where punishment is by hard labor. . . . . . II 739 in cases where punishment may be capital, provision for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 in civil and criminal cases in domestic relations courts, provisions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 JURY TRIALS, action to enforce right to register. . . . . . . . . . . . . . . . . . . . . . III 50, 50 criminal prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19, 739 jury of less than twelve, when proper. . . . . . . . . . . . . . . . . . II 739, 741 number of peremptorily challenges of jurors by accused to be fixed by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21, 21 purging registration list. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 JUST COMPENSATION, expropriation of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 JUSTICE, administration of, Supreme Court to make general rules and regulations to promote. . . . . . . . . . . . . . . . . . . . . . . II 570 administration without partiality or unreasonable delay. . II 14, 14 civil and criminal cases, changing of venue, special and local laws affecting, prohibited. . . . . . . . . . . . . . . . . . . II 387 denial of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 department of, composition of . . . . . . . . . . . . . . . . . . . . . . . . . . II 745 end of government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7, 7 for injury done to rights, lands, goods, person or reputa- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 partiality in administration. . . . . . . . . . . . . . . . . . . . . . . . . . *—" II 14, 14 purpose of government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7, 7 right to have remedy by due process of law. . . . . . . . . . . . . . II 14, 14 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1097 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume Page” JUSTICE, (continued) age Special and local laws affecting jurisdiction, rules of evi- . .dence, judgments, or judicial sales, prohibited. . . . . . II 387 Special and local laws concerning civil or criminal action, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 unreasonable delay in administration of . . . . . . . . . . . . . . . . . II 14, 14 JUSTICE OF PEACE appeal of judgment to district court. . . . . . . . . . . . . . . . . . . . II 703 bail, power to take. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 civil jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 committing magistrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 concurrent jurisdiction with district courts. . . . . . . . . . . . . . II 704, 706 legislature to provide procedure. . . . . . . . . . . . . . . . . . . . . . II 704 criminal jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 division of parishes into justice of peace wards. . . . . . . . . . II 706 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 fees in civil cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 581 fees regulated by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . II 582 jurisdiction in civil matters in criminal matters. . . . . . . . . . II 706 number of, may be reduced by legislature. . . . . . . . . . . . . . . II 706 office of, may be abolished by legislature. . . . . . . . . . . . . . . . II 706, 707 payment of compensation from fees. . . . . . . . . . . . . . . . . . . . II 582 power to abolish office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706, 707 in cities of more than 5,000. . . . . . . . . . . . . . . . . . . . . . . . . . II 707 in parish seat towns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 707 power to change justice of peace wards. . . . . . . . . . . . . . . . . . II 706 probate matters, jurisdiction restricted. . . . . . . . . . . . . . . . . . II 706 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 salary to be fixed by police jury and paid by parish. . . . . . II 581 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 title to realty involved, justice without jurisdiction. . . . . . . . II 706 to be elected from wards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 wards, parishes may be divided into. . . . . . . . . . . . . . . . . . . . II 706 to remain as now fixed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 JUSTICE OF PEACE COURTS, abolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 708 JUVENILE COURT, adoption proceedings, jurisdiction. . . . . . . . . . . . . . . . . . . . . . II 730 affidavit instead of indictment or information authorized. . II 730 appeal from, to be upon matters of law and fact in cases of care, custody or control of children. . . . . . . . . . . . II 629, 637 to Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 629, 637 appeal on law only in all other cases. . . . . . . . . . . . . . . . . . . II 629, 637 Caddo Parish, judge of. . . . . . . . . . . . . . . . . . . . . . . . . . . & & © g a II 730 city courts, juvenile court jurisdiction. . . . . . . . . . . . . . . . . . II 730 city judge to be ex-officio judge of . . . . . . . . . . . . . . . . . . . . . . II 730 creation of, in every parish or group of parishes. . . . . . . . . . II 730 district clerk to be ex-officio clerk of... . . . . . . . . . . . . . . . . . II 730 district judges to be judges of . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 judge of, powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 legislature to prescribe method of procedure in . . . . . . . . . . . II 730 legislature to provide for payment of expenses. . . . . . . . . . II 730 legislature to provide necessary officers. . . . . . . . . . . . . . . . . . II 730 may hold sessions in chambers. . . . . . . . . . . . . . . . . . . . . . . . . II 730 may hold sessions irrespective of terms of court. . . . . . . . . . II 730 neglected or delinquent children, jurisdiction over. . . . . . . . II 730 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1098 Vol. IV tº e tº e s º e Ind Provisions of Present Constitution and Projet E.” Volume Page” Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570, 630, 637, 731, 774 persons charged with violation of laws for protection of children, jurisdiction over. . . . . . . . . . . . . . . . . . . . . . . . II 730 power to sit in chambers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 procedure, officers to remain same until legislative action. . II 730 records kept separately. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 salary of judge of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 salary of city judge, ex-officio judge of . . . . . . . . . . . . . . . . . . II 730 Sessions and records to be separate and apart from city court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 730 JUVENILE COURT FOR PARISH OF ORLEANS, See JUVENILE COURT OF ORLEANS. adoption cases appealable to Supreme Court. . . . . . . . . . . . . . II 630, 637 governor to appoint first judge to fill additional judgeship. II 731 judges, how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 731, 774 jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 731 salary of judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 731 term of office of judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 731 When term expires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 79.2 lawyer may be appointed to act as judge by Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 manner of prosecution in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 731 JUVENILE COURT OF CADDO, adoption of constitution, effect upon. . . . . . . . . . . . . . . . . . . . III 745 JUVENILE COURT OF ORLEANS, adoption of constitution, effect upon. . . . . . . . . . . . . . . . . . . . III 745 K KEEP ARMS, right of people to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 KEROSENE, See TAXATION. parishes or municipalities prohibited from taxing. . . . . . . . III 278 KINDERGARTENS, right to establish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 419 KOREAN WAR VETERANS, homestead exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 147 preferences in appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 520 L LABOR, law fixing price of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II 394 minimum wages and regulation of hours of work of women and girls, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394 regulation of, special and local laws on, prohibited. . . . . . . II 387 LABOR AND INDUSTRY, See WAGES. hours of labor and working conditions, power to regulate. . II 394, 394 minimum wage laws, power to enact. . . . . . . . . . . . . . . . . . . . II 394, 394 prohibition against laws fixing price of manual labor. . . . . II 394 prohibition against local or special laws regulating. . . . . . . . II 387, 388 regulation of wages, etc., of women and girls. . . . . . . . . . . . II 394, 394 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1099 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume Page” LABORERS, occupational license tax not to be levied. . . . . . . . . . . . . . . . . . III 189, 190 LAFOURCHE BASIN LEVEE DISTRICTS, agreement with Jefferson Parish public improvement dis- trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 398, 401 LAFOURCHE PARISH, Bayou Lafourche fresh water district. . . . . . . . . . . . . . . . . . . III 441 LAKE CHARLES, development and reclamation of Lake Charles, acquisition of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 405 bond issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 405 improvements to bed and shore of lake. . . . . . . . . . . . . . . . III 405 powers of commission council. . . . . . . . . . . . . . . . . . . . . . . . III 405 property used for hotel purposes. . . . . . . . . . . . . . . . . . . . . III 405 public beaches, parks and streets. . . . . . . . . . . . . . . . . . . . . III 405 municipality of, to be treated as parish for school tax purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 LAKE CHARLES HARBOR AND TERMINAL DISTRICT, proceeds from Motor Fuel Tax. . . . . . . . . . . . . . . . . . . . . . . . . II 299 ratification of act creating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392, 393, 668 LAKEFRONT IMPROVEMENT PROJECT, - area to be reserved and dedicated, provisions relating to... III 611 Board of Levee Commissioners of Orleans Levee District to have powers granted for. . . . . . . . . . . . . . . . . . . . . . III 611 dedication of 30% of area for parks, playgrounds. . . . . . . . III 611 indebtedness to carry out, how authorized. . . . . . . . . . . . . . . III 611 LAKE PONTCHARTRAIN, Board of Levee Commissioners of the Orleans District, powers in relation to . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 frontage, reservation and dedication for playground pur- p0SeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 governor's authority to sell land under. . . . . . . . . . . . . . . . . . II 531 powers of board of levee commissioners. . . . . . . . . . . . . . . . . . III 613 sale of state lands authorized. . . . . . . . . . . . . . . . . . . . . . . . . . II 531 seawalls and other improvements, power to construct. . . . . III 613 LAKE PONTCHARTRAIN SANITARY DISTRICT, attorney general made legal adviser. . . . . . . . . . . . . . . . . . . . III 670 chairman, governing board, how determined. . . . . . . . . . . . . III 670 created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 670 governing board, how composed. . . . . . . . . . . . . . . . . . . . . . . . III 670 meeting of board, how called. . . . . . . . . . . . . . . . . . . . . . . . . III 670 members, how appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 670 vacancy in, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 670 legislature may confer additional powers on. . . . . . . . . . . . . III 670 power and duties of governing board. . . . . . . . . . . . . . . . . . . . III 670 power to adopt regulations preventing pollution of lake... III 670 report to governor and legislature. . . . . . . . . . . . . . . . . . . . . . III 670 LAKES, See NAVIGABLE WATERS. LALLIE KEMP CHARITY HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 LANDING FIELDS, See AVIATION. LAND OFFICE, See REGISTER OF THE STATE LAND OFFICE. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1100 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” LAND USE, provision authorizing zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . III 324 LANDS, See PROPERTY; PUBLIC LANDs; RECLAIMED LAND; REGISTER OF THE STATE LAND OFFICE. acquired for levee purposes, to be purchased at not more than assessed value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606 destroyed for levee purposes, to be purchased at not more than assessed value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606 donations and conveyances of lands by the state and its agencies, political corporations and subdivisions to United States permitted. . . . . . . . . . . . . . . . . . . e e º e º e II 362, 362 for injury done to, adequate remedy by due process of law and justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 right to legal protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 sold by the state, mineral rights shall be reserved. . . . . . . . II 351 LAW, applicable to fewer than five municipalities, effect of... . . III 266 appropriation, money to be drawn from treasury only in pursuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 disbarment from practicing, upon judgment of conviction in impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 110 due process of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 general, legislature to provide for incorporation of cities, towns and villages by. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 legislature to provide method of adoption of home rule charter by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 local, municipal charter may not be changed by, exceptions III 245 practice of, by judges prohibited, exception noted. . . . . . . . II 565 registration to vote in accordance with. . . . . . . . . . . . . . . . . . III 17 requirements for passage of bills into. . . . . . . . . . . . . . . . . . . . II 148 right to due process of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 sale, redemption, payment and retirement of state securities not to be inconsistent with. . . . . . . . . . . . . . . . . . . . . . . II 493 special, municipal charter may not be changed by, excep- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 special and local, notice of intention, manner, content, place and date of publication, requirements noted. . . . . . . . II 384 LAW OF DESCENT OR SUCCESSION, special and local laws changing, prohibited. . . . . . . . . . . . . . II 387 LAWS, See ACTS; BILLS; CODES; EMERGENCY; Ex POST FACTO LAWS; GENERAL APPROPRIATION ACT; LOCAL LAW; SCHEDULE; SPECIAL LAWS; STATUTES. act becoming law without governor's signature, fact noted. II 161, 163 abolishing forced heirship prohibited. . . . . . . . . . . . . . . . . . . . II 4.17 adoption of system or code of laws, by general reference prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169 amendment by reference to title prohibited. . . . . . . . . . . . . . II 165, 165 approval by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 154, 163 authorizing substitutions, fidei commissa, or trusts pro- hibited with exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . II 417 bills becoming law for failure of governor to veto or ap- proVe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 154, 163 books of acts of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . • * II 161, 169 code of, how enacted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 169, 170 code of system of laws, restriction on adoption. . . . . . . . . . II 169, 169 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1101 Vol. IV index Part | Provisions of Present Constitution and Projet LAWS, (continued) conditioned on amendment of constitution, right to enact.. constitutional, to remain in force upon adoption of con- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . date of approval given. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . date passed over governor's veto given. . . . . . . . . . . . . . . . . . declared unconstitutional, appellate jurisdiction of Supreme Court in cases of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . deposited with secretary of state. . . . . . . . . . . . . . . . . . . . . . . duty of governor to execute. . . . . . . . . . . . . . . . . . . . . . . . . . . . each law limited to one object. . . . . . . . . . . . . . . . . . . . . . . . . . effect may only be suspended by legislature. . . . . . . . . . . . . . effective date of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p * * effective date of emergency acts. . . . . . . . . . . . . . . . . . . . . . . . election, criminal trial under, person may be compelled to testify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº gº tº e º 'º enacting clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fixing price of labor, prohibited. . . . . . . . . . . . . . . . . . . . . . . . general, indirect enactment of special and local laws by repeal of general law, prohibited. . . . . . . . . . . . . . . . . partial repeal of, indirect enactment of special or local laws by, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . relating to courts of same jurisdiction, to be uniform. . . governor may call armed forces to execute. . . . . . . . . . . . . . governor Supervises execution. . . . . . . . . . . . . . . . . . . . . . . . . . governor has power to veto items of appropriation bills. . . how enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . impairing obligation of contracts prohibited. . . . . . . . . . . . . methods of enacting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . methods of revival. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oath of office, affirmation to support. . . . . . . . . . . . . . . . . . . . object limited to one. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of general or public nature, where deemed to embrace only one object. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . passing over governor's veto. . . . . . . . . . . . . . . . . . . . . . . . . . . present to governor for approval or veto. . . . . . . . . . . . . . . . publication in official journal. . . . . . . . . . . . . . . . . . . . . . . . . . . promulgation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . reconsideration by legislature of laws vetoed by governor. referring bills intended to be law to legislative bureau. . . . rejected measures, second submission at same legislative session, restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . remain in effect when not inconsistent with constitution. . report on certain laws by governor to legislature. . . . . . . . revival and amendment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . revival by reference to title prohibited. . . . . . . . . . . . . . . . . . special and local, adoption or legitimation of children or emancipation of minors. . . . . . . . . . . . . . . . . . . . . . . . . . affecting estates of minors, of persons under disabilities, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . authorize construction of means of transportation or communication in incorporated town or city, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . changing law of descent or succession, prohibited. . . . . . . changing the names of persons, prohibited. . . . . . . . . . . . . changing venue in civil or criminal cases, prohibited. . . concerning any civil or criminal action, prohibited. . . . . Volume III III II II II II II II II II II II II II II II II II II II Page” 725 737 161 161 626 163, 163 453, 453 168, 168 181, 181 161, 161 161 22, 22 133, 138 394 394 394 555 453 453, 453 157, 157 148–154, 152, 154, 168, 169, 188 8, 8 139, 139, 148, 170 165, 165 91, 91 168 168 154, 154 152, 154, 154 161, 163, 163 163, 163, 170 154, 154 146 150, 151 737 154, 154 165, 165 165, 165 387 387 387 387 387 387 387 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1102 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” creating private corporations, changing charters there- of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 extending time for assessment or collection of taxes, relieving assessor from performance of official duties, relieving his sureties from liability, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 fixing the rate of interest, prohibited. . . . . . . . . . . . . . . . . . II 387 giving effect to informal or invalid wills or deeds, or illegal disposition of property. . . . . . . . . . . . . . . . . . . . II 387 granting exclusive right, privilege, or immunity to any corporation, association or individual, prohibited. . . II 387 granting of divorces, prohibited. . . . . . . . . . . . . . . . . . . . . . II 387 holding and conducting election, fixing or changing place of voting, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 indirect enactment of, by partial repeal of a general law, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394 legalizing unauthorized or invalid acts of any officer, servant, agent of state, prohibited. . . . . . . . . . . . . . . . II 387 regulating management of public schools, prohibited. . . . II 387 regulation of jurisdiction, proceedings, judgment or sales, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 regulation of labor, trade, manufacturing, or agricul- ture, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 relating to roads, highways, streets, or alleys, ferries, and bridges, except state boundaries, prohibited. . . . II 387 remitting fines, penalties, and forfeitures or refunding moneys legally paid into treasury, prohibited . . . . . . II 387 status of, upon adoption of constitution. . . . . . . . . . . . . . . . . III 737 style of . . . . . . . . . e e e e º e o e º e º e e º e e º 'º e o e e º e e º e º e o e s tº e º 0. II 138, 138 subject matter of law indicated. . . . . . . . . . . . . . . . . . . . . . . . II 168, 168 subjects and titles of acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168 suspension of power vested in legislature. . . . . . . . . . . . . . . II 181, 181 system of, how enacted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 169 time of governor to approve or veto. . . . . . . . . . . . . . . . . . . . II 154, 154 title of act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 165, 168, 168 unconstitutional, status of upon adoption of constitution.. III 738 LAWYER, assignment of, by Supreme Court. . . . . . . . . . . . . . . . . . . . . . II 570 LAY-OFFS, civil service rules governing uniform regulations covering, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 LEARNED PROFESSIONS, members of, occupational license tax not to be levied against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 LEASES, See HARBOR DISTRICTs; PORT DISTRICTS; TERMINAL DIS- TRICTS. board of commissioners of the port of New Orleans. . . . . . III 629, 653 lands subject to . . . . . . . . . . . . . . . . . . e e e e s e e s e e s e e s e º e º e III 636, 654 maximum duration of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652, 653 purposes for which, executed. . . . . . . . . . . . . . . . . . . . . . . . . III 654 readjustment of rentals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652, 653, 654 of lands adjudicated to state for taxes. . . . . . . . . . . . . . . . . . II 351 LEASING, of lands and rights for mineral or other purposes, per- mitted . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º º e º e º 'º e º 'º e s e II 351 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1103 Vol. IV Index Part Provisions of Present Constitution and Projet Volume Page” LEASING OF CONVICTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 410,411 LEAVES, See ANNUAL LEAVE.; SICK LEAVE. LEAVES OF ABSENCE, civil service rules governing uniform regulations cover- ing, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 LEGACIES, taxes on, limitation on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 to be for state purposes only. . . . . . . . . . . . . . . . . . . . . . . . . III 189 type permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 to charitable, religious, or educational institutions, tax exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 LEGALIZING ACTS, local and special laws prohibited. . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 LEGAL RIGHTS PRESERVED ON ADOPTION OF CON- STITUTION, See SCHEDULE. LEGISLATION, applicable to fewer than five municipalities, vote required. III 266 for purpose of benefiting from federal tax credits, not re- stricted by occupational license tax prohibitions. . . . III 189 limited in effect to any class of municipality, requirements 266 e ‘º e & © & © e º e º e º e º e e º e s a e e s e e e e º ºs e e º 'º e s tº e s e º e º e a III local and special laws prohibited, granting divorces. . . . . . . II 387, 388 LEGISLATIVE, extraordinary session, appropriation. . . . . . . . . . . . . . . . . . . . II 210 local or special laws creating or modifying municipal charters prohibited, exception. . . . . . . . . . . . . . . . $' s s e III 250 municipal home rule charters, general law to be enacted. . III 250 reduction of salary of municipal official during term pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 250 removal of municipal officials prohibited. . . . . . . . . . . . . . . . . III 250 LEGISLATIVE APPROPRIATION, not necessary, in payment of principal and interest on bonds and obligations . . . . . . . . . . . . . . . . . . . . . . . . . . III 207 LEGISLATIVE BUREAU, composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146 functions of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 organization and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 reference of bills and resolutions before third reading. . . . . II 146 report on bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 reports, advisory only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 LEGISLATIVE CHARTER, special, those in existence may be changed. . . . . . . . . . . . . . . . III 245 LEGISLATIVE COMMITTEES, powers, general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 53, 160, 61 LEGISLATIVE DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . encroachment of one department on another prohibited. . . . II 8, 8 LEGISLATIVE INVESTIGATIONS, See LEGISLATURE. LEGISLATIVE PROCEDURE, acts, limited to one object. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168 acts proposing indebtedness, passage of... . . . . . . . . . . . . . . . II 343 acts proposing indebtedness, publication of . . . . . . . . . . . . . . . II 343 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1104 Vol. IV e G tº a s º º ſh Cie. Provisions of Present Constitution and Projet E. : Volume Page” adjournment, passage of appropriation bill seven days before . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 210 adjournment, signature on appropriation bill seven days before, requirement of... . . . . . . . . . . . . . . . . . . . . . . . . II 210 adoption of system or code of laws, recitation of all laws enacted required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169 amendment of bills, revenue, senate may propose and con- cur in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132 amendment of laws, revised or amended by reference to title only prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 165 amendment to bills, how concurred in legislature . . . . . . . . II 143 recording of vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 143 appropriation bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63 approval of bills. . . . . . . . . . . . . . . . . . . . . . . . e e c e e g º e s e e º ºs e II 151 appropriation bills, repassage of vetoed items. . . . . . . . . . . II 157 bills not vetoed or approved, effect of . . . . . . . . . . . . . . . . . . II 154 delivery of bills to governor . . . . . . . . . . . . . . . . . . . . . . . . II 151 indorsed with hour and date delivered to governor. . . . . . II 151 presented to governor for approval or veto. . . . . . . . . . . . TI 154 signature of president of Senate or speaker of house required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IL 151 to be read in full at request of five members. . . . . . . . . . . . II 151 bills, construction of, legislative bureau to report on. . . . . . II 146 bills, examination and report on by legislative bureau. . . . . II 146 committees final passage of bill. . . . . . . . . . . . . . . . . . . . . . . . . II 139 committees, conference how reports concurred in by legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 143 constitutional amendments, reading of proposals. . . . . . . . . . III 691, 691 resolutions, to be introduced, considered and voted separately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 691 each house shall determine the rules of its procedure. . . . . . II 118, 118 form of bills, appropriation, to be itemized. . . . . . . . . . . . . . . II 206 object limited to one with title indicative thereof. . . . . . . . II 168, 168 single statute to enact or revise codification of laws deemed to embrace one subject. . . . . . . . s e e e s e e º e s e e II 168, 168 introduction of bills, notice of intention, special and local law, date of publication. . . . . . . . . . . . . . . . . . . . . . . . . . II 384 rejected bills, reintroduction of at same legislative session II 150 Second submission at same session, restriction on. . . . . . TT 150 introduction of new matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63 introduction of proposal for amending constitution, con- sidered only when at first part of split session. . . . . . III 703 journals, publication of proceedings. . . . . . . . . . . . . . . . . . . . . II 172, 172 proposals for amending constitution, when entered. . . . . . III 691 laws, legislature shall recite at length all laws enacted . . . . II 169, 169 limitation of introducing new matter in second split session II 63 origin of bills, appropriation of money bills in house. . . . . . II 132 raising revenue bills in house. . . . . . . . . . . . . . . . . . . . . . . . . II 132 revenue bills, senate may propose and concur in amend- ments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132 passage of act proposing indebtedness, requirements of . . . . II 343 passage of bills, appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . II 63 signature of, before adjournment. . . . . . . . . . . . . . . . . . . . . . II 210 time for passage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 210 local or special law, notice of intention required. . . . . . . . II 384 over governor's veto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154 presented to governor for approval or veto. . . . . . . . . . . . . II 154 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1105 Vol. IV Index Part I Provisions of Present Constitution and Projet LEGISLATIVE PROCEDURE, (continued) refeº of enrolled bills, to presiding officer for signa- Uſe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . re-passage of appropriation bill item vetoed. . . . . . . . . . . . requirements for final passage . . . . . . . . . . . . . . . . . . . . . . . . signature of bills to be noted in journal . . . . . . . . . . . . . . . . Special and local law, evidence of publication of notice of intention, requirement of . . . . . . . . . . . . . . . . . . . . . . . . notice of intention to be published thirty days prior to introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . suspension of business for reading and signing bills. . . . vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . reading of bills in revision of codes or adoption of criminal code as a whole, prescribed by legislature. . . . . . . . . . referred to legislative bureau before third reading . . . . requirement for final passage. . . . . . . . . . . . . . . . . . . . . . . . . three readings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . reintroduction of bills or resolutions, at same session, ma- jority vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . repassage of appropriation items. . . . . . . . . . . . . . . . . . . . . . . . requirements for introducing new matter after first split session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . resolutiºn proposing amendment to constitution, publication OT - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . to include concise Summary. . . . . . . . . . . . . . . . . . . . . . . . . . revision of system of laws, where general statutes deemed to embrace one object . . . . . . . . . . . . . . . . . . . . . . . . . . . second submission of rejected bill or resolution, restrictions On . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . split session, limitation on introducing new matter. . . . . . . proposal for amending constitution considered only if introduced in first part of . . . . . . . . . . . . . . . . . . . . . . . statutes, general title referring to general purpose and scope where deemed to embrace one object. . . . . . . . . . . . . . . . . . . time when act takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . no appropriation bill to be made under title of contingent second submission by same or other title, restrictions. . . two-thirds vote needed to introduce new matter at second split session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . veto, bills not vetoed or approved, effect of . . . . . . . . . . . . . . . power of governor to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . power of governor to veto items in appropriation bill . . vote, two-thirds required for introduction of new matter at second split session . . . . . . . . . . . . . . . . . . . . . . . . . . on proposals for amending constitution. . . . . . . . . . . . . . . . voting, amendment to bills, how recorded in journal . . . . . . private or public interest as disqualification. . . . . . . . . . . to override governor’s veto. . . . . . . . . . . . . . . . . . . . . . . . . . . LEGISLATORS, See REPRESENTATIVES; SENATORS. as members of legislative bureau. . . . . . . . . . . . . . . . . . . . . . . . bribery of and by, penalty for. . . . . . . . . . . . . . . . . . . . . . . . . . compulsory attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dual office holding prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . how vacancies filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . immunity from arrest or liability for speeches and debates Volume II II II II II II III III II Page” 151 157 139 151 384 384 151 148 169 146 139 139 150 157 63 704, 704 704 168, 168 150 151 63 703 168, 168 168, 168 161 208 150 63 154 154 157 63 691, 691 143 150 154 146, 146 121, 122 130, 131 123 92, 92 116, 116 127, 128 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1106 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” interest preventing his voting. . . . . . . . . . . . . . . . . . . . . . . . . . II 121, 150, 150 mileage and compensation of . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 terms of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 LEGISLATURE, See HOUSE OF REPRESENTATIVES; LEGISATIVE BUREAU; LEGISLATORS; LOCAL LAw; REPRESENTATIVE; SEN- ATE; SENATORS. acts becoming law without governor’s signature, fact noted in publication of act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 161, 163 acts of, changing term of office, salary, or jurisdiction as to amount, of any judge, when effective. . . . . . . . . . . . . . II 559, 559 acts passed over governor's veto, fact noted in publication '. of act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' s e s s II 161, 163 adjournment, acts becoming effective after. . . . . . . . . . . . . . . II . 163 consent of each house required for period over three days II . 31 consent of each house required to move from original meeting place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 motion not required to be signed by governor. . . . . . . . . . II 160, 160 passage of appropriations before adjournment sine die. . II 210 adjournment of either house. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 administrative offices, power to merge or consolidate. . . . . . II 188 adoption of system or code of laws by general reference only prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169 adoption of system or code of laws, recitation of all laws enacted required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 169 agriculture and immigration duty to foster. . . . . . . . . . . . . . II 516 alienation of fee of beds of navigable waters permitted for reclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 351 amendments to bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 143, 143 amendments to constitution, time of election to be pre- scribed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707, 708 amendments to laws, method. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 165, 165 apportionment, according to latest population census with- in six months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 apportionment, new parish attached to another contiguous district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 97 apportionment, of senatorial districts each year, house of representatives apportioned . . . . . . . . . . . . . . . . . . . . . . II 97 appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 206 amount specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 208, 209 condition precedent to drawing money from treasury. . . . II 203, 203 general appropriation bill, contents. . . . . . . . . . . . . . . . . . . II 206, 206 making appropriations during last five days of session prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 210 purpose specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 208,209 special appropriation bills, one object only embraced. . . . II 206, 206 approval of laws by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 154 arbitration laws, duty to enact. . . . . . . . . . . . . . . . . . . . . . . . . . II 189 audit, may require a copy of audit report. . . . . . . . . . . . . . . . II 497 audit of expenses by supervisor of public accounts. . . . . . . . II 188 authority of, to consolidate offices, boards and commissions II 188 authority of, to reduce number of officers. . . . . . . . . . . . . . . . . II 188 authority to authorize employment of convicts. . . . . . . . . . . . II 410, 411 authority to change provisions of constitution relative to criminal courts of New Orleans and parish of Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 676 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1107 Vol. IV index tº tº e * ge Part | Provisions of Present Constitution and Projet Volume LEGISLATURE, (continued) authority to confer power on Board of Levee Commissioners of Orleans Levee District. . . . . . . . . . . . . . . . . . . . . . . . III authority to enact laws for construction and maintenance of levees within another state. . . . . . . . . . . . . . . . . . . . III authority to suspend laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authorization of alienation of fee of bed of navigable body of water, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authorization to file suit against state....... tº e e º 'º e º e, e º e e II authorized to create port, harbor and terminal districts.... III authorized to establish legal holidays. . . . . . . . . . . . . . . . . . . . II authorized to pass laws to suspend public officials for failure to account for public funds. . . . . . . . . . . . . . . . III bartering votes prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bicameral, legislative power vested in. . . . . . . . . . . . . . . . . © º II biennial sessions . . . . . . . . . . . . , º e s tº e e º e º e º 'º e º e º e e º e o e e º e II bills, placed in possession of house originating. . . . . . . . . . . . . . II signature of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bills becoming law, notwithstanding expiration of term. . . . II on failure of governor to approve or veto. . . . . . . . . . . . . . II boards of commissions, power to merge or consolidate. . . . . II bond, power of, to require manufacturers, pasteurizers and distributors of milk to furnish. . . . . . . . . . . . . . . . . . . . II bonds, power to authorize issuance. . . . . . . . . . . . . . . . . . . . . . TI purpose for which issuable. . . . . . . . . . . . . . . . . . . . . . . . . . . II books of acts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II branches of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II certain acts do not require approval of governor. . . . . . . . . . II certificates of indebtedness, may authorize political cor- poration to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III change of place of sitting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II change of venue law, duty to enact. . . . . . . . . . . . . . . . . . . . . . II charitable institutions, power to establish. . . . . . . . . . . . . . . . II churches, aid from public treasury prohibited. . . . . . . . . . . . II civil service, bills amending or repealing, two-thirds majority required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II clerical officers of houses. . . . . . . . . tº º & Cº º º e º dº º e º 'º e g º ºs e e º e e II clerks of senate and house, conveying bill to other house. . . II code of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI committees, power to administer oaths. . . . . . . . . . . . . . . . . . . II power to investigate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II power to send for persons and papers. . . . . . . . . . . . . . . . . . II composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II confiscated property, release of taxes on. . . . . . . . . . . . . . tº e e II consists of senate and house of representatives. . . . . . . . . . . II constitutional amendments do not require approval of governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II contingent expense committee, audit of records. . . . . . . . . . . . II convening in regular or special session, to elect executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II convict labor, authority to authorize use. . . . . . . . . . . . . . . . . II corporations, creation and regulation. . . . . . . . . © e º 'º e º 'º e º gº e II corrupt practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II accepting fee or reward for vote. . . . . . . . . . . . . . . . . . . . TI causes for forfeiture of office. . . . . . . . . . . . . . . . . . . . . . ge e ge II date of approval of acts given. . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 611 601 181, 181 351 172 311, 392,393,668 191 47 121, 122 61 63, 63 151, 151 151, 151 154 154, 154, 163 188 191 344 344 161, 163 61, 61 160, 160 311 81, 81 7.91 408,408 336, 336 61 188 151 169,169 160 160 160 61, 61, 97, 112 383 61, 61 188 442 411 396, 396 121 121 121 161 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1108 Vol. IV Provisions of Present Constitution and Projet gº; Volume Page” date of first regular session after adoption of constitution.. III 739 debts, power to contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 344 purposes for which permitted. . . . . . . . . . . . . . . . . . . . . . . . . II 344 delivery of bills to governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 deposit of laws with secretary of state. . . . . . . . . . tº º ºs e º 'º º e II 163, 163 donation of its funds prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 188 donation, substitutions prohibited. . . . . . . . . . . . . . . . . . . . . . . II 417 drainage of land, legislation concerning authorized. . . . . . . . III 410 duration of regular sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63, 63 duties with regard to election of governor and lieutenant £OVernor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 441, 442 duty to make appropriations for expenses of certain offices II 444, 444 duty to pass laws for arbitration. . . . . . . . . . . . . . . . . . . . . . . . II 189 duty to provide for civil service in certain municipalities. . III 511 duty to provide for pay to retired judges. . . . . . . . . . . . . . . . II 583 each law enacted by, limited to one object. . . . . . . . . . . . . . . . II 168, 168 education regional, may be authorized by . . . . . . . . . . . . . . . .” II 336 educational and charitable institutions, additional or addi- tional branches, vote required. . . . . . . . . . . . . . . . . . . . II 408 effective date of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 161, 161 appropriation acts excepted. . . . . . . . . . . . . . . . . . . . . . . . . . II 161, 161 election, legislature to be judge of returns of its members. . II 118 election of executive officers, from two highest candidates with tie vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 442 enacting clause of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 138, 138 enactment of bills, procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . II 139, 139, 148, . 150–154, 170 enactment of single statute to revise a system of laws of general nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº II 168 encroachment of one department on another prohibited. . . . II 51, 51 evidence of publication of notice of intention, special and local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 384 ex post facto laws, passage prohibited. . . . . . . . . . . . . . . . . . . II 8, 8 executive officer, power to merge or consolidate. . . . . . . . . . . II 188 executive office, selection of, when tie vote. . . . . . . . . . . . . . . . II 440 expulsion of members, two-thirds vote required. . . . . . . . . . II 118, 119 extinguishment of indebtedness, liability or obligation of corporation or individual to state, prohibited. . . . . . II 383 extra compensation or allowances to public officers or others prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 extraordinary sessions limited in time. . . . . . . . . . . . . . . . . . . II 74, 75 limited to objects in call. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 notice given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 petition of members for session. . . . . . . . . . . . . . . . . . . . . . . II 74, 75 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 purposes and periods of time stated in notices. . . . . . . . . . II 74, 75 to enact legislation made necessary by adoption of con- stitution, time limit on. . . . . . . . . . . . . . . . . . . . . . . . . . . III 755 federal, power of state to make effective cooperation with federal government under any enactment by, per- mitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362 fidei commissa, restrictions on creation. . . . . . . . . . . . . e & © e e II 417 final approval of bills in house of origin. . . . . . . . . . . . . . . . . II 151, 152 fire marshal, powers and duties fixed by legislature. . . . . . . II 516 fixes effect of judgments against state. . . . . . . . . . . . . . . . . . . II 172,174 forced heirship, abolition prohibited. . . . . . . . . . . . . . . . . . . . . II 417 forestry, provision for, duty to make. . . . . . . . . . . . . . . . . . . . III 269 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1109 Vol. IV !ndex tº º e gº Part | Provisions of Present Constitution and Projet - Volume LEGISLATURE, (continued) governor has power to veto items in appropriation bills. . . . II governor may call extra-ordinary sessions. . . . . . . . . . . . . . . . II governor may make recommendations to legislature. . . . . . . II governº : give information to legislature about affairs of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º ſº e º e º e © gº º II governor to report at beginning of session of . . . . . . . . . . . . . II granting extra compensation, fee, or allowance to public officer, agent, servant, or contractor, without express authority of law prohibited. . . . . . . . . . . . . . . . . . . . . . . II has power to grant rights-of-way. . . . . . . . . . . . . . . . . . . . . . . II health laws, duty to enact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II highways, duty to provide for establishment and mainten- &IlCe OI . . . . . . . e is e e s e e º e s e e s tº e º e º 'º e º e s tº e º e º e e e s G II how reports of committees of conference adopted. . . . . . . . . . II hours of labor and working conditions, power to regulate. . II house appropriations committee, chairman on Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . . . . II house of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II adjournment from day to day, less than quorum present II apportionment of members. . . . . . . . . . . . . . . . . . . . . . . . . . . II appropriation acts required to originate in house. . . . . . . . II each parish shall have at least one representative. . . . . . II freedom of members in debate. . . . . . . . . . . . e is º e º e º ſº e º e º II impeachment by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III journals of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judge of election and qualification of members. . . . . . . . . . II maximum number of representatives. . . . . . . . . . . . . . . . . . II members moving from parish from which elected, effect. . II new parish, right to representation. . . . . . . . . . . . . . . . . . . . II number of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . II per diem and mileage of members. . . . . . . . . . . . . . . . . . . . . II persons not members, power to punish. . . . . . . . . . . . . . . . . II power to compel attendance of members. . . . . . . . . . . . . . . . II punishment of members, power of house. . . . . . . . . . . . . . . II qualifications for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II representative number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II residence of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II restriction on reapportionment. . . . . . . . . . . . . . . . . . . . . . . II restrictions on adjournment. . . . . . . . . . . . . . . . . . . . . . . . . . II revenue measures, required to originate in house. . . . . . . . II rules of procedure, power to determine. . . . . . . . . . . . . . . . . II three or more members may file impeachment charges against governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II transitional provision, number of representatives each parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how amendments concurred in . . . . . . . . . . . . . . . . . . . . . . . . . . II how laws enacted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how reports of committees of conference adopted. . . . . . . . . . II how vacancies filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II immunity of legislators from arrest or liability for speeches and debates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II interstate creation of levee districts authorized. . . . . . . . . . . III introduction of bills, time limit. . . . . . . . . . . . . . . . . . . . . . . . . II investigations, of public officers, action not requiring sig- nature of governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II investigations, power to order. . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 157, 157 74, 75 452, 452 452,452 452 380 362 516 521 143 394, 394 212 61 130, 131 81, 82, 112 132, 132 81 127, 128 110, 110 172, 172 118, 119 82, 82 113 187 112, 112 187 126, 126 130, 131 118, 119 113, 113 81, 82 113, 113 187 81, 81 132, 132 118, 119 482 112 143, 143 152, 154, 168 169, 188 143, 143 116, 116 127, 128 601, 602 62, 63 160 160, 160 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1110 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” item approval or disapproval, proposals of Board of Liqui- $ dation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . II 212 joint session, to elect executive officer. . . . . . . . . . . . . . . . . . . II 442 journal, call for Special session published in. . . . . . . . . . . . . . . . . . . . II 74, 74 cause for removal from office to be printed in. . . . . . . . . . III 111, 111 duty to keep. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172,172 governor's approval or failure to veto noted . . . . . . . . . . . . II 163, 163 preservation and publication. . . . . . . . . . . . . . . . . . . . . . . . . II 172,172 promulgation of reapportionment. . . . . . . . . . . . . . . . . . . . . II 81 publication of acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 163, 163 record of votes on final passage. . . . . . . . . . . . . . . . . . . . . . . II 148, 148 record of votes on passage of bills over governor’s veto. . II 154, 154 recording yeas and nays and names for and against. . . . . II 143, 143 signing of bills noted in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151,153 judge of qualification and election of members. . . . . . . . . . . . II 118, 119 labor price fixing prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 lack of power to release or extinguish debts, liabilities or obligations to state, parish or municipal corporations II 383,383 laws enacted by, to embrace one object. . . . . . . . . . . . . . . . . . . II 168, 168 laws impairing contracts prohibited. . . . . . . . . . . . . . . . . . . . . II 8, 8 laws permitted, agreements with other state governments relative to their agencies, public or private institutions of higher learning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336 exemptions from excise taxes. . . . . . . . . . . . . . . . . . . . . . . . . III 135 for recall of any officer, except governor and judges of courts of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 119 recall of public officers; exceptions; proviso. . . . . . . . . . . . III 119 laws shall be enacted regulating corporations, prohibiting monopolies, protecting stockholders. . . . . . . . . . . . . . . II 396 legislative bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 146, 146 legislative investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160, 160 legislative power vested in, see also Distribution of Powers II 61 legislature may provide method for absentee voting. . . . . . . III 73, 73 levee system, requirement for adequate provision by . . . . . . . III 601 limitation on authority to contract debts and liabilities. . . . II 343, 344, 351 limitation on use of state funds, credit or property, not to deny legislature power to provide, pension for Confederate veterans and widows. . . . . . . . . . II 367 retirement system for aged and incapacitated state officers and employees and beneficiaries. . . . . . . . . . . . II 369 system of economic security and social welfare. . . . . . . . . II 374 limitations on its authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 417 to authorize trusts and fidei commissa . . . . . . . . . . . . . . . . . II 417 limitations on powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 417 loan of public credit prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 local and special laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 cases in which prohibited, enumerated. . . . . . . . . . . . . . . . . II 388, 555 enactment by partial repeal of general law prohibited. . . II 394, 394 legislature authorized to repeal. . . . . . . . . . . . . . . . . . . . . . . . . II 394 notice of intention to apply for passage, publication. . . . . II 384, 385 local and special laws prohibited, adoption or legitimation of children or emancipation of minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 affecting estates of minors, of persons under disabilities. II 387, 388 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1111 Vol. IV Index tº e & g Part I Provisions of Present Constitution and Projet Volume LEGISLATURE, (continued) authorize construction of means of transportation or communication in town or city. . . . . . . . . . . . . . . . . . . . II changing law of descent or succession............. tº e º e II changing the names of persons. . . . . . . . . . . . . . . . . . . . . . . . II changing venue in civil or criminal cases.............. II concerning any civil or criminal action............ tº º º º º II creating private corporations, changing charters thereof II enumeration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II extending time for assessment or collection of taxes, re- lieving assessor from performance of official duties, relieving his sureties from liability. . . . . . . . . . . . . . . . II fixing the rate of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . II giving effect to informal or invalid wills or deeds, or illegal disposition of property. . . . . . . . . . . . . . . . . . . . . II granting exclusive right, privilege, or immunity. . . . . . . . II holding and conducting election, fixing or changing place of Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & º Gº tº º II legalizing unauthorized or invalid acts of any officer, Servant, agent of state. . . . . . . . . . . . . . . . . . . . . . . . . . . II regarding regulation of judicial jurisdiction, proceeding, judgments or sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II regulating management of public schools. . . . . . . . . . . . . . II regulation of labor, trade, manufacturing, or agriculture II relating to roads, highways, streets, or alleys, ferries, and bridges, except at state boundaries. . . . . . . . . . . . II remitting fines, penalties, and forfeitures or refunding moneys legally paid into treasury. . . . . . . . . . . . . . . . . II majority consent required, appropriations by Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . . . . II mandate to provide levee system. . . . . . . . . . . . . . . . . . . . . . . . III may authorize creation of fire protection districts. . . . . . . . . III may authorize funding levee taxes. . . . . . . . . . . . . . . . . . . . . . . III may authorize creation of consolidated gravity drainage districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may authorize parishes, wards and municipalities to vote special taxes in aid of certain public utilities. . . . . . . III may authorize political subdivision to transfer surplus funds to Property Tax Relief Fund. . . . . . . . . . . . . . . III may authorize Supreme Court to make and promulgate rules of pleading, practice, and procedure in civil actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may change judicial districts. . . . . . . . . . . . . . . . . . . . . . . . . . . II may change number of district court judges. . . . . . . . . . . . . . II may classify municipalities according to population. . . . . . . III may confer additional powers on Lake Pontchartrain sani- tary district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may create and define powers and jurisdiction of municipal courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may create and provide assistant district attorneys. . . . . . . . II may create city courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may create levee district partly in adjoining state. . . . . . . . III may create navigation and river improvement districts. . . III may create office of judge of juvenile court in certain parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may dissolve and merge parish into contiguous parish, with majority vote of electors. . . . . . . . . . . . . . . . . . . . III may establish and organize new parishes. . . . . . . . . . . . . . . . . III Page” 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 387, 388 212 601, 601 370 601 386 277 185, 186 570 691 691 266 670 706 758, 758 706, 707 601, 602 392 730 307 285 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1112 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” may establish separate parish recorder. . . . . . . . . . . . . . . ... • * * II 764 may establish, through commission, minimum wages and regulate hours of work of women and girls. . . . . . . . II 394, 394 may extend territorial jurisdiction of domestic relations courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 729 may limit source of municipal taxes. . . . . . . . . . . . . . . . . . . . . III 269 may make additional appropriations to L.S.U. and A. and M. College. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 3.18 III 460 may prescribe educational qualification as a requirement to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . © & e o 'º e º e º e o e III 20 may provide for filling offices created by it. . . . . . . . . . . . . . . II 475 may provide for prosecution of misdemeanors on affidavits II 19 may provide method of service of process in civil cases. . . . II 791 may provide mode of filling all offices created by . . . . . . . . . . II 475 may provide or authorize classifications and graduations in municipal taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269 may reduce number of, or abolish office of justice of peace II 706, 707 may vest certain judicial powers in clerks. . . . . . . . . . . . . . . . II 764 may vest jurisdiction of violation of municipal ordinances in mayors or other city officers. . . . . . . . . . . . . . . . . . . II 707 member, punishment of, forfeiture of office. . . . . . . . . . . . . . II 121 member of, penalty against person for offering free pass or free service to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 100 members, disqualification, dual office holding prohibited. . . . III 92, 92 apportionment of representation in house of representa- tives provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 at least one for each parish. . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 bribery, penalty for. . . . . . . . . . . . . . . . . . . . . . © e º e º e º O e o 'º II 121, 122 corrupt practices, forfeiture of office. . . . . . . . . . . . . . . . . . II 121, 122 corrupt practices legislature. . . . . . . . . . . . . . . . . . . . . . . . II 121, 122 disqualification forfeiture of office for corrupt practices. II 121, 122 disqualification, two-thirds vote to expel. . . . . . . . . . . . . . . II 118, 119 dual office holding does not apply to notary public or elective office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 123 dual office holding prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 123 election of apportionment in Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 by parish wide election except in Orleans. . . . . . . . . . . . II 81, 81 by wards in Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 to fill vacancy to be called within ten days. . . . . . . . . . . . II 116 forfeiture of office for corrupt practices. . . . . . . . . . . . . . . II 121, 122 ineligible to other office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 123 interest in bill as disqualification to vote. . . . . . . . . . . . . . . II 150, 150 legislature to be judge of. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 membership on legislative bureau. . . . . . . . . . . . . . . . . . . . . II 146, 146 number of Senators, maximum. . . . . . . . . . . . . . . . . . . . . . . . II 97, 97 privileges and rights, immunity from arrest. . . . . . . . . . . . II 127, 128 immunity from responsibility for speeches and debates II 127, 128 prohibited from receiving passes and free services. . . . . . III 100 punishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e c e e º e º e II 118, 119 for bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e - © e º e II 121, 122 for disorderly conduct and contempt. . . . . e e º e º 'º º & © e. e. II 118, 119 qualifications, house of representatives. . . . . . . . . . . . . . . . II 113, 113 ineligible to other office, exceptions. . . . . . . . . . . . . . . . . . II 123 Senate . . . . . . e e º e º 'º e tº º e º e º e º e º e º e º e e º & tº e º e º O © e o e º º II 113, 113 representative number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 82 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1113 Vol. IV power of, to assist in purchase, expansion, improvement or construction of agricultural plant, not affected by limitation on use of state credit, funds, or property, in Article IX, Section 11 (A). . . . . . . . . . . . . . . . . . . . . . power prohibited, extinguishment of indebtedness, liability, or obligation to the state, by corporation or indi- vidual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . grant extra compensation, fee, or allowance without express authority of law . . . . . . . . . . . . . . . . . . . . . . . . payment of claim against state, without express author- ity of law, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . power to acquire property of Carondelet Canal and Navi- gation Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . power to compel all the attendance of members. . . . . . . . . . . power to consolidate certain offices... . . . . . . . . . . . . . . . . . . . . power to establish separate domestic relations court for a judicial district, requirements noted. . . . . . . . . . . . . . power to increase or decrease number of district judges. . . . power to lend, underwrite, participate in, or guarantee re- payment, regarding agricultural plant and products Index e e e e Part I Provisions of Present Constitution and Projet Volume LEGISLATURE, (continued) request of five members to read bill in full. . . . . . . . . . . . . II residence of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of office four years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II three or more may file impeachment charges against 80Vernor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy, election to fill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy, within sixty days of expiration of term. . . . . . . . II messages of governor to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IJ method of changing salaries of public officers. . . . . . . . . . . . II method of election of executive officers, if tie vote. . . . . . . . II method of establishing educational and charitable institu- II 1911S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . method of integrating laws into Revised Statutes. . . . . . . . . II method of procedure in suits against state fixed by . . . . . . . . II mileage and compensation of legislators. . . . . . . . . . . . . . . . . II minimum wage laws, power to enact. . . . . . . . . . . . . . . . . . . . . II municipal courts, failure of legislature to provide, effect of III natural resources, duty to protect. . . . . . . . . . . . . . . . . . . . . . II new state educational institution, establishment. . . . . . . . . . . II offering or accepting bribe, disqualification from holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III officers, right to choose, except president of senate. . . . . . . . II officers and employees of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III orders of legislature, not required to be signed by governor II passage of laws over governor's veto. . . . . . . . . . . . . . . . . . . . II passed bills presented to governor for approval or veto. . . . II passing bills over governor's veto. . . . . . . . . . . . . . . . . . . . . . . . II payment of claim against state, without express authority of law, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II personal interest in bill, disclosure by member. . . . . . . . . . . . II persons not eligible to be member. . . . . . . . . . . . . . . . . . . . . . III persons not members, power to punish. . . . . . . . . . . . . . . . . . II place of meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II pledge of public credit prohibited. . . . . . . . . . . . . . . . . . . . . . . . II power of governor to veto items in appropriation bill. . . . . . II power of suspending laws vested in. . . . . . . . . . . . . . . . . . . . . . II II II II II III II II II Page” 151 113, 113 113, 113 482 116 116 452,452 341, 341 442 408,408 169 172,174 187 394, 394 745 508 408,408 47 118 579 160, 160 154, 154 154, 154 154, 154 380 150, 150 92, 92 126, 126 63, 63 354, 354 157, 157 181, 181 364 383 380 380 351 130, 131 428 729 691, 691 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1114 Vol. IV Provisions of Present Constitution and Projet º Volume Page” of state, not affected by limitation on use of state credit, funds, or property, in Article IV, Section 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 power to pardon in cases of treason vested in . . . . . . . . . . . . II 182, 182 power to provide pension for Confederate veterans and widows, not limited by Article IV, Section 11 (A). . . II 367 power to provide retirement system for aged and incapaci- tated state employees, not to be denied by Article IV, Section 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 369 power to provide system of economic security and social welfare, not to be denied by Article IV, Section 11 (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 374 power to rearrange judicial districts. . . . . . . . . . . . . . . . . . . . II 691, 691 power to remove public officer by two-thirds vote. . . . . . . . . III 111, 111 presentment of laws to governor for approval or veto. . . . . II 151,154, 154, 163 president of senate required to sign bill . . . . . . . . . . . . . . . . II 151, 152 right of legislature to choose officers, except. . . . . . . . . . . . II 118 signature of appropriation bill, time limit. . . . . . . . . . . . . . II 210 to receive copy of petition for special session. . . . . . . . . . . II 74 primary elections, regulation of . . . . . . . . . . . . . . . . . . . . . . . . III 63, 63 private charities, aid from public treasury prohibited. . . . . II 336, 336 private rights-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 189 enactment of general laws to provide for granting of... II 189 prohibition against alienation of the fee of beds of navig- able waters, except for reclamation. . . . . . . . . . . . . . . II 351 prohibition against its authorizing substitutions. . . . . . . . . . II 4.17 prohibitions against local or special laws, enumeration of . . II 387, 388 promulgation of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 163, 163 provide effect of judgments in suits against state. . . . . . . . . II 172,174 provide method of procedure in suits against state. . . . . . . . II 172,174 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 61, 61 providing for granting rights-of-way for private roads and drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 189 public moneys, publication of statement of receipts and expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 public lands, alienation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 351, 351 leasing of public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 351, 351 limitation on power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 351, 351 mineral rights, reservation. . . . . . . . . . . . . . . . . . . . . . . . . . . II 351 publications of journal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172 publication of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 161,161, 163, 163 punish, power to for disrespect, disorderly or contemptuous behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 126, 126 power to, limit of imprisonment. . . . . . . . . . . . . . . . . . . . . . II 126, 126 power to, persons not members. . . . . . . . . . . . . . . . . . . . . . . . II 126, 126 power to, while in session. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 126, 126 qualifications and disqualifoations, interest in bill prohibits voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150 judge of qualifications, election, and return. . . . . . . . . . . . II 118, 119 CIllOTUIIIl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 130, 131 reapportionment, become effective at primary election for representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 subject to judicial review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 rearrangment of circuits and districts of courts of appeal permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 642 reclamation of swamp lands, legislation concerning, au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 410 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. - 1115 Vol. IV Index e - e e Part I Provisions of Present Constitution and Projet - Volume LEGISLATURE, (continued) reconsideration of laws vetoed by governor. . . . . . . . © º e º e a II recording yeas and nays in journals. . . . . . . . . . . . . . . . . . . . . II regional education may be authorized by... . . . . . . . . . . . . . . II regular meeting shall be in split session................. II regular session, date of, upon adoption of constitution.... III date of convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III reintroduction of rejected bills, ordinances and resolutions II rejected bills or measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II second submission at same session, restriction.......... II release of debts due state prohibited. . . . . . . . . . . . . . . . . . . . II removal of officials from office. . . . . . . . . . . . . . . . . . . . . . . . . . III address of two-thirds of members of legislature required III governor or acting governor excepted . . . . . . . . . . . . . . . . . III ground stated in address of legislature. . . . . . . . . . . . . . . ... • * III repayment of money for purchase, expansion, improvement, or construction of agricultural plant, vote required, and percentage allowed, noted. . . . . . . . . . . . . . . . . . . . II report on certain laws to legislature. . . . . . . . . . . . . . . . . . . . . II resolutions, not required to be signed by governor. . . . . . . . II revival of laws, method. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II rights-of-way over public lands, right to grant. . . . . . . . . . . . II rules, adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II shall determine rules of its procedure. . . . . . . . . . . . © e o O C & II suspension of business for reading and signing bills. . . . . II salaries of public officials, power to change. . . . . . . . . . . . . . . II constitution fixing salary, two-thirds vote required. . . . . . II selection of candidate for executive office, when tie vote... II Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II adjournment from day to day, less than quorum present II advice and consent on governor’s appointments. . . . . . . . II appointment of officials by governor, confirmation. . . . . . . II appropriation bills, power to amend. . . . . . . . . . . . . . . . . . . II deciding vote cast by lieutenant governor in case of tie. . II exemption of members from arrest. . . . . . . . . . . . . . . . . . . . II expulsion of member, two-thirds vote required. . . . . . . . . . II freedom of members in debate. . . . . . . . . . . . . . . . . . . . . . . . II journal of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II lieutenant governor ex-officio president. . . . . . . . . . . . . . . . II maximum number of members. . . . . . . . . . . . . . . . . . . . . . . . II member moving from parish or district from which elected, effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II number shall not be more than thirty-nine. . . . . . . . . . . . . . II persons not members, power to punish. . . . . . . . . . . . . . . . . II power to compel attendance of members. . . . . . . . . . . . . . . II president pro tempore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II punishment of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II qualifications for membership . . . . . . . . . . . . . . . . . . . . . . . II CIllOTUIII] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II residence of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II restrictions on adjournment. . . . . . . . . . . . . . . . . . . . . . . . . . II revenue measures, power to amend. . . . . . . . . . . . . . . . . . . . II rules of procedure, power to adopt. . . . . . . . º e º e º e º e º e º e II term of office of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II three or more members may file impeachment charge against governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II transitional provision, list of senatorial districts and apportionment . . . . . . . . . . . . . . . . . . .... • * * * * * * * * * * * * * II Page” 154, 154 143, 143, 188 336, 337 63 739 739 150, 151 150, 151 150, 151 383,383 111, 111 111, 111 111, 111 111, 111 364 154 160, 160 165, 165 366, 366 118, 119 118, 119 151 341, 341 341 440 61, 61 130, 131 475 475, 478 132, 132 489, 489 127, 128 118, 119 127, 128 172 489, 489 97, 97 113 97, 97 126, 126 130, 131 489, 489 118, 119 113, 113 130, 131 113, 113 81, 81 132, 132 118, 119 113, 113 482 100 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1116 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” yeas and nays, right of members to demand. . . . . . . . . . . . II 188 Senate Finance Committee, chairman on Board of Liquida- tion of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 Senate may sit for impeachment when house is or is not in session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 110, 110 Senatorial districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 100, 102 districts pending enumeration. . . . . . . . . . . . . . . . . . . . . . . . II 100, 102 division of parishes prohibited, Orleans excepted....... II 97, 97 division of state into. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 97, 97, 100 more than one senator from district, election from different parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . '• • , II 102 new parish not to be attached to more than one district. . II 97 new parishes, provisions concerning. . . . . . . . . . . . . . . . . . . II 97, 97 no parish shall be divided in formation of . . . . . . . . . . . . . . II 97, 97 restrictions on reapportionment. . . . . . . . . . . . . . . . . . . . . . . II 187 transitional provision, list of . . . . . . . . . . . . . . . . . . . . . . . . . II 100 apportionment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 100 sessions, date of first regular, upon adoption of constitution III 739 regular, proposals for amending constitution may be made at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 691 reintroduction of rejected bill or resolution at same ses- sion restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150 report by governor at beginning of each. . . . . . . . . . . . . . . II 452 split, introduction of amendment to constitution to be made at first part of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 703 duration and date of first split session. . . . . . . . . . . . . . II 63 date and duration of second split session. . . . . . . . . . . . II 63 interim appropriation or borrowing by Board of Liqui- dation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . II 212 shall provide for civil service. . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 special and local laws, indirect enactment of, by partial repeal of a general law, prohibited. . . . . . . . . . . . . . . . II 394 special election to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 special laws, cases in which prohibited. . . . . . . . . . . . . . . . . . II 388 special session call published in official journal. . . . . . . . . . . . II 74 five days' notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 held at any time other than during regular session. . . . . II 74 limited to objects in call. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 to exceed thirty days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 notice for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 purposes for call or petition in notice. . . . . . . . . . . . . . . . . II 74 two-thirds vote may call. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 gover 1101’ Iſlay COIl Velle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 petition for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 split session each even numbered year. . . . . . . . . . . . . . . . . . . II 63 stationery and other supplies, purchase. . . . . . . . . . . . . . . . . . II 122 style of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... • II 138, 138 suits against state, authorizing. . . . . . . . . . . . . . . . . . . . . . . . . II 172, 174 procedure to be provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172,174 supplies furnished under contract. . . . . . . . . . . . . . . . . . . . . . II 122 suspension of laws prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II 181, 181 system of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 169 restriction on adoption. . . . . . . . . . . . . . . . . . . . . . . . . . e & C G e II 169, 169 taxing power vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135, 189 surrender prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 term of office of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1117 Vol. IV index Part 1 Provisions of Present Constitution and Projet Volume Page” LEGISLATURE, (continued) time for elections of presidential electors, members of Congress, and parochial officers, to be fixed by . . . . . III 58, 58 time for general state election, to be fixed by . . . . . . . . . . . . . III 58 time for introduction of bills. . . . . . . . . . . . . . . . . . . . . . . . . . . II 62, 63 time of meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 62, 63 titles of laws must indicate objects. . . . . . . . . . . . . . . . . . . . . . II 168, 168 time when act takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 161 to appropriate for salary of Supreme Court stenographer. . II 567 to appropriate for state public school fund. . . . . . . . . . . . . . II 315 III 460 to authorize salaries of administrative agency of state board of education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430 to be held at Seat of government. . . . . . . . . . . . . . . . . . . . . . . . II 63, 63 to create governing body for Louisiana State University and A. and M. College. . . . . . . . . . . . . . . . . . . . . . . . . . . III 429 to fix additional salary of assistant district attorneys. . . . . . II 793 to fix amount of clerk's bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 to fix compensation of city court judges. . . . . . . . . . . . . . . . . II 341, 707 to fix compensation of clerks of courts of appeal. . . . . . . . . II 341, 568 to fix fees of sheriffs, clerks, etc., in civil matters. . . . . . . . . II 582 to fix jurisdiction of domestic relations courts. . . . . . . . . . . . II 729 to fix maximum rates on municipal taxes. . . . . . . . . . . . . . . . . III 269 to fix per diem and expense payment to Board of Education, Board of Control and Board of Supervisors. . . . . . . . III 456 to fix qualifications, salary and tenure of office of judge of juvenile court created by it. . . . . . . . . . . . . . . . . . . . . . . II 730 to levy and collect additional special taxes for state public school fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 to limit power of courts to punish for contempt. . . . . . . . . . . II 561 to make appropriations for expenses of state tax collector for the city of New Orleans. . . . . . . . . . . . . . . . . . . . . . III 353 to make appropriations for salary of court of appeal judges II 341, 639 to make appropriations for state higher institutions of learning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460, 460 to make necessary appropriation to pay judicial salaries. . II 789 to pass laws to suppress gambling. . . . . . . . . . . . . . . . . . . . . . . II 409 to prescribe additional salary of district attorneys. . . . . . . . II 755 to prescribe procedures for collection, control and expendi- ture of state funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 206 to provide buildings for Supreme Court. . . . . . . . . . . . . . . . . II 790 to provide by law for change of venue. . . . . . . . . . . . . . . . . . . II 7.91 to provide for all matters relating to register of voters. . . . III 84 to provide for care, maintenance and enlargement of state library . . . . . . * * * * * * * * * * * * * * * e e s e º e º e º e o e g º e e s e e II 790 to provide for creation and election of parish and municipal school boards of education. . . . . . . . . . . . . . . . . . . . . . . . III 458, 458 to provide for selection and drawing of jurors. . . . . . . . . . . . II 739, 740 to provide for enumeration of educable children in state... II 315 to provide for incorporation of cities, towns, and villages by general law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 to provide for optional plans for the organization of parochial government . . . . . . . . . . . . . . . . . . . . . . . . . . . III 295 to provide for procedure for collection of taxes. . . . . . . . . . . III 200 to provide for Supreme Court library. . . . . . . . . . . . . . . . . . II 790 to provide method for merger of municipalities in adjoin- ing parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 to provide method for municipal and parochial government consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1118 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” to provide necessary officers for juvenile courts. . . . . . . . . . II 730 to provide procedure for redemption from sale of property for unpaid taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 to provide retirement fund for teachers. . . . . . . . . . . . . . . . . II 370 to recite at length all laws it may enact. . . . . . . . . . . . . . . . . II 169, 169 to set aside part of Public School Fund as an equalization fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 trading votes prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121, 122 trust estate, restrictions on creation. . . . . . . . . . . . . . . . . . . . . II 417 two sessions in each even numbered year. . . . . . . . . . . . . . . . . II 63 two-thirds of members of each house may call extraordi- nary sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 unauthorized claims against state or municipality, authoriz- ing payment prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 vacancy in office, time of election to fill. . . . . . . . . . . . . . . . . . . III 58 vested rights protected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 vote on indebtedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e II 343 vote on proposals for amending constitution. . . . . . . . . . . . . . III 691, 691 votes of, not required to be signed by governor. . . . . . . . . e II 160, 160 voting, approval of power to lend, underwrite, participate in, or guarantee repayment of any amount used for purchase, expansion, improvement of construction of agricultural plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 by lieutenant governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 489 by telegram or letter on proposals of Board of Liquida- tion of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 interest in bill as disqualification to vote. . . . . . . . . . . . . . . II 150, 150 names entered in journal. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 148, 148 on changing salaries of public officers. . . . . . . . . . . . . . . . . . II 341 on indebtedness, exceptions noted. . . . . . . . . . . . . . . . . . . . . II 343 on proposals of Board of Liquidation of the State Debt. . II 212, 212 repayment of amount used for agricultural plant and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 yeas and nays on final passage. . . . . . . . . . . . . . . . . . . . . . . II 148, 148 where bills raising revenue or appropriating money must originate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132, 132 LEGITIMACY, of children, suits involving, appellate jurisdiction of Su- preme Court in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 625 LEGITIMATE END OF GOVERNMENT . . . . . . . . . . . . . . . . . II 7, 7 LEGITIMATION OF CHILDREN, special and local laws concerning, prohibited. . . . . . . . . . . . . II 387, 388 LENDING, of funds, credit, or property, to person, association, or corporation, state prohibited. . . . . . . . . . . . . . . . . . . . . . II 354 LEVEE BOARDS, See LEVEES. may levy tax to restore streets and highways. . . . . . . . . . . . III 606, 606 to cooperate with federal government. . . . . . . . . . . . . . . . . . . . III 602 LEVEE DISTRICTS, adjoining states, districts partly within. . . . . . . . . . . . . . . . . III 601, 602 authority for local and special laws regarding charters of . II 388 bonds, interest limited on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 601 terms of sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 601 constructing wholly within another state. . . . . . . . . . . . . . . . III 602 construction of, interstate territory. . . . . . . . . . . . . . . . . . . . . III 601, 602 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1119 Vol. IV Index Part | Provisions of Present Constitution and Projet LEVEE DISTRICTS, (continued) cooperation with federal government in constructing and maintaining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . expropriation of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . governing authority, duty to restore municipal streets. . . . interstate districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . levee improvement bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . maintenance of, interstate territory. . . . . . . . . . . . . . . . . . . . . partly in another state, creation of, permitted. . . . . . . . . . . . maintenance of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº e refunding bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . right to levy tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . right to increase tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . streets and highways used or destroyed for levee purposes, restoration and relocation of . . . . . . . . . . . . . . . . . . . . . tax levies and rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LEVEE DRAINAGE, lands and improvements for, purchase price. . . . . . . . . . . . . . LEVEE SYSTEM, to be organized and created. . . . . . . . . . . . . . . . . . . . . . . . . . . . districts to cooperate with federal government. . . . . . . . . . . LEVEES, See BOARDS OF LEVEE COMMISSIONERS OF ORLEANS DIS- TRICT; FLOOD CONTROL; HARBOR IMPROVEMENT DIS- TRICTS; LEVEE DISTRICTS; NAVIGATION DISTRICTS; RIVER IMPROVEMENT DISTRICTS. acquisition of property for, purchase price. . . . . . . . . . . . . . Board of Levee Commissioners of Orleans Levee District empowered to locate, construct, improve. . . . . . . . . . . Board of Levee Commissioners, powers. . . . . . . . . . . . . . . . . . Caernarvon Break, reparation claims. . . . . . . . . . . . . . . . . . . constitutional provision declared self-executing. . . . . . . . . . . contracts with sewerage and water boards. . . . . . . . . . . . . . control over Lake Pontchartrain, boundaries, dedication of land for parks and places of amusement. . . . . . . . . . construction and maintenance wholly within another state authorized with concurrence of that state. . . . . . . . . district partly within adjoining state. . . . . . . . . . . . . . . . . . . district taxy levy, limitation on amount of levy. . . . . . . . . . division into zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . expropriation of property compensation for property used or destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . funding of taxes and indebtedness into bonds authorized.. interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sale price of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . improvements used or destroyed for, purchase price. . . . . . lands used or destroyed for, purchase price. . . . . . . . . . . . . . lease or sale of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tax levies, funding into bonds. . . . . . . . . . . . . . . . . . . . . . . . . . legislature to provide for adequate system of... . . . . . . . . . letting of contracts for work. . . . . . . . . . . . . . . . . . . . . . . . . . . limitation on amount of bonds issuable. . . . . . . . • * ~ * > * > * > * maintenance authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orleans levee district, airports, Lake Pontchartrain front- age . . . . . . e e e s e e e o e e e s e s e e s e o e o e o e o e º e º e s e e º 0 ° 9 Volume III III III III III III III III III III III III III III III III III III III III III III III III III III III Page” 602 606, 606, 609 606 601, 602 601 601 601, 602 601 319 671, 674 601 601 601 606 601 606 601, 601 602 606, 606 611 613 676, 682 621 614 616 601, 602 601, 602 601 613 606, 606 601 601 601 606, 606 606, 606 616 601 601 616 619, 620 601 616 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1120 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” airports and aviation fields, power to construct........ III 611, 613 approval of bonds by state board of liquidation. . . . . . . . III 611, 620 powers retained by city of New Orleans. . . . . . . . . . . . . . . . III 616 price to be paid for land and streets destroyed by . . . . . . . . III 606, 606 repealing clause . . . . . . tº tº º e º 'º º 'º tº º º © e º c e & C G º ſº tº º e º 'º e º 'º e s e III 621 rights of levee boards reserved. . . . . . . . . . . . . . . . . . . . . . . . . III 610, 668 Security for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . III 619 State tax for maintenance and repairs. . . . . . . . . . . . . . . . . . III 601 terms and conditions of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . III 619 vesting title to state lands in board. . . . . . . . . . . . . . . . . . . . . III 616 LEVY, See TAXATION. LIABILITIES, See DEBT; OBLIGATIONS. assumption of liabilities by state and political corporations prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 limitation of legislature's authority to contract. . . . . . . . . . . II 343, 344 release or extinguishment of liabilities to state, parishes or municipal corporations by legislature prohibited. II 383,383 Sureties of assessor or collector of taxes, special and local laws granting relief from, prohibited. . . . . . . . . . . . . II 337 State or political corporation not to assume, of any person, association or corporation. . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 to state, release or extinguishment of, by legislature, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383 where newly enlarged or created parish liable for. . . . . . . . III 309, 309 LIABILITY ACT, employer's, inapplicability of Supreme Court appellate - jurisdiction in cases under. . . . . . . . . . . . . . . . . . . . . . . II 619 LIBEL, See FREEDOM OF SPEECH AND PRESS. criminal, truth admissible in evidence. . . . . . . . . . . . . . . . . . . II 9, 9 immunity of legislators from responsibility for . . . . . . . . . . . II 127, 128 proceedings or prosecutions for, truth thereof may be given in evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 responsibility for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 right to damages for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 truth may be put in evidence on trial of . . . . . . . . . . . . . . . . II 9, 9 LIBERANDI CAUSA, prescription, to run against state. . . . . . . . . . . . . . . . . . . . . . . II 179, 179 LIBERTIES, PREAMBLE, deprivation of, without due process of law. . . . . . . . . . . . . . II 8, 8 of the press, laws curtailing or restraining prohibited. . . . II 9, 9 of speech, laws curtailing or restraining prohibited. . . . . . II 9, 9 to publish sentiments on all subjects. . . . . . . . . . . . . . . . . . . . II 9, 9 to speak, write or publish, responsibility for abuse of . . . . II , 9, 9 to write sentiments on all subjects. . . . . . . . . . . . . . . . . . . . . . II 9, 9 LIBRARIES, state library, appropriation for maintenance and enlarge- - ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 790 LICENSES, unpaid, claims and preferences for, prescription date. . . . . III 205, 205 LICENSE TAX, See OCCUPATIONAL LICENSE TAx; TAXATION. banking institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. Vol. IV Index Part I Provisions of Present Constitution and Projet LICENSE TAX, (continued) classification or graduation authorized. . . . . . . . . . . . . . . . . . insurance companies, dedicate to L. S. U. and A. & M. College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . parishes and municipalities, prohibition against levying on Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . part for Highway Fund No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . persons subject to exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . political subdivision’s right to levy. . . . . . . . . . . . . . . . . . . . . . exceptions and limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . when prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LIENS, for taxes, when prescribed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . LIEUTENANT GOVERNOR, See EXECUTIVE DEPARTMENT; PRESIDENT OF THE SENATE. acting as governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . age requirement for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . canvass of vote for, by legislature. . . . . . . . . . . . . . . . . . . . . . casts deciding vote in case of tie. . . . . . . . . . . . . . . . . . . . . . . . commencement of term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . compensation, other than fixed by legislature, prohibited. . duties and powers, in event of incapacity of governor. . . . duties with regard to pardons, commutation, and remission of fines and forfeitures. . . . . . . . . . . . . . . . . . . . . . . . . . election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tie vote, method of election by legislature. . . . . . . . . . . . . . excepted from general provisions for impeachment and removal from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ex-officio president of Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . first in order of succession to office of governor. . . . . . . . . . . holding ; under United States at time of election pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . how vacancies in office of lieutenant governor filled. . . . . . . member of executive department. . . . . . . . . . . . . . . . . . . . . . . office of, excepted from classified civil service. . . . . . . . . . . . powers and duties, membership on Board of Liquidation of the State Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . presiding officer of Senate, with casting vote. . . . . . . . . . . recommendation to governor to grant pardons, commute sentences, remit fines and forfeitures. . . . . . . . . . . . . when succeeding governor, same as those of governor. . president of the Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . qualifications for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . recommendations to governor concerning the granting of clemency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . salary when acting as governor. . . . . . . . . . . . . . . . . . . . . . . . state citizenship, requirement of . . . . . . . . . . . . . . . . . . . . . . . . succession to governorship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tie vote, selection by legislature. . . . . . . . . . . . . . . . . . . . . . . . . LIFE, deprivation of, without due process of law. . . . . . . . . . . . . . . double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LIFE INSURANCE COMPANIES, legal reserve of, exempt from taxation. . . . . . . . . . . . . . . . . . Volume III II III II II III III III III Page” 190 3.18 231 239 189, 190 190 250 205 205 427 467, 467 427, 427 441, 443 489, 489 440, 441 444 472 463 428,441 442 116 428,428 489, 489 467, 467 428 92 507 428,428 579 212 489 463 472 489 428,428 463 444, 472 472, 472 427 467, 467 427, 428,441 440, 441, 443 8, 8 19, 19 180, 180 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1122 Vol. IV tº ſº e tº ge Index Provisions of Present Constitution and Projet Part I Volume Page” LIGHT, See ELECTRICITY. certificates of indebtedness may be issued by city of New Orleans for lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 335 LIGHTING DISTRICTS, creation of, with authority to levy special taxes for light- ing roads and streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 369 LIMITATIONS AND DUTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 LIQUEFIED PETROLEUM GAS COMMISSION, “bonded liquefied petroleum gas dealers” defined. . . . . . . . . II 517 compelling attendance of witness. . . . . . . . . . . . . . . . . . . . . . . II 517 domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e tº e II 517 exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 “Liquefied petroleum gases” defined. . . . . . . . . . . . . . . . . . . . . II 517 meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº G II 517 members, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 bonded dealer disqualified. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 confirmation of appointments by senate. . . . . . . . . . . . . . . II 517 selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 term of office. . . . . . . . . . . . . . . . . . . . . . . . . © e s tº º e º º e e º O & © II 517 power to sue and to be sued. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 production of books and papers. . . . . . . . . . . . . . . . . . . . . . . . II 517 punishment for contempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 QUlOTulm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e & II 517 rules and regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 violations of rules, penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 517 LIQUIDATION, See BOARD OF LIQUIDATION OF STATE DEBT. LIQUIDATOR'S OF CORPORATIONS, cases involving, district court to have exclusive original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 LIVESTOCK, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 177, 177 rural homestead, exemption from seizure and sale on process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 LOANS, See NEW ORLEANS ; STATE FINANCES. Board of Commissioners of Port of New Orleans, approval of by governor and auditor. . . . . . . . . . . . . . . . . . . . . . III 645 Board of Liquidation of State Debt, authorized to borrow, how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 by life insurance companies to policyholders, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 179, 179 city of New Orleans authorized to make. . . . . . . . . e e º ſº tº gº tº IV 360 how certain loans made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 332 may make loans to railroad companies. . . . . . . . . . . . . . . . . . IV 360 of public funds, credit or property prohibited . . . . . . . . . . . . II 354 port, harbor and terminal districts may borrow money. . . . III 392, 393,668 public calamity, loans to parish by state. . . . . . . . . . . . . . . . III 200 repayment of, from surplus in State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 secured by mortgage or pledge of property, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º III 178, 178 state market commission may underwrite, participate o guarantee certain agricultural plant loans. . . . . . . . . II 364 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1123 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume LOANS, (continued) to defray expenses of convention, amount authorized. . . . . . III appropriation for payment directed. . . . . . . . . . . . . . . . . . . III effective date of ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . III LOCAL GOVERNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III See MUNICIPAL GOVERNMENT; PAROCHIAL GOVERNMENT. adoption of home rule charter, method of . . . . . . . . . . . . . . . III forms of, legislature to provide optional plans for the organization of parochial government. . . . . . . . . . . . . III LOCAL LAW, See LAWS. enumeration of subjects on which prohibited. . . . . . . . . . . . II indirect enactment of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . II municipal charter may not be changed by, exceptions. . . . . III notice of intention, prerequisite to passage. . . . . . . . . . . . . . II publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against passage of, on certain subjects. . . . . . II repeal of, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II requirements for passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II LOCOMOTIVES, See RAILROADS. LODGES AND SOCIETIES, exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III LOTTERIES, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II LOTTERY TICKETS, sale of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II LOUISIANA, See STATE. LOUISIANA BOARD OF INSTITUTIONS, See BOARD OF INSTITUTIONS. LOUISIANA COLLEGE, president of, to nominate members of civil service com- mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III LOUISIANA HIGHWAY COMMISSION, Board of Liquidation authorized to apportion one cent gasoline tax to, and issue bonds therefor. . . . . . . . . . II proceeds from bonds shall be devoted exclusively to high- WayS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II LOUISIANA HISTORICAL SOCIETY, nominates members for Vieux Carre Commission. . . . . . . . III LOUISIANA MERIT SYSTEM COUNCIL LAW, personnel under, to retain status upon adoption of con- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III LOUISIANA POLYTECHNIC INSTITUTE, See STATE HIGHER INSTITUTIONS OF LEARNING. LOUISIANA PUBLIC SERVICE COMMISSION, appeals from orders of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bond not required when commission appeals. . . . . . . . . . . . . II contesting orders of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II districts established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II district judge may grant temporary restraining order. . . . II domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 763 763 763 235 249 295 387, 388 394, 394 245 384, 385 384 387, 388, 555 394, 394 385, 385 168, 173 409, 409 409, 409 511 591 398 398 398 398 396, 397 396, 400 398 397 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1124 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” injunction, notice required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 orders, imposition of penalties. . . . . . . . . . . . . . . . . . . . . . . . . . II 398 remain in force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 penalties for violating rates, tolls, fares, charges, orders or decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 399 person owning stock or bonds in public utilities prohibited from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 political subdivision may surrender or reinvest public utility to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 400 preference on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 right of legislature to place public utilities under. . . . . . . . II 398 rules and regulations, power to adopt. . . . . . . . . . . . . . . . . . II 398 Secretary and other employees. . . . . . . . . . . . . . . . . . . . . . . . . . II 397 state board of education members to be elected from dis- tricts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425, 426 terms of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 396, 397 two members quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 LOUISIANA STATE MUSEUM, members of Vieux Carre Commission, nominated by cur- ators of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 LOUISIANA STATE NORMAL COLLEGE, See STATE HIGHER INSTITUTIONS OF LEARNING. LOUISIANA STATE PENITENTIARY, See PENITENTIARY. LOUISIANA STATE UNIVERSITY AND AGRICUL- TURAL AND MECHANICAL COLLEGE, See STATE UNIVERSITY AND AGRICULTURAL AND MECHANI- CAL COLLEGE. Board of Supervisors of, provisions relating to. . . . . . . . . . III 426,429 funds for support appropriated. . . . . . . . . . . . . . . . . . . . . . . . II 318 legislature to create governing body for . . . . . . . . . . . . . . . . . III 429 president of, to nominate members to Civil Service Com- mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 provision for funding some of its debts. . . . . . . . . . . . . . . . . . II 236 tax levied for support of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 318 to receive portion of insurance taxes. . . . . . . . . . . . . . . . . . . . II 318 LOUISIANA TAX COMMISSION, See TAXATION ; TAX COMMISSION. appointment of less than one year, no senate confirmation required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140, 141 appointment to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 first under constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 appointment to unexpired term. . . . . . . . . . . . . . . . . . . . . . . . . III 140, 141 assessment by, for use of ad valorem tax. . . . . . . . . . . . . . . . III 145 composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140, 141 members to be appointed from Public Service Commission districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140, 141 power and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 qualifications of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 term of office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 LOUISIANA TRAINING INSTITUTE, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II ‘531 LoujśNA WILDLIFE AND FISHERIES COMMIS- ION, See WILDLIFE AND FISHERIES COMMISSION. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1125 Vol. IV Ind e e . * = a º º jº Provisions of Present Constitution and Projet Volume LOYOLA UNIVERSITY, president appoints member of removal commission for Board of Commissioners of the Port of New Or- leans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III president of, to nominate members to Civil Service Com- mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III M MAGISTRATES, See CHIEF MAGISTRATE. MANDAMUS, civil service regulations, enforcement. . . . . . . . . . . . . . . . . . . III right of judges and courts to issue writs of . . . . . . . . . . . . . . II MANDATORY DUTY, failure to carry out, cause for impeachment of governor. . II MANUAL LABOR, See LABOR. MANUFACTORIES, employment of convicts in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MANUFACTURING, prohibition against local or special laws regulating. . . . . . . II regulation of, special and local laws on, prohibited. . . . . . II MAPS, furnishing, to aid in assessment of real property. . . . . . . . . III state paved highways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MARGINAL NOTES, not part of constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III MARITIME SERVICE, service in, loss of voting residence because of, prohibited. III MARKET COMMISSION, STATE, may underwrite, participate or guarantee certain agricul- tural plant loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MARKETING, agricultural products, facilities for, state not to be denied power to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MARKETS, See NEW ORLEANS. MARRIAGES, judges of first city court, Orleans Parish, empowered to celebrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MASCULINE GENDER, refers to both sexes in constitution. . . . . . . . . . . . . . . . . . . . . III MASTER AND SERVANT, child labor, hours and working conditions, girls. . . . . . . . . . II MATERIALMEN'S LIEN, homestead subject to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MATERNITY HOSPITAL AT BATON ROUGE, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II MAYORS, appeal of judgment to district court. . . . . . . . . . . . . . . . . . . . II legislature may vest certain jurisdiction in. . . . . . . . . . . . . . II offices appointed by, when excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 511 529 580, 580 482 410,411 387, 388 387 202 526 754,754 43 364 364 710 747 394 35 531 703 707 579 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1126 Vol. IV tº e o e tº I Provisions of Present Constitution and Projet E.; Volume Page” MECHANICAL WORKERS, occupational license tax not to be levied against. . . . . . . . . . III 189, 190 MECHANICS’ LIEN, homestead subject to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 MEDICAL TREATMENT, right of inmate of institution to decline. . . . . . . . . . . . . . . . . . HI 531 MEDICINE, See STATE MEDICINE. II 516 MEDIUM OF COMMUNICATION, See TRANSPORTATION. MEETINGS, LEGISLATIVE, See LEGISLATURE. MEMBERS OF CONGRESS, election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 58 MEMBERS OF THE BAR, disbarment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 616 membership on circuit court of appeal judicial commission. II 770 membership on Supreme Court judicial commission. . . . . . II 770 written request for removal of judges of courts of record 114 e e s e e º e e º e º e º e e s e e s e s is e e º e s e e º & e º 'º e e º º e s º e º e III written request for removal of judges of Supreme Court y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - III 113 MEMBERS OF THE LEGISLATURE, See LEGISLATORS.; REPRESENTATIVES; SENATORS. MEMORIAL HALL, appropriation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 322 repository for relics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 322 MERCHANDISE, debts due for, exempt from taxation. . . . . . . . . . . . . . . . . . . . III 179, 179 MERGER, See CONSOLIDATION. or parish into contigous parish, majority vote required. . . . III 307, 307 MERIT, classified civil service to be based upon. . . . . . . . . . . . . . . . . . III 582 MERIT SYSTEM, See CIVIL SERVICE. MERIT SYSTEM COUNCIL LAW, personnel under, to retain status upon adoption of con- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 591 MESSAGES, by governor to legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 452, 452 MILEAGE, of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 MILITARY, members of, excepted from classified civil service. . . . . . . . . III 579 subordinate to the civil power. . . . . . . . . . . . . . . . . . . . . . . . . . II 28, 28 MILITARY ORGANIZATION, property used by, exempt from taxation. . . . . . . . . . . . . . . . III 172 MILITARY POSTS, See ARMY. MILITARY POWER, subordinate to civil power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 28, 28 MILITARY RECORDS, preservation and safe-keeping required. . . . . . . . . . . . . . . . . . II 455 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1127 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume MILITARY SERVICE, loss of voting residence because of, prohibited. . . . . . . . . . . . III presence in state while in, does not give voting residence.. III retirement system, exemption from . . . . . . . . . . . . . . . . . . . . .* II MILITARY USES, See ARMY. MILITIA, See ARMED FORCES. adjutant general, appointment. . . . . . . . . . . . . . . . . . . . . . . . . II capital crime, no indictment or presentment by grand jury necessary in time of war or public danger when in actual service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II governor commander in chief. . . . . . . . . . . . . . . . . . . . . . . . . . II legislature to provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II necessary to the security of a free state. . . . . . . . . . . . . . . . II organization and discipline, rules governing. . . . . . . . . . . . . II. property belonging to, exempt from taxation. . . . . . . . . . . . III purposes for which, may be called out. . . . . . . . . . . . . . . . . . II quartering of armed forces in houses in time of peace, consent of owners required. . . . . . . . . . . . . . . . . . . . . . II records, etc., preserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right of people to keep and bear arms. . . . . . . . . . . . . . . . . . II when no indictment or presentment necessary in capital cases arising in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MILK, authorizing legislature to require distributors, etc., of milk and milk products to furnish bond for certain causes II MILK AND MILK PRODUCTS BUYERS, bond may be required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bond to be furnished by manufacturer. . . . . . . . . . . . . . . . . . II MINERAL CODE, - adoption provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MINERAL CODE COMMISSION, - powers and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MINERAL LEASES, royalties, amount allotted to parishes. . . . . . . . . . . . . . . . . . . II MINERAL REVENUES, collected beyond three mile limit, property of state. . . . . . II MINERAL RIGHTS, leasing of land for, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . II on property sold by state to be reserved. . . . . . . . . . . . . . . . . II no reservation of mineral rights on tax redemption. . . . . . II reservation, alienation of public lands. . . . . . . . . . . . . . . . . . II reservation by state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MINERALS, board of liquidation of state debt to fund into bonds roy- alties received, to provide funds for charitable and correctional institutions . . . . . . . . . . . . . . . . . . . . . . . . . II lease of lands adjudicated to state for taxes. . . . . . . . . . . . II ten per cent from leases to be placed to credit of parish royalty road fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MINES AND MINING, Severance tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 43 369 455 19 453, 453, 455 455 455 17, 17 455 172,172 455 17, 17 455 17, 17 19, 19 191 191 187 190 190 227 235 351 351 351 351, 351 351, 351 231 351 227 313 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1128 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” MINIMUM WAGES, laws establishing, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . II 394 MINISTERS OF RELIGION, drawing money from public treasury to aid, prohibited... II 336,336 occupational license tax not to be levied against. . . . . . . . III 189, 190 residences of, exempt from taxation. . . . . . . . . . . . . . . . . . . . III 165, 165 MINORS, emancipation of, special and local laws authorizing, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 estates of, special and local laws affecting, prohibited. . . . II 387, 388 their funds may be invested in certain securities by their tutors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 343, 347 tutorship of, suits involving, appellate jurisdiction of Su- preme Court in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 625 MISCONDUCT, gross, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . III 109, 109 as cause for impeachment of governor. . . . . . . . . . . . . . . . II 482 members of bar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 616 MISDEMEANORS, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 109, 109 as cause for impeachment of governor. . . . . . . . . . . . . . . . . . II 482 authority of district judge to try. . . . . . . . . . . . . . . . . . . . . . II 740 district judges to have authority to try at any time. . . . . . II 739 prosecution of, on affidavits. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 trial without jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 740 MISSISSIPPI RIVER, authorization for bridge at or near New Orleans across. . IV. 354 bridges across, exemption from taxation, limitation. . . . . . III 225 MISSISSIPPI RIVER BRIDGE. . . . . . . . . . . . . . . . . . . . . . . . . II 239 MISTRIAL, former jeopardy, rule inapplicable. . . . . . . . . . . . . . . . . . . . . . II 19, 19 MOBILE EQUIPMENT, of common or contract carriers, ad valorem tax may be levied against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 145, 145 to be assessed by tax commission. . . . . . . . . . . . . . . . . . . . . III 145, 145 to be taxed for state purposes only. . . . . . . . . . . . . . . . . . . III 145, 145 MODIFICATION, of municipal charter, prohibited by special or local law. . . III 245 of special legislative charter, by special or local law, when permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 MONEY, See APPROPRIATIONS; PUBLIC FUNDs; REVENUE; STATE FINANCES. bills appropriating, must originate in house of represent- atives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132 senate may propose and concur in amendments. . . . . . . . II 132 custody and safekeeping of, responsibility of treasurer... II 493 on hand or on deposit, exempt from taxation. . . . . . . . . . . . III 178, 178 Port of New Orleans, power to borrow. . . . . . . . . . . . . . . . . . III 647 refunding of, special and local laws refunding moneys legally paid into treasury, prohibited. . . . . . . . . . . . . II 387 special and local laws regulating the raising of money for management of public schools, prohibited . . . . . . . . . . II 387 MONOPOLIES, attorney general, enforcement of provision against for- mation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 40 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1129 Vol. IV | d tº º © e G jºi Provisions of Present Constitution and Projet e Volume MONOPOLIES, (continued) constitution prohibition self-operative. . . . . . . . . . . . . . . . . . . II district attorney, enforcement of provision against forma- 10n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II in restraint of trade prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II laws prohibiting, shall be enacted by legislature. . . . . . . . . . II III ouster of corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II trusts and combinations prohibited. . . . . . . . . . . . . . . . . . . . . . II MONROE, .. municipality of, to be treated as parish for school tax purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - III Ouachita Parish relieved from per capita for children within limits of city. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Ouachita Parish taxing jurisdiction. . . . . . . . . . . . . . . . . . . . III school taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III MONUMENTS, legislature authorized to erect memorial. . . . . . . . . . . . . . . . II provision authorizing preserving character of . . . . . . . . . . . . III MOTOR FUEL TAX OF STATE, bonding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II monthly settlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II refunds, aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II boats transporting school children. . . . . . . . . . . . . . . . . . . . II commercial fishing boats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II farm tractors or machinery. . . . . . . . . . . . . . . . . . . . . . . . . . II method of obtaining. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II MORTGAGES, See NEW ORLEANS; RECORDER OF MORTGAGES. board of commissioners of the port of New Orleans, power to execute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III inscription of mortgages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III on immovable property must be recorded. . . . . . . . . . . . . . . . III on public utilities, bonds for public utilities to be secured OIl . . . . . . . . • e º e s e e s e o e < * * * * * * * * * * * * * * * * * * * * * * * * III parish recorder of, clerk of court to be ex officio. . . . . . . . . . II MOTHERS AND CHILDREN, See PENSIONS; SOCIAL WELFARE. system for aid and welfare of authorized. . . . . . . . . . . . . . . . II MOTHERS’ PENSIONS, See PENSION. e maintenance by state provided for. . . . . . . . . . . . . . . . . . . . . . II MOTION, Q e in arrest of judgment sustained, prohibition against double jeopardy inapplicable to . . . . . . . . . . . . . . . . . . . . . . . . . II MOTOR FUEL, See TAXATION. defined for tax purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II refund of tax when used in commercial fishing boats, farm tractors and farm machinery. . . . . . . . . . . . . . . . . . . . II MOTOR FUEL, PARISH TAXES, power to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III MOTOR VEHICLES, annual license tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 40 40 40 396 50, 277 40 40 464 464 349 464 322 324 239 296 292 299 239 239 239 239 239 659 205 205, 205 333 764 374 374 19, 19 292 239 278 239 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1130 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” automobiles for private use, license tax. . . . . . . . . . . . . . . . . II 239 allocating portion of proceeds from sale of license plates in certain parishes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 common carrier license fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 except common or contract carrier, exempt from taxation III 181, 181 graded license on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 license fees deposited monthly with state treasurer for - highway funds . . . . . . . . . . . . . . . . . . . . . & © tº º e g g g º e e e II 239 minimum license fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 motorcycles, annual license fee. . . . . . . . . . . . . . . . . . . . . . . . . II 239 prohibition against parishes or municipalities levying li- cense tax on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 231 trucks, included in homestead exemptions. . . . . . . . . . . . . . . . II 35 MOVABLE PROPERTY, See PROPERTY. privileges on, to exist without recordation. . . . . . . . . . . . . . . III 205 MUNICIPAL, charter, not to be changed by local or special law, excep- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 election, right to vote only when resident of municipality.. III 41 office, appointment by governor to fill vacancy. . . . . . . . . . . . II 478 officers, method of removal of . . . . . . . . . . . . . . . . . . . . . . . . . . III 116 special legislative charter, changing of, by special or local law, when permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 245 taxes, sheriff may be authorized to collect. . . . . . . . . . . . . . . II 761 MUNICIPAL BOARDS OF HEALTH, See BOARDS OF HEALTH. MUNICIPAL CHARTERS, may authorize sheriff to collect municipal taxes. . . . . . . . . . II 761 recognition of existing charters. . . . . . . . . . . . . . . . . . . . . . . . III 750 to continue in force until superseded under provisions of Article X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 750 MUNICIPAL CORPORATIONS, See CORPORATIONS; MUNICIPALITIES; NEW ORLEANs; Po- LITICAL CORPORATIONS. aid to business enterprises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 277 limitation on amount of tax. . . . . . . . . . . . . . . . . . . . . . . . . . III 277 voting tax with which to pay aid. . . . . . . . . . . . . . . . . . . . . . III 277 bonds payable in annual installments. . . . . . . . . . . . . . . . . . . . III 385 bridges, power to build. . . . . . . . . . . . . . . . . . & © tº tº e º e º e º & © tº e II 521 carrying on business of private concern prohibited. . . . . . . II 354 charters withdrawing from taxing jurisdiction of parish. . III 349 charter provisions unrepealed, city of Monroe excepted. III 349 civil service, cities of over 100,000. . . . . . . . . . . . . . . . . . . . . . III 511 collection of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269,270 contribution toward construction of highways. . . . . . . . . . . . II 521 debts, power to contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364 elections, qualification of voters. . . . . . . . . . . . . . . . . . . . . . . . III 97 exemption of new industries from taxation. . . . . . . . . . . . . . III 232 expropriation of property for levee purposes, cities of over 2 v * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * III 606 gasoline tax prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 278 holding stock in private corporations, prohibited. . . . . . . . . II 354 ice factories, right to operate. . . . . . . . . . . . . . . . . . . . . . . . . . III 335 election on question. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 335 issuance and sale of bonds, terms and conditions. . . . . . . . III 387 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1131 Vol. IV Index e e tº wº Part i Provisions of Present Constitution and Projet Volume Page” MUNICIPAL CORPORATIONS, (continued) jurisdiction of officers over violation of ordinances. . . . . . . . II 707 legislative authority to levy tax to pay bonds. . . . . . . . . . . . III 385 limitations on indebtedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 375 pledge of income of revenue-producing utilities not in- cluded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 333 liquor license may be levied. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 190 loan of credit prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . III 385 may utilize charitable institutions for destitute persons. . . II 361 navigation canals, right to acquire property. . . . . . . . . . . . . . III 310 parish taxes in cities of over 1,000. . . . . . . . . . . . . . . . . . . . . . III 349 application of section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 limitation on levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 Orleans Parish excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 poor relief, right to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 361 power to levy taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269, 269 publicly owned revenue-producing utilities. . . . . . . . . . . . . . . III 333, 333 pledge of income and revenue to pay bonds. . . . . . . . . . . . III 333 purposes for which taxes may be levied. . . . . . . . . . . . . . . . . III 269, 270 refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . II 383 release of debt, liabilities or obligations to municipal cor- porations by legislature prohibited. . . . . . . . . . . . . . . . . . . . II 383 retention or surrender of powers over utilities. . . . . . . . . . . . II 400 election required to surrender. . . . . . . . . . . . . . . . . . . . . . . . II 400 resumption of powers, after surrender, election. . . . . . . . II 400 vesting of powers in public service commission. . . . . . . . II 400 right to consolidate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 322, 322 riparian owners’ rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 cities of over 5,000 inhabitants. . . . . . . . . . . . . . . . . . . . . . . III 609, 610 port of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 school tax levies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 sewer assessments, conferring power to levy by legisla- ture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 sewerage district, right to create. . . . . . . . . . . . . . . . . . . . . . . III 367 sidewalk assessments, conferring power to levy by legis- ture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 special taxes to refund bonds in case of consolidation. . . . . III 322 state and other political corporations prohibited from as- suming liabilities of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 street assessments, conferring of power to levy by legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 tax rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 additional levy, legislature's right to authorize. . . . . . . . . III 276 tax to pay bonds, power to compel levy. . . . . . . . . . . . . . . . . . III 385 taxes levied for Schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 unauthorized contracts, legislature without power to ratify II 387 vehicle tax, prohibition against levy. . . . . . . . . . . . . . . . . . . . III 231 voting by proxy prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 97 zoning ordinances, power to enact. . . . . . . . . . . . . . . . . . . . . . III 324, 324 MUNICIPAL COURT OF NEW ORLEANS, jurisdiction, to remain the same until legislature creates municipal courts under constitution. . . . . . . . . . . . . . . III 745 provisions concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 MUNICIPAL COURTS, See CITY COURTS. city courts, jurisdiction, to remain the same until legis- lature creates municipal courts under constitution. . III 745 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1132 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” creation of, failure of legislature to provide, effect of.... III 745 judges, incapacitated, provisions for retirement of . . . . . . . II 583 ... provisions for examination by physician. . . . . . . . . . . . . . II 583 judicial power vested in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553 jurisdiction, to be transferred to district courts upon failure of legislature to provide, as required by constitution. . . . III 745 law enforcement officers of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 legislature may create and define powers and jurisdiction. II 706 Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 714 qualifications of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 706 retirement of judges, provisions for. . . . . . . . . . . . . . . . . . . . . II 583 Selection of judges, creation of municipal courts not to prevent selection of present judges. . . . . . . . . . . . . . . III 745 to be court of record, exception. . . . . . . . . . . . . . . . . . . . . . . . II 557 where district court has jurisdiction of appeals from..... II 702 MUNICIPAL GOVERNMENT, consolidations, majority vote of parish electors required. . III 298 provisions for city-parish home rule charter. . . . . . . . . . III 298 where adjoining parishes, majority vote of electors of each municipality required. . . . . . . . . . . . . . . . . . . . . . . III 298 within parish authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 forms of, legislature to provide optional plans for the or- ganization of parochial government. . . . . . . . . . . . . . . III 295, 296 MUNICIPAL OFFICERS, legislature may vest certain jurisdiction in . . . . . . . . . . . . . . II 707 MUNICIPAL ORDINANCES, jurisdiction of mayor and officials, to try violations of . . . . II 707 MUNICIPAL SCHOOL BOARDS, legislature to provide for creation and election of . . . . . . . . III 458, 458 required to levy ad valorem school tax. . . . . . . . . . . . . . . . . . III 464 under control and supervision of state board of education and legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 458, 458 under local laws, recognized. . . . . . . . . . . . . . . . . . . . . . . . . . . III 458 MUNICIPALITIES, See CITIES; MUNICIPAL CORPORATIONS; POLITICAL CORPORA- TIONS: TOWNS ; VILLAGES. airports, authorization to create. . . . . . . . . . . . . . . . . . . . . . . . III 324 authority for local and special laws regarding charters of, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 authorized to regulate heights of buildings near airports. . III 324, 324 authorized to zone their territory. . . . . . . . . . . . . . . . . . . . . . . III 324, 324 bond issues—purpose for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 364 civil service in certain municipalities. . . . . . . . . . . . . . . . . . . III 511 consolidation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 322, 322 election required, where legislation applicable to fewer than five . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 266 exercise of necessary or proper power permitted. . . . . . . . III 269, 269 expropriate wharves and buildings on banks of navigable waters, right to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 issuance of negotiable bonds, when authorized. . . . . . . . . . . III 311 legislature may authorize municipalities to vote special taxes in aid of certain public utilities. . . . . . . . . . . . III 277 limitation of taxation by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 3.71 may be classified according to population. . . . . . . . . . . . . . . . III 266 may incur debt, when authorized. . . . . . . . . . . . . . . . . . . . . . . III 311 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1133 Vol. V Index tº º e wº tº Part I Provisions of Present Constitution and Projet Volume MUNICIPALITIES, (continued) may own and operate ice factories. . . . . . . . . . . . . . . . . . . . . . III navigation canals, may acquire property for. . . . . . . . . . . . . III prohibition against grant of extra compensation, fees or ... allowances by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against local or special laws legalizing unau- , thorized or invalid acts of officers, etc., of . . . . . . . . . . II prohibition against local or special laws authorizing con- ... struction of street passenger railroads in......... . II prohibition against payment of unauthorized claims against II public utility mortgage bonds. . . . . . . . . . . . . . . . . . . . . . . . . . III right to choose governing authority at elections. . . . . . . . . III right to expropriate wharves and buildings on banks of navigable waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III right to incur debt and issue bonds. . . . . . . . . . . . . . . . . . . . . III right to levy taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III riparian owners in, maintain wharves and buildings on battures and banks, permitted. . . . . . . . . . . . . . . . . . . . III Shreveport, city charter commission. . . . . . . . . . . . . . . . . . . . III withdrawal of legislative authority. . . . . . . . . . . . . . . . . . . . . III zoning authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III MUNICIPALITY, definition of, as used in constitution. . . . . . . . . . . . . . . . . . . . III MUSEUM, See LOUISIANA STATE MUSEUM. property constituting, exempt from taxation. . . . . . . . . . . . . III N NAMES, changing of, special and local laws concerning, prohibited. . II NAPHTHA, See MoTOR FUEL; MotoR FUEL TAx of STATE. defined for tax purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II refund of tax when used in commercial fishing boats, farm tractors and farm machinery. . . . . . . . . . . . . . . . . . . . II NATATORIUMS, property constituting, exempt from taxation. . . . . . . . . . . . . III NATIONAL BOARD OF FIRE UNDERWRITERS, liquefied petroleum gas commission may adopt regulations II NATIONAL FIRE PROTECTION ASSOCIATION, liquefied petroleum gas commission may adopt regulations II NATIONAL FORESTS, See FOREST. NATIONAL GUARD, state, property used by, exempt from taxation. . . . . . . . . . . III NATIONAL PARKS, See PARKS. NATURAL CATASTROPHIES, provision for, three-fourths affirmative vote of legislature not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II NATURAL GROWTH, objects gº near airport, authorization to regulate heights OI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III NATURAL RESOURCES, departments having authority . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 335 310 380, 380 387, 388 387, 388 380, 380 333 282 610 312, 364 269 609, 610 263 349 324, 324 337 173, 173 387, 388 292 239 173 517 517 172, 172 343 324, 324 512 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1134 Vol. IV Provisions of Present Constitution and Projet gº Volume Page” legislature shall enact laws to protect, etc.. . . . . . . . . . . . . . II 508 placed under Department of Wild Life and Fisheries, Forestry Commission and Department of Conser- Vation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 508 Severance tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 NATURAL RIGHT, See RIGHTS. NATURAL WATERWAYS, See NAVIGATION; NAVIGABLE WATERS. NATURE OF CRIME, See CRIME. NAVAL FORCES, members of, excepted from classified civil service. . . . . . . . III 579 NAVIGABLE BODY OF WATER, prohibition against alienation of beds of, by legislature. . II 351 NAVIGABLE WATERS, See CANALS; HARBORS; NAVIGATION; NAVIGATION DIS- TRICTs; RIVER IMPROVEMENT DISTRICTs; RIVERs. expropriate wharves and buildings on banks of, right of municipalities to . . . . . . . . . . . . . . . . . . . . . . . . ë e º e º 'º e III 609, 610 how fees fixed for use of wharves and buildings on banks. III 609, 610 prohibition against alienation of beds of . . . . . . . . . . . . . . . . II 351, 351 riparian owners on navigable waters in Port of New Or- leans may maintain wharves and buildings on bat- tures and banks of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 NAVIGATION, See NAVIGABLE WATERS. donations and conveyances by State and its agencies, po- litical corporations and subdivisions to United States for improvement and maintenance of navigation permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362,362 erection and maintenance of improvements on banks and battures for commerce, provisions relating thereto. . III 609 NAVIGATION AND RIVER IMPROVEMENT DIS- TRICTS, election to authorize levy of tax. . . . . . . . . . . . . . . . . . . . . . . III 392 financial cooperation with U. S. government. . . . . . . . . . . . . III 392 legislature empowered to authorize creation. . . . . . . . . . . . . III 392 levee boards, authority unaffected. . . . . . . . . . . . . . . . . . . . . . : III 393 purposes for which created. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392 taxes, power to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392 NAVIGATION CANAL, See CANALS. bond issue for construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 647 exemption from taxation of industrial plants, limitation. . III 217 general provision relating to. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 652 leasing out of land acquired for construction. . . . . . . . . . . . . III 653, 654 limitation on amount of bonds issuable. . . . . . . . . . . . . . . . . . III 647 municipalities empowered to acquire property for... . . . . . III 310 parishes empowered to acquire property for. . . . . . . . . . . . . III 310 right of way, for the construction of, power of state to grant not to be denied by limitation on use of state credit, funds, or property, Article IV, Section 11(A) II 366 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1135 Vol. IV |..." Provisions of Present Constitution and Projet Volume NAVIGATION COMPANIES, becoming property of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . II exemption from taxation, linitation. . . . . . . . . . . . . . . . . . . . . III public aid, tax levy, limitation on amount. . . . . . . . . . . . . . . . III rights in streams of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II NAVIGATION DISTRICTS, authority for local and special laws regarding charters of II may cooperate financially with United States. . . . . . . . . . . . III may levy taxes. . . . . . . . . . . . e e º e º e o O e º e º e º e º e o ºs e e e º e º e º e III political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . III NAYS, See YEAS AND NAYS. NEEDY, System of economic security and social welfare for, legis- lature not to be denied power to provide. . . . . . . . . . II NEGLECT OF DUTY, as cause for impeachment of governor. . . . . . . . . . . . . . . . . . II NEGLECTED CHILDREN, jurisdiction of juvenile court. . . . . . . . . . . . . . . . . . . . . . . . . . . II NEGOTIABLE OBLIGATIONS, See EVIDENCES OF INDEBTEDNESS. NEGROES, separate schools, maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . III NEW BASIN CANAL AND SHELL ROAD, alienation of ownership or control by state prohibited. . . . . . III sale or closing of part of New Basin Canal authorized. . . . . III State not to divest itself of title to. . . . . . . . . . . . . . . . . . . . . . III under certain conditions may be closed. . . . . . . . . . . . . . . . . . III NEW INDUSTRIES, exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III election on question provided for . . . . . . . . . . . . . . . . . . . . . . III maximum period of time of exemption. . . . . . . . . . . . . . . . . III municipalities right to exempt. . . . . . . . . . . . . . . . . . . . . . . . III parishes, right to exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III NEW MATTER, introduction at second split session prohibited, except by two-thirds vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II NEW ORLEANS, See BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANs; BOARD OF LIQUIDATION, CITY DEBT; ORLEANS LEVEE DISTRICT; PARISH OF ORLEANs; PAVING; PORT OF NEW ORLEANS; PUBLIC BELT RAILROAD; SEWERAGE AND WATER BOARD OF THE CITY OF NEW ORLEANs; VIEUX CARRE. Act 19 of 1906 and Act 116 of 1908 relative to certain bonds of city ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV annual session of Supreme Court to be held in . . . . . . . . . . . . II assessors provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III authorized to acquire property in Vieux Carre. . . . . . . . . . . . III authorization for bridges across Mississippi River at or near New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV authority to issue tax anticipation certificates or warrants IV belt railroad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV alienation or hypothecation prohibited. . . . . . . . . . . . . . . . . IV Page” 39 216 277 39 388 392 392 392 383 374 482 730 419,419 351 351 351 351 232 32S 638 320 325 354 335 349, 350 3.49 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1136 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” bonds, amount of bonds. . . . . . . . . . . . . e e º e o 'º e s e & © tº c e g º º IV 350 issuance of bonds authorized. . . . . . . . . . . . . . . . . . . . . . . . . . IV 350 maturity date of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 350 purposes for which issuable. . . . . . . . . . . . . . . . . . . . . . . . . . IV 350 terms and condition of bonds. . . . . . . . . . . . . . . . . . . . . . . . . IV 350 control and operation vested in commission. . . . . . . . . . . . . IV 349 mayor, president of commission operating. . . . . . . . . . . . . IV 349 powers of operating commission. . . . . . . . . . . . . . . . . . . . . . . IV 349 property of people. . . . . . . . . . . © e º & © tº s º º ºs e o is º ºs º e º 'º e º ºs e e IV 349 board of levee commissioners, powers and duties. . . . . . . . . . III 611, 613 board of liquidation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 332 Act 4 of 1916, amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 332 approval of issuance of sewer, water and drainage bonds IV 341 bonds, power to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TV. 332 payment of sewerage, water and drainage bonds. . . . . . . . IV 345 power and duties of . . . . . tº gº tº * * * e º 'º e º e º e e º º e º e º & tº e e º 'º e e IV 332 borrowing money, tax anticipation. . . . . . . . . . . . . . . . . . . . . . IV 335 bridge across Mississippi River. . . . . . . . . . . . . . . . . . . . . . . . . IV 354 acquisition of land for purpose of building. . . . . . . . . . . . . IV 354 alienation or hypothecation of bridge prohibited. . . . . . . . IV 3.54 bonds, issuance, amount, terms and conditions. . . . . . . . . . IV 3.54 contract with railroad for use of bridge. . . . . . . . . . . . . . . IV 3.54 exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 3.54 incidental powers in connection with bridge. . . . . . . . . . . IV 3.54 leasing of necessary land authorized. . . . . . . . . . . . . . . . . . . IV 354 power to acquire property in connection with bridge. . . . IV 3.54 provision effected, contracts between bondholders and city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 3.54 public belt railroad commission, powers. . . . . . . . . . . . . . . . IV 3.54 public belt bridge fund bonds and notes may be issued. . . IV 354 railroads and terminals, power to operate. . . . . . . . . . . . . . IV 3.54 Security for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . IV 3.54 time limit for construction. . . . . . . . . . . . . . . . . . . . . . . . . . . IV 3.54 bridge or tunnel across inner harbor navigation canal. . . . . II 2.99 bridge, toll, across Mississippi at New Orleans. . . . . . . . . . . . II 239 certain bonds of, ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 328 certain funds for general municipal purposes. . . . . . . . . . . . . IV 346 for criminal court. . . . . . . . e e º e º & e º e s is e e s is e e s e s e e º e º e e IV 346 for parish prison. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 346 for public markets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © º e IV 346 used to pay floating debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 346 certain rights granted railroad companies by city exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 certain special tax in New Orleans, ratified. . . . . . . . . . . . . . IV 328, 145 certain special taxes payable to city. . . . . . . . . . . . . . . . . . . . . IV 3.32 city authorized to accept financial assistance from United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 city authorized to acquire and operate railroads, terminals, depots and watercraft. . . . . . . . . . . . . . . . . . . . . . . . . . . IV 3.54 city authorized to acquire, construct and operate railroad passenger stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 city authorized to borrow certain sums in certain years. . . . IV 332 in anticipation of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 332 city authorized to borrow money. . . . . . . . . . . . . . . . . . . . . . . . IV 360 city authorized to construct bridge across Mississippi River IV 3.54 city authorized to contract with railroad companies for use of city's railroad passenger stations and railroad facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1137 Vol. IV Index C & e º tº Part | Provisions of Present Constitution and Projet Volume Page” NEW ORLEANS, (continued) city authorized to issue bonds in case of emergency. . . . . . . IV 349 city authorized to issue certain bonds. . . . . . . . . . . . . . . . . . . . IV 345 city authorized to issue notes and evidences of indebtedness IV 332 city authorized to sell or lease certain lands. . . . . . . . . . . . . . IV 354 city can acquire property and make contracts for operation of railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 349 city can sell, pledge, mortgage or hypothecate property. ... IV 332 city court, Small claims, assignment of judges....... tº . & C G & II 712 city may acquire, construct and operate depots, freight terminals, classification yards, tracks and other railroad facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 city may grant leases for restaurants, stores, etc., in rail- road passenger stations. . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 city may issue bonds for sewerage, water and drainage purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 341 city may issue bonds to purchase ferries. . . . . . . . . . . . . . . . . IV 357 city may issue certificates for street paving, street widen- ing and straightening, lighting and tree planting. . . IV 335 city may lease or sell certain property. . . . . . . . . . . . . . . . . . . IV 360 city may make loans to railroad companies. . . . . . . . . . . . . . . IV 360 city may operate restaurants, stores, etc. in railroad passenger stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 city of, duty to provide pay for retired judges. . . . . . . . . . . . II 583 city of New Orleans, serial gold bonds. . . . . . . . . . . . . . . . . . . IV 345 amendment self-operative . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 348 amount of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 345 bonds made legal investment. . . . . . . . . . . . . . . . . . . . . . . . . . IV 347 emergency bonds authorized. . . . . . . . . . . . . . . . . . . . . . . . . . IV 349 execution of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 348 exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 347 funds pledged for payment. . . . . . . . . . . . . . . . . . . . . . . . . . . IV 346 issuance of bonds authorized. . . . . . . . . . . . . . . . . . . . . . . . . . IV 345 limitation on indebtedness not to apply. . . . . . . . . . . . . . . . . IV 346 maturity date of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 348 medium for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . IV 347 payment of bonds by Board of Liquidation, city debt.... IV 348 proceeds, purposes for which used. . . . . . . . . . . . . . . . . . . . . IV 346 registry and release from registry. . . . . . . . . . . . . . . . . . . . . IV 347 right to levy tax to pay bonds. . . . . . . . . . . . . . . . . . . . . . . . . IV 347 sale of bonds, publication of notice. . . . . . . . . . . . . . . . . . . . IV 348 terms and conditions of bonds. . . . . . . . . . . . . . . . . . . . . . . . IV 348 city required to levy certain special taxes. . . . . . . . . . . . . . . . IV 349, 350 city shall not expropriate existing railroad facilities. . . . . . IV 360 city to levy tax for certain bonds. . . . . . . . . . . . . . . . . . . . . . . . IV 347 city to levy tax to pay certain bonds. . . . . . . . . . . . . . . . . . . . . IV 343 city to spend at least $400,000 annually for paving. . . . . . . . IV 3.35 city's police power reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV. 360 city’s railroad passenger stations and railroad facilities exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 controlled and managed by Public Belt Railroad Com- - mission . . . . . . . . . . . . . º º e º tº e º e º 'º & © e º O & tº e º e ºs © º e º e IV 360 not to be hypothecated, leased or alienated. . . . . . . . . . . . . IV 360 city’s rights and powers reserved. . . . . . . . . . . . . . . . . . . . . . . III 616 civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 civil service laws applicable. . . . . . . . . . . . . © e > * > e º e s e e º 'º e e III 531 commission council can exempt buildings in Vieux Carre from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1138 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” commission council may confer powers and duties on Vieux Carre commission . . . . . . e e e º e s e º e º 'º e e © e º ºs e º e º º º e e III 325 conditions of use of city's railroad passenger stations and railroad facilities by Public Belt Railroad. . . . . . . . . . IV 360 control of its ferries vested in a public ferry board. . . . . . . IV 357 correction of assessment of property. . . . . e Q & e º O & G e º e © e º & IV 332 election of assessors for the city. . . . . . . . . * * * * * * * * * g e º 'º e e III 320 emergency bonds . . . . . . . . . . . e e s e e º 'º e e º e º e s e s e e s e e s e e e e IV 349 amount of bonds issuable. . . . . . . . . . . • 0 e º 'º e º s tº e º e º º e º 'º º IV 349 bonds issuable in cases of public calamity. . . . . . . . . . . . . . IV 349 expropriation of property for levee purposes, compensation paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e e º e s 6 e s e III 606, 606 ferry systems, $750,000 bonds to purchase. . . . . . . . . . . . © e º tº IV 359 first city court jurisdiction . . . . . . . . • e o a e e s e e º 'º e º e º e o e e is II 712 Salaries of judges. . . . . . . . . . . . . . e & e º e gº e e º e º e C & © e º º º º º II 712 full faith and credit of city pledged to secure certain bonds IV 342, 346 gasoline taxes, prohibition. . . . . . . . . . . . . . . © e g º e g º º º e e º & e is III 278 how certain loans of city made. . . . . . . . . . . e tº e º e e e º e o e © º º tº IV 332 how city taxes collected. . . . . . . . . . . . . e e º e º e º 'º - e º e e º e & © e tº IV 332 how State Tax Collector for the City of New Orleans elected . . . . . . . . . . . . . . . . . . . . . . e e º e e s e e º e º 'º e s e e • C & III 353 expenses paid . . . . . . . . . . . . . . . . . . & © tº e º 'º e º Gº & e & Cº e º e - © tº & III 353 indebtedness, power to contract. . . . . . . . . . . . . . e e e o e e e tº e º a IV 332 issuance of certain bonds by city authorized. . . . . . . . . . . . . . IV. 332, 350, 354, 357, 360 issuance of certain negotiable obligations by city authorized IV 354 judges and officers of city, when elected. . . . . . . . . . . . • e º e º tº II 79.2 limitation on amount of bonds issuable. . . . . . . . . . . . . . . . . º IV 332, 346 limitations on loans to. . . . . . . . . . . . . . . . . . . . . . . . e - e º e º e º e IV 332 local self-government guaranteed for. . . . . . . . . . . . . . tº e º e º º III 282, 282 mayor appoints members of Vieux Carre commission. . . . . . III 325 mortgage of city’s railroad passenger stations and railroad facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 municipal court . . . . . . . . tº e e º e º s e e e º e º e e e º e s a e e º e o is e º e s e II 714, 716 appeals . . . . . . . . . . . • * @ & e- © tº e º e º e º ºs e º e º 'º e º & © & © © e º e º & gº tº II 716 clerk of court. . . . . . . . G - e º 'º - e. e. e. e. g. e. e. e º 'º - e. e. e. e. e. e º e º e - © e e II 71.6 judges . . . . . . . . . . . . . e - e º e º 'º e º e º ºs e e º e º e º e º 'º e º º e º e º 'º e de II 716 jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 newspapers, publication of audit of . . . . . . . . . . . . . . . . . © gº tº e dº II 188 paving certificates may be issued by city. . . . . . . . . . . . . . . . . IV 354 Pontalba building, upper, may be refinanced. . . . . . . . . . . . . . III 355 port of, construction rights of riparian owners limitations III 609, 610 improvements on banks or battures to be administered and controlled by governing authorities of . . . . . © e º dº III 609 power of city to compel railroad companies to use city’s railroad passenger stations and railroad facilities. . IV 360 provisions for eliminating certain railroad grade crossings IV 360 provisions with regard to certain special taxes. . . . . . © º ºs º º IV 332 public belt bridge fund bonds. . . . . . . . . . . . . . . . . . . . . . . © e s tº IV 354 public utilities, contracts for service, expenditure of funds IV 332 purchaser at foreclosure of mortgage on city’s railroad passenger stations or railroad facilities to have franchise . . . . . . . . e e s e o ºs e º e e º e º e º e o e º e º 'º e o e º 'º e º e IV 360 qualification of assessors for city. . . . . . . . . . . . . . . e - © e º & © a III 320 railroad passenger stations. . . . . . . . . . . . . . . . . . . . . . . . . e e º e IV 360 railroad passenger stations and railroad facilities of city not to make profit. . . . . tº e º 'º e º e º & tº º e º & © & © tº © e º e g º G & IV 360 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1139 Vol. IV Index tº ſº. e º e Part I Provisions of Present Constitution and Projet Volume NEW ORLEANS, (continued) recorders’ courts, appeals from... . . . . . . . . . . . . . . . . . . . . . . II recorders’ courts, designation of judge by commission council . . . . . . . . . . . . . . . . . . e s e º ºs e º & e º ºs e s tº & e º e º ſº e gº II representation of, in House of Representatives. . . . . . . . . . . II right to elect own public officials. . . . . . . . . . . . . . . . . . . . . . . . III exception, construction of section . . . . . . . . . . . . . . . . . . . tº e III salary of State Tax Collector for the city of New Orleans.. III school property may be transferred to Orleans Parish School Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II school taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III security for loans to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV Sewerage and drainage system. . . . . . . . . . . . . . . . . . . . . . . . . IV maintenance . . . . . . . . . . . . . . . . . . . . . . gº tº º te e º gº © tº e º is 6 e º 'º e IV new tax . . . . . . . . . © & © tº e º & © e e s tº & © tº e º e º e º e º e º e s a e e º e º e IV sewerage and water board, powers and duties. . . . . . . . . . . . IV contracts with levee board. . . . . . . . . . . . . . . . . . . . . . . . . . . . III sewerage, water and drainage bonds. . . . . . . . . . . . . . . . . . . . . IV amendment self operative. . . . . . . . . . . . . . . . . . . . . . . . . . . . IV amount authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV sewage, water and drainage system. . . . . . . . . . . . . . . . . . . . . TV Special tax for public improvements. . . . . . . . . . . . . . . . . . . . . IV special tax for sewerage, water and drainage in city. . . . . . IV Special taxes and bond issues. . . . . . . . . . . . . . . . . . . . . . . . . . . IV approval of issuance of bonds by board of liquidation of city debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV bonds made legal investment. . . . . . . . . . . . . . . . . . . . . . . . . IV commission council, approval of issuance of bonds. . . . . . IV duties of board of liquidation of city debt in paying bonds IV execution of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV exemption from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV funds pledged for payment. . . . . . . . . . . . . . . . . . . . . . . . . . . IV issuance of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV issuance of bonds after approval by election. . . . . . . . . . . . IV without election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV maturity date . . . . . * * * * * tº e º e e º e º e º 'º e º e º e g º g º e e º ºs e e º ºs IV medium for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . . IV proceeds of bonds, purposes for which used. . . . . . . . . . . . IV registry and release from registry. . . . . . . . . . . . . . . . . . . . IV resolution for issuance of bonds. . . . . . . tº º tº e º e º e º 'º e º 'º - e. e. IV sale of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º º ſº º IV tax levy for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . IV terms and conditions of bonds. . . . . . . . . . . . . . . . . . . . . . . . IV terms and conditions under which issued. . . . . . . . . . . . . . . IV specific appropriation for drawing money from city treas- ury required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV state tax collector . . . . . . . . . . . . . . . . . . . . . . . . tº º e o e º e º e º ºs º ºs III annual appropriation for state tax collector. . . . . . . . . . . . III fees of state tax collector paid into the state treasury. . . . III provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III street improvement certificates. . . . . . . . . . . e e º e e s tº e º e º º e e IV street lighting certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV street paving and roadway fund. . . . . . . . . . . . . . . . . . . . . . . . IV tax anticipation certificates or warrants receivable in pay- ment of taxes. . . . . . . . . . . . . tº e º 'º º º tº e º e º 'º e º e º 'º sº e s tº e IV tax for fire and police departments. . . . . . . . . . . . . . . . . . . . . . IV tax levy for sewage, water drainage system. . . . . . . . . . . . . . IV term of state tax collector for the city of New Orleans. . . . III terms of assessors for city. . . . . . . . . . . . e e º e º e º e º º e º e º e º º III Page” 703 714 82, 112, 112 282, 282 282 353 354 464 332 328 328 330 328 614 341 345 341 329 328 329 332 341 343 341 345 344 343 342 344 341 341 344 343 345 343 341 344 343 344 341, 342 332 353 353 353 353 335 335 335 332 349 330 353 320, 320 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1140 Vol. IV Provisions of Present Constitution and Projet ºf Volume Page” time of holding elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 59 tolls for city's ferries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 357 to have home rule charter, comprising acts enumerated. . . . III 259 traffic court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 creation to be ratified by commission council. . . . . . . . . . . II 716 judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 716 tree planting certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 335 unpledged revenues, use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 332 Vieux Carre commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 zoning ordinances, power to enact. . . . . . . . . . . . . . . . . . . . . . . III 324, 324 Zoological gardens, tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 IV 327 NEW ORLEANS BOARD OF TRADE, submission of two candidates for certification on Board of Commissioners of Port of New Orleans. . . . . . . . . . . . III 629, 630 NEW ORLEANS CHAMBER OF COMMERCE, submission of two candidates for certification on Board of Commissioners of Port of New Orleans. . . . . . . . . . . . III 629, 630 NEW ORLEANS-CHEF MENTEUR HIGHWAY, bond issue, saving clause. . . . . . . . . . . . . . . . . . . . . . tº e º 0 e º O & II 529 funding bonds authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 291 NEW ORLEANS CLEARING HOUSE ASSOCIATION, submission of two candidates for certification on Board of Commissioners of Port of New Orleans. . . . . . . . . . . . III 629, 630 NEW ORLEANS COTTON EXCHANGE, submission of candidates for certification on Board of Com- missioners of Port of New Orleans. III 629, 630 NEW ORLEANS-HAMMOND HIGHWAY, bond issue, saving clause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 529 funding bonds authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 291 NEW ORLEANS STEAMSHIP ASSOCIATION, submission of candidates for certification on Board of Commissioners of Port of New Orleans. . . . . . . . . . . III 629, 630 NEW PARISHES, debts and liabilities, apportionment. . . . . . . . . . . . . . . . . . . . . III 309, 309 minimum size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 285, 285 power to create. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 285, 285 property and assets, apportionment. . . . . . . . . . . . . . . . . . . . . III 309, 309 representatives for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 NEW TRIAL, when prohibition against double jeopardy not applicable to II 19, 19 NEWSPAPER, in New Orleans, publication of audit of funds of legislature in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 publication of act proposing contracting of indebtedness in II 343 publication of proposals to amend constitution, require- ments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 704, 704 NOMINATION, governor's power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475 except where legislature provides mode of filling offices created by it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º II 475 where approval of Senate not necessary. . . . . . . . . . . . . . . . . . II 475 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1141 Vol. IV Index Part | NON-CIVIL SERVICE PERSONNEL, enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NON-POLITICAL JUDICIAL COMMISSIONS, See JUDICIAL COMMISSIONS. establishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTARY PUBLIC, clerks of court to be ex-officio. . . . . . . . . . . . . . . . . . . . . . . . . . . dual office holding disqualification not to apply to. . . . . . . . . legislator eligible to hold office of... . . . . . . . . . . . . . . . . . . . . NOTES, See SECURITIES. city of New Orleans authorized to issue. . . . . . . . . . . . . . . . . . marginal, not part of constitution. . . . . . . . . . . . . . . . . . . . . . . sale of certain notes provided for. . . . . . . . . . . . . . . . . . . . . . . NOTICE, of intention, special and local law, requirements of . . . . . . . . of substance, special and local law, publication of . . . . . . . . to be given taxpayer of additional gasoline tax due. . . . . . . . NOTICE OF INTENTION, for local or special law, content, manner, place and date of publication, requirement of . . . . . . . . . . . . . . . . . . . . . . . NOTICE OF RETURN, to state, governor to file with secretary of state. . . . . . . . . . NURSES, graduate, trained, occupational license tax not to be levied against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OATH, authority to administer, civil service commission. . . . . . . . . . constitutional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of office, prescribed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of physical disability, in registration to vote. . . . . . . . . . . . . . power of legislative committees to administer. . . . . . . . . . . . . public officials, oath of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . state and city civil service commission. . . . . . . . . . . . . . . . . . state examiner of municipal fire and police civil service. . . . warrant for search or seizure, to be supported by . . . . . . . . . OBJECTS OF LAWS, each law limited to one object. . . . . . . . . . . . . . . . . . . . . . . . . . must be indicated by titles. . . . . . . . . . . . . . . . . . tº º e º e e s is tº º e obligATION OF CONTRACTS, laws impairing prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OBLIGATIONS, See DEBT; EvidFNCES of INDEBTEDNESS; LIABILITIES. funded, hereafter issued by preferred claim on State Gen- eral Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to be on avails of State General Revenue Fund. . . . . . . . . laws impairing obligation of contracts prohibited. . . . . . . . . of political corporations of state, exempt from taxation. . . . release of, of heirs to confiscated property from taxes authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . release or extinguishment of, to state, parishes or municipal corporations by legislature prohibited. . . . . . . . . . . . . state, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions of Present Constitution and Projet Volume III II II III II IV III II II II II II III III III III III II III III III II II II II III III II III II Page” 579 770 764, 764 92, 92 123 111, 332 754,754 236 384, 385 384 309 384 472 189 527 91, 91 91 20 160 91, 91 516 544 15 168, 168 168, 168 8, 8 207 207 8, 8 180, 180 383,383 383,383 180, 180 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1142 Vol. IV Provisions of Present Constitution and Projet A.” Volume Page” OCEANGOING TUGS, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 185, 185 OCCUPATIONAL LICENSE TAX, restrictions on not to prohibit state from enacting legisla- tion to benefit from federal tax credits. . . . . . . . . . . . III 189 restrictions on use of, not to prohibit legislation for purpose of benefiting from federal tax credits. . . . . . . . . . . . . III 189 where prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189 OF RIGHT, origin of government with the people. . . . . . . . . . . . . . . . . . . . II 7, 7 OFFENSES, - twice in jeopardy for the same. . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 unbailable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 OFFICE, See PUBLIC OFFICE. eligibility to hold. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 forfeiture of legislative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121 holding of, disqualifications, enumerated. . . . . . . . . . . . . . . . . III 45, 46 how vacancies filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 475, 478 removal from, cause to be stated in address and printed in legislative journals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 111, 111 removal from, method of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 111, 111 OFFICEHOLDERS, effect of adoption of constitution on. . . . . . . . . . . . . . . . . . . . . III 739 OFFICERS, See PUBLIC OFFICIALS. clerical, of houses of legislature. . . . . . . . . . . . . . . . . . . . . . . . II 188 for supervision of employed convicts. . . . . . . . . . . . . . . . . . . . II 411 how salaries changed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 341, 341 interest in contracts of state for supplies prohibited. . . . . . . II 121, 122 of House of Representatives, how chosen. . . . . . . . . . . . . . . . . II 118, 119 of Senate, how chosen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 public, granting of extra compensation, fee, or allowance to, express authority of law required. . . . . . . . . . . . . . II 380, 380 prohibition of local or special laws legalizing unauthorized or invalid acts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 prohibited from receiving money from treasury for con- tingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 208,209 reduction of number of executive and administrative, au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 state, aged and incapacitated, retirement system for, legis- lature not to be denied power to provide. . . . . . . . . . . II 369 suits for removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 terms of executive and administrative, not shortened by reduction of number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 to take constitutional oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 91, 91 OFFICERS, PUBLIC, See PUBLIC OFFICIALS. investigation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160 OFFICES, See CIVIL SERVICE; PARTICULAR OFFICERS; PUBLIC OFFI- CIALS. commencement of governor's term. . . . . . . . . . . . . . . . . . . . . . II 440, 441 commencement of lieutenant governor's term. . . . . . . . . . . . . II 440, 441 consent of senate necessary to governor’s appointment of constitutional officers . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475 expiration of recess appointments. . . . . . . . . . . . . . . . . . . . . . . II 478 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1143 Vol. IV Index Part I Provisions of Present Constitution and Projet - Volume OFFICES, (continued) failure of governor to nominate recess appointee to senate equivalent to rejection. . . . . . . . . . . . . . . . . . . . . . . . . . gº II filling of, legislature may provide mode of, in all offices created by it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II form of commissions . . . . . . . . . . . . . tº e º º tº G & © tº gº tº e º e º ſº tº tº º º tº II governor appoints constitutional, except where otherwise provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II governor may require written information from executive officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II governor prohibited from making recess appointment of rejected nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how certain officers elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how vacancies in certain offices filled. . . . . . . . . . . . . . . . . . . . II legislature may provide for filling offices created by it. . . . . II power of governor to make recess appointments. . . . . . . . . . . II power of legislature to consolidate certain offices. . . . . . . . . . II qualifications of governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II qualifications of lieutenant governor. . . . . . . . . . . . . . . . . . . . II salaries of certain officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of lieutenant governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . II terms of certain officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II OFFICES, BOARDS AND COMMISSIONS, executive and administrative, authority of legislature to consolidate . . . . . . . . . . . . . . . . . . . . . . . tº º a tº e º e º C & tº e s s II OFFICIAL JOURNAL, See LEGISLATURE. call for special session published in . . . . . . . . . . . . . . . . . . . . . . II publication of acts in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II publication of audit of funds of legislature in . . . . . . . . . . . . II OIL, See MINERAL CODE. OIL AND GAS, commission to draft code of laws. . . . . . . . . . . . . . . . . . . . . . . . II severance tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II OLD AGE ASSISTANCE, authority to provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II ON-THE-JOB TRAINING, civil service rules establishing, permitted. . . . . . . . . . . . . . . . III OPERA HOUSES, property constituting, exempt from taxation. . . . . . . . . . . . . III OPPRESSION IN OFFICE, as cause for impeachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III as cause for impeachment of governor. . . . . e e s tº º tº * G e º e º e a II OPTIONAL PLANS, for parochial government, legislature to provide. . . . . . . . . . III parishes may change to another by majority vote. . . . . . . . . III ORDERS, See LEGISLATURE. governor not required to sign legislative orders. . . . . . . . . o II legislative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II of Public Service Commission, appellate jurisdiction of Supreme Court in appeals from district courts con- testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II special, issued by Supreme Court, for transfer of judge to any court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 478,478 475 507 475 459, 460 478,478 428,428,497 428,478,497 475 478,478 428 428,428, 451 428,428 444 428,428,441 428,441 428,428 188 74, 75 163, 163 188 190 313 374 585 173, 173 109, 109 482 295, 296 295, 296 160, 160 160 626 570 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1144 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” ORDINANCES, See BOARDs; CoMMISSIONs; DISTRICTS; MUNICIPALITIES; PARISHES. Board of Commissioners of the Port of New Orleans shall define limits of Port of New Orleans by...... e e º e º e III 636 declared unconstitutional, appellate jurisdiction of Supreme Court in cases of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 626 extending time for assessment or collection of taxes reliev- ing assessor from performance of official duties, re- lieving his sureties from liability, prohibited. . . . . . . II 387 mayor's jurisdiction over violations. . . . . . . . . . . . . . . . . . . . . II 707 of convention, etc., appended to original draft—effect. . . . . . III 762 prohibition of adoption of certain, regarding taxes, asses- sors and tax collectors. . . . . . . . . . . . . . . . . . . . . . . . . . . II 388 proposed substitute charter or amendments submitted to election, requirement of. . . . . . . . . . . . . . . . . . . . . . . . . . III 249 providing for home rule election on charter. . . . . . . . . . . . . . III 249 reintroduction of rejected ordinances in legislature. . . . . . . II 151 ORDINANCES APPENDED TO CONSTITUTION, force and effect . . . . . . . . . . . . . . . . . © e º e e º e o ºs e º e º e C & © tº 6 tº ſº III 762 ORGANIZATION, military, property belonging to, exempt from taxation. . . . III 172, 172 of courts of same jurisdiction, laws relating to, to be uni- form and general. . . . . . . . . . . . . . . . . . . . . . . . . . © tº e º º II 555 ORIGIN OF BILLS, See LEGISLATIVE PROCEDURES, ORIGIN OF BILLS. II 132 ORLEANS AIRPORT COMMISSION, how composed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 613 members, how appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 613 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 613 ORLEANS LEVEE DISTRICT, See BOARD OF LEVEE COMMISSIONERS OF ORLEANS DISTRICT. airports, Lake Pontchartrain frontage. . . . . . . . . . . . . . . . . . º III 616 authorized to donate land to U. S. for naval reserve train- ing center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 616 beaches, power to establish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 614 board of levee commissioners of, powers of . . . . . . . . . e e º e o e III 611, 613 bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 619 contract with Sewerage and water board. . . . . . . . . . . . . . . . . III 614 dedication of land for parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 614 divided into zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º 'º e e III 613 expropriation of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611, 615 ORLEANS PARISH, See BOARD OF ASSESSORS FOR THE PARISH OF ORLEANS: PARISH OF ORLEANS. apportionment of representatives. . . . . . . . . . . . . . . . . . . . . . . II 81 board of assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320 civil district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 571, 675, 691, 695 court of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 criminal district court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 675, 695 district court clerks and civil sheriff, term of office upon adoption of constitution. . . . . . . . . . . . . . . . . . . . . . . . . . III 745 election of representatives by wards. . . . . . . . . . . . . . . . . . . . . II 81 elections, time of holding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 59 elective officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 761 judges in, to be elected or selected for civil district or criminal district court . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1145 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume ORLEANS PARISH, (continued) judicial district to have civil district court and criminal district court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may be divided in the formation of a senatorial district.... II one civil and one criminal sheriff in Orleans Parish. . . . . . . II provisions for clerks in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II recorder of mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II recording of homestead. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II registrar of voters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III representation of wards of, in House of Representatives. . . II to constitute single judicial district. . . . . . . . . . . . . . . . . . . . . . II school indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III IV ORLEANS PARISH SCHOOL BOARD, authorized to incur indebtedness for certain purposes. . . . . III IV city of New Orleans may transfer school property to...... II promissory notes, bonds, etc., issued by, made legal invest- ment © 2 & © e e o e o e º e o e º e º e º e o e º 6 e º 0 & © tº e c e º e º e º e º e e III IV exempt from tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III IV security for public deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . III IV shall levy School tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III IV tax, how used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III IV levied by, how collected and settled. . . . . . . . . . . . . . . . . . . . III IV not to affect bonds already issued. . . . . . . . . . . . . . . . . . . . . III IV OUACHITA PARISH, school tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III OUACHITA RIVER, funds for bridges across. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II OVERFLOW, loans to parish, approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III postponement of taxes because of . . . . . . . . . . . . . . . . . . . . . . . III OVERFLOW LANDS, drainage, legislation concerning, power to enact. . . . . . . . . . III OWNER, state prohibited from becoming part owner, assuming lia- bility, carrying on business, of any person, associa- tion, or corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II P PAINTINGS, e © used for nonprofit public exhibition, exempt from taxation III PAPER, for state, how purchased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II PAPERS, public service commission, power to compel production. . . . . II state, availability for inspection by citizens. . . . . . . . . . . . . . II availability of certified copies, at reasonable fee. . . . . . . . II custodian of, Secretary of state. . . . . . . . . . . . . . . . . . . . . . . . II to be secure against unreasonable searches and seizures. . . . II Page” 664 97 761 764 765 36 84, 84 112, 112 664 468 102, 327 468 327 354 468 327 468 327 468 327 468 327 468 327 468 327 468 327 464 239 200 200 410 354 172, 172 122 398 492 492 492 15, 16 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1146 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” PARDONS, See BOARD OF PARDONs; TREASON. governor's power to grant, method and limitations. . . . . . . . II 463,463 recommendation required . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 463 in cases of treason vested in legislature. . . . . . . . . . . . . . . . . . II 182 restoration of franchise by... . . . . . . . . . . . . . . . . . . . . . . . . . . III 45, 46 PARISH, city consolidation, within parish authorized. . . . . . . . . . . . . . III 298 consolitation of municipalities in different parishes, pro- vision relating thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 each parish to have a registrar of voters. . . . . . . . . . . . . . . . . III 84 governing authority, may recommend suspension of cus- todians or collectors of public funds when in arrears III 118, 118 governing body, duty to call election for changing location of parish seat, requirements of . . . . . . . . . . . . . . . . . . . . III 291 legislature may dissolve or merge into contiguous parish. . III 307, 308 may not be divided in the formation of a senatorial district II 97 new or enlarged, entitlement to property and assets, pro- visions relating thereto. . . . . . . . . . . . . . . . . . . . . . . . . . III 309, 309 liable for existing debts and liabilities, provisions relating thereto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 309, 309 office holder changing residence, cases causing vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56 registrar of voters, provision for. . . . . . . . . . . . . . . . . . . . . . . . III 84, 84 removal from one parish to another, not to deprive person right to vote, exceptions. . . . . . . . . . . . . . . . . . . . . . . . . III 41, 42 residence in, as requirement for voting. . . . . . . . . . . . . . . . . . III 7, 7 tax assessor to be elected for each parish. . . . . . . . . . . . . . . . . III 320, 320 PARISH BOARDS OF HEALTH, See BOARDS OF HEALTH. PARISH CORONERS, See CORONERS. one to be elected for each parish. . . . . . . . . . . . . . . . . . . . . . . . II 767 qualifications for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 767 PARISH OF ORLEANS, See CIVIL DISTRICT COURT; CRIMINAL DISTRICT COURT; LEVEES; NEW ORLEANS ; ORLEANS PARISH. judges and officers of, when elected. . . . . . . . . . . . . . . . . . . . . . II 792 juvenile courts, sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 731 not exempt from provisions of Article XII of Constitution of 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 PARISH PRISONS, See NEW ORLEANS. PARISH PUBLIC SCHOOL FUNDS, how derived . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 to be derived from any additional sources provided by law III 464 PARISH RECORDER, See PUBLIC RECORDER. clerks of court to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 to give bonds as required by law. . . . . . . . . . . . . . . . . . . . . . . . II 764 deputies and employees of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 PARISH SCHOOL BOARD, ad valorem tax levied by, to be on 100% assessed valuation III 464 directed to levy ad valorem school tax. . . . . . . . . . . . . . . . . . . III 464 legislature to provide for election of superintendent of.... III 458 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1147 Vol. IV Index tº º tº gº o Part I Provisions of Present Constitution and Projet Volume PARISH SCHOOL BOARD, (continued) Ouachita Parish not to pay city of Monroe any per capita for certain children. . . . . . . . . . . . . . . . . . e e º ºs e e º e º e & Cº. III power to call special tax election for additional tax for payment of unfunded debts. . . . . . . . . . . . . . . . . . . . . . III reduction in millage of ad valorem tax levied by.......... III representation on, according to population. . . . . . . . . . . . . . . III superintendent, qualifications and duties. . . . . . . . . . . . . . . . III to be created by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III to place all funds in general parish school fund. . . . . . . . . . . III under control and supervision of state board of education and legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III under local laws, recognized. . . . . . . . . . . . . . . . . . . . . . . . . . . . III legislature to provide for creation and election of... . . . . . . III PARISH SCHOOL FUND, general, how expended revenue of special taxes and bond sales not to be placed in. . . . . . . . . . . . . . . . . . . . . . . . . III Special taxes and funds, how used. . . . . . . . . . . . . . . . . . . . . . III PARISH SEAT, changing of, two-thirds vote required. . . . . . . . . . . . . . . . . . . III petition requesting election to change. . . . . . . . . . . . . . . . . . . III PARISH SUPERINTENDENTS, See PARISH SCHOOL BOARD. PARISHES, See CADDO PARISH ; OUACHITA PARISH ; ORLEANS PARISH; PAROCHIAL CORPORATIONS; PolicE JURIES; POLITICAL CoRPORATIONs; POLITICAL SUBDIVISIONs; SUBDIVIS- IONS OF STATE. aid to business enterprises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III limitation on amount of tax. . . . . . . . . . . . . . . . . . . . . . . . . . III voting of tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III assessor election, term of office. . . . . . . . . . . . . . . . . . . . . . . . . . III assignment to senatorial district pending enumeration. . . . II assume debt of various districts, legislature may authorize III authority for local and special laws regarding charters of.. II authorized to create airport zones. . . . . . . . . . . . . . . . . . . . . . . III authorized to incur debt and issue bonds. . . . . . . . . . . . . . . . . III authorized to issue certain bonds. . . . . . . . . . . . . . . . . . . . . . . . III authorized to regulate heights of buildings near airports. . III bond issues, limitation on purposes. . . . . . . . . . . . tº e º e g º O & © tº III bond issues, purposes for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III bonds issued from residue of taxes. . . . . . . . . . . . . . . . . . . . . . III bonds, payable in annual installments. . . . . . . . . . . . . . . . . . . III bonds, power to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III election on question of issuance required. . . . . . . . . . . . . . III purposes for which issuable. . . . . . . . . . . . . . . . . . . . . . . . . . III borrowing money from state. . . . . . . . . . . . . . . . . . . . . . . . . . . . III bridges, power to build. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II can acquire servitudes of way by prescription. . . . . . . . . . . . III change of boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III debts or liabilities, apportionment. . . . . . . . . . . . . . . . . . . . . III majority vote required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III property and assets, apportionment. . . . . . . . . . . . . . . . . . . III submitted to electors of parish. . . . . . . . . . . . . . . . . . . . . . . . III two-thirds vote required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III charters withdrawing city or town from taxing jurisdiction III charters unrepealed, city of Monroe excepted. . . . . . . . . . . . . III collection of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 464 464 464 458 458, 458 458, 458 464 458 458 458, 458 464 464 291, 291 277 277 277 320, 320 100, 102 386 388 324, 324 364 360 324, 324 365 364 374 385 364, 370 364 364, 370 200 521 350 291, 292 309, 309 291 309, 309 290, 292 292 349 349 270 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1148 Vol. IV Provisions of Present Constitution and Projet º Volume Page” contribution toward construction of highways. . . . . . . . . . . . II 521 creation of garbage districts by police juries authorized.... III - 394 debts, power to contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 364 dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 307, 308 dissolution two-thirds vote of electors required. . . . . . . . . . . III 308 division into justice of peace wards. . . . . . . . . . . . . . . . . . . . . . II 706 elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 59 encouragement of industrial enterprises, bond issues. . . . . . III 366 exemption of new industries from taxation. . . . . . . . . . . . . . III 232 forestry tax of 24 per acre may be authorized to by legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269 funding bonds, power to issue. . . . . . . . . . . . . . . tº C tº e º e º e º e ºs III 374 garbage districts, creation of . . . . . . . . . . . . . . . . . . . . . . . . . . . III 394 government of, optional plan for organization of . . . . . . . . . . III 295, 296 hospital service districts, when created by . . . . . . . . . . . . . . . . III 373 inclusion in senatorial districts. . . . . . . . . . . . . . . . . . . . . . . . . II 97, 97, 102, 102 industrial plants for processing farm and agricultural . products may be built by. . . . . . . . . . . . . . . . . . . . . . . . . III 360 issuance and sale of bonds, terms and conditions. . . . . . . . . . III 387 issuance of negotiable bonds, when authorized. . . . . . . . . . . . III 311 Jefferson Parish may zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324 lease and sale of agricultural industrial plants of . . . . . . . . III 360 legislative authority to levy tax to pay bonds. . . . . . . . . . . . III 385 legislature may authorize parishes to vote special taxes in aid of certain public utilities. . . . . . . . . . . . . . . . . . . . . III 277 legislature may establish and organize new. . . . . . . . . . . . . . . III 285, 285 limitations and restrictions on indebtedness and bond issues III 375 limitation of taxes by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 limitation on right to establish parish agricultural indus- trial plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 360 limitations on levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 loans to, on account of public calamity. . . . . . . . . . . . . . . . . . . - III 200 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . . III 385 may incur debt, when authorized. . . . . . . . . . . . . . . . . . . . . . . . III 311 members of house of representatives, apportionment pend- ing enumeration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 112, 112 merger of parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 307, 308 division of assets and liabilities. . . . . . . . . . . . . . . . . . . . . . III 309, 309 more than one senator assigned district, election from different parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 102 motor fuel tax, parishes prohibited from levying. . . . . . . . . . II 2.91. navigation canals may acquire property for . . . . . . . . . . . . . . III 310 new parishes, attachment to a senatorial district. . . . . . . . . . II 97, 97 bodies corporate to have powers prescribed by law. . . . . III 285 legislature may create. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 285, 285 apportionment of property and assets. . . . . . . . . . . . . . . . III 309, 309 debts and liabilities, apportionment. . . . . . . . . . . . . . . . . III 309, 309 minimum size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 285, 285 right to representation in house of representatives. . . . II 187 not to be attached to more than one senatorial district... II 97 operation of agricultural industrial plants. . . . . . . . . . . . . . . III 360 optional plans of government, legislature may provide. ... III 295, 296 Orleans Parish, time of holding elections. . . . . . . . . . . . . . . . . III 59 parish agricultural industrial boards authorized. . . . . . . . . III 360 parish lines and parish seats, changes. . . . . . . . . . . . . . . . . . . III 291, 292 parish superintendent of Schools. . . . . . . . . . . . . . . . . . . . . . . . III 458, 458 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1149 Vol. IV Index Part Provisions of Present Constitution and Projet Volume Page” PARISHES, (continued) qualifications fixed by state board. . . . . . . . . . . . . . . . . . . . III 458, 458 parish taxes in cities of over 1,000 inhabitants. . . . . . . . . . . III 349 in Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 postponement of taxes because of public calamity. . . . . . . . . III 200 power to levy taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269 prohibited from levying severance tax. . . . . . . . . . . . . . . . . . . II 313 prohibition against grant of extra compensation, fees or allowances by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº dº º º º II 380, 380 prohibition against local or special laws legalizing unau- thorized or invalid acts of officers, etc., of . . . . . . . . . . II 388 prohibition against payment of unauthorized claims against II 380 purposes for which taxes may be levied. . . . . . . . . . . . . . . . . . III 270 reduction to below minimum size prohibited. . . . . . . . . . . . . III 285, 285 referred to as political subdivision in constitution. . . . . . . . III 337 refunding bonds, right to issue. . . . . . . . . . * @ º e º e º º sº e º e º º º III 383 registrars of voters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 84, 84 reimbursed expenses of criminal prosecutions by state in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e g º º e III 351 reimbursement for money spent on highways. . . . . . . . . . . . II 238 release of debts, liabilities or obligations to parishes by legislature prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383 relieved of cost of constructing or maintaining state high- Ways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 representation of, in House of Representatives. . . . . . . . . . . II 81, 82, 112 representatives for new parishes. . . . . . . . . . . . . . . . . . . . . . . II 187 retention or surrender of powers over utilities, election re- quired to surrender powers. . . . . . . . . . . . . . . . . . . . . . II 400 resumption of powers after surrender, election. . . . . . . . . II 400 road districts and subroad districts. . . . . . . . . . . . . . . . . . . . . III 367 road lighting districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 369 school boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 458, 458 right of municipality to representation on school board. . III 458 school taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464, 468 exemption of municipal property within parishes. . . . . . III 464 Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 468 Ouachita Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 senatorial district, division prohibited, Orleans Parish ex- cepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 97, 97 shall have at least one representative. . . . . . . . . . . . . . . . . . . II 81, 82 state highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 state penal institution located in parish, crimes committed by inmates, expenses paid by state. . . . . . . . . . . . . . . . III 351 tax assessors, election, term. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320, 320 tax collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 tax levy for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . III 364 tax levy for parochial purposes on municipal property. . . . III 349 application of section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 tax rate for parish purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 additional tax, right of legislature to authorize. . . . . . . . III 276 limitation on tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 Orleans Parish excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 tax to pay bonds, power to compel levy. . . . . . . . . . . . . . . . . . III 385 time of holding elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 59 to pay additional salary of district attorneys. . . . . . . . . . . . . II 755 to pay additional salary of assistant district attorneys. . . . II 793 to pay compensation for city court judges. . . . . . . . . . . . . . . II 707 to pay expenses of juvenile courts. . . . . . . . . . . . . . . . . . . . . . II 730 to provide rooms for holding court of appeal sessions. . . . II 568 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1150 Vol. IV e te © e g | d Provisions of Present Constitution and Projet E.” Volume Page” transitional provision, number of representatives in each parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 112 unauthorized contracts, legislature without power to ratify II 380 vehicle license tax, prohibited against levy. . . . . . . . . . . . . . III 231 zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324 PARKS, Board of Levee Commissioners of Orleans Levee District empowered to create and maintain. . . . . . . . . . . . . . . . III 611, 614 donations and conveyances by state and its agencies, po- litical corporations and subdivisions to United States for, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362 Orleans Levee Board empowered to establish. . . . . . . . . . . . . III 614 PAROCHIAL, office, appointment by governor to fill vacancy. . . . . . . . . . . II 478 officers, method of removal of . . . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 PAROCHIAL AND MUNICIPAL AFFAIRS. . . . . . . . . . . . . III 285 PAROCHIAL CORPORATIONS, See CoRPORATIONs; PARISHES; POLITICAL CORPORATIONS; SUBDIVISIONS OF STATE. state and other political corporation prohibited from as- suming liabilities of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 PAROCHIAL GOVERNMENT, consolidations, majority vote of parish electors required. . III 298 provisions for city-parish home rule charter. . . . . . . . . . . . III 298 within parish authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 298 legislature to provide optional plans for oganization of . . . . III 295, 296 PARSONAGES, religious, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . III 165, 165 PARTIALITY, in administration of justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 PARTIES, See POLITICAL PARTY CONVENTIONS. PARTNERSHIPS, See ASSOCIATIONS. tºp appointment of receivers or liquidators to, cases involving, district court to have exclusive original jurisdiction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 PASSAGE OF BILLS, See LEGISLATIVE PROCEDURE (PASSAGE OF BILLS). PASSENGER RAIROADS, See STREET PASSENGER RAILROADS. PAVING, city of New Orleans to spend at least $400,000 annually for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 335 how paving certificate of city of New Orleans paid. . . . . . IV 332 issuance of paving certificates by city of New Orleans. . . . IV 335 PAY PLANS, civil service rules establishing uniform pay plans permitted III 585 PEACE, preservation, object of government. . . . . . . . . . . . . . . . . . . . . II 7, 7 quartering of armed forces in house in time of peace, consent of owners required. . . . . . . . . . . . . . . . . tº e º º º II 17 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1151 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” PEACE BONDS, orders requiring, district court to have jurisdiction of ap- peals from municipal courts from . . . . . . . . . . . . . . . . II 702 power of justice of peace to require. . . . . . . . . . . . . . . . . . . . . II 706 PEACEABLE ASSEMBLY, right to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 PENAL INSTITUTIONS, bond issue for construction and improvement of . . . . . . . . . . II 326 parishes reimbursed by state, expenses of criminal prose- cutions for crimes committed therein or by inmates or employees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 351 PENALTIES, constitutionality or legality of, Supreme Court to have appellate jurisdiction in all cases. . . . . . . . . . . . . . . . . II 626 death, appellate jurisdiction of Supreme Court in case involving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 629 for delinquency in paying gasoline tax. . . . . . . . . . . . . . . . . . II 310 prohibition against local or special laws remitting. . . . . . . . II 387, 388 remitting of, special and local laws on, prohibited. . . . . . . . II 387 violation of orders of public service commission. . . . . . . . . . II 399 PENDING ACTION, unaffected by adoption of constitution. . . . . . . . . . . . . . . . . . III 745 PENITENTIARY, See PENAL INSTITUTIONS. Angola Plantation, purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . II 335 bonds authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & • II 335 signatures on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 335 certain land near Angola, authority to acquire. . . . . . . . . . II 335 transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 PENSION, retirement system, for aged and incapacitated state em- ployees, legislature not to be denied power to provide... II 369 appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206, 206 bonds to pay Confederate veterans and their widows. . . . . II 321 class of persons authorized to receive pensions for Con- federate veterans and their widows. . . . . . . . . . . . . . . II 367 Confederate veterans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 367 Confederate veterans and widows, back pensions. . . . . . . . II 323, 367 board of liquidation authorized to borrow for back pen- sions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 323 bonds may be issued by board of liquidation. . . . . . . . . . . II 321 merger of system of, with financial assistance system. . . . II 375 power of legislature to provide not limited by Article IV, Section 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 367 signatures, bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 321, 323 moneys for, inclusion in general appropriation bill. . . . . . . II 206 mothers', to be maintained. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 375 municipal employees, tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . II 371 sixty dollar limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 367 social welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 374 soldiers’ home maintained . . . . . . . . . . . . . . . . . . . . . . • * c e s tº e s II 367 tax for pensions of Confederate veterans and their widows II 321 widows of Confederate veterans. . . . . . . . . . . . . . . . . . . . . . . . II 367 World War II veterans, widows and children. . . . . . . . tº gº º e II 328 * Page numbers in bold type are Projet references; in standard type are references to the present constitution, Page numbers refer to the beginning page of the section Con- taining the reference. 1152 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” PEOPLE, - adequate remedy by due process of law and justice, for injury done to rights, lands, goods, person or repu- tation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 government to promote interest and happiness of . . . . . . . . II 7, 7 may speak, write and publish sentiments on all subjects. . II 9, 9 natural right to worship according to dictates. . . . . . . . . . . . II 13, 13 origin of government with. . . . . . . . . . . . . . . . . . . © c e s e e º e s e II 7, 7 right against unreasonable searches and seizures. . . . . . . . II 15, 16 right to apply to government for a redress of grievances. . II 14, 14 right to be secure in their persons, houses, papers and effects, not be violated. . . . . . . . . . . . . . . . . . . . . . . . . . II 15, 16 right to bear arms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 right to justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7, 7 right peaceably to assemble. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 rights not restricted by constitution. . . . . . . . . . . . . . . . . . . . . II 28, 28 PER DIEM, payment, to members of Board of Supervisors of Louisiana State University and Agricultural and Mechanical College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 456 to members of State Board of Control of State Colleges. III 456 to members of State Board of Education. . . . . . . . . . . . . . III 456 PEREMPTORY CHALLENGE OF JURORS, in criminal prosecutions, number to be fixed by law. . . . . . II 21, 21 right of accused to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21, 21 PERJURY, bribery, trial of, testimony may be used for. . . . . . . . . . . . . . II 22, 22 election laws, criminal trial under, testimony may be used for . . . . . . . . . . . . . . . . . . . . . . . e c e - e º e º e º e º e º e º 'º - © tº º II 22, 22 persons making false oaths in connection with gasoline tax report, guilty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 311 proceedings for investigations of elections, testimony may be used for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 trial of contested elections, testimony may be used for . . . . II 22, 22 PREROGATIVES, legislature, orders, votes, resolutions affecting, signature of governor not required. . . . . . . . . . . . . . . . . . . . . . . . II 160 PERPETUAL FRANCHISE, See CORPORATIONS. granting prohibited . . . . . . . . . . . . . . . . . . © e e º 'º e o ºs e e o e º e º 'o e II 40 PERSONAL INTEREST, in measure or bill, legislator may not vote because of.... II 150 legislator to disclose fact of interest. . . . . . . . . . . . . . . . . . II 150 PERSONAL PROPERTY, exemption from seizure, homestead right. . . . . . . . . . . . . . . . II 35 PERSONNEL, See CITY CIVIL SERVICE. - director of, city and state civil service. . . . . . . . . . . . . . . . . . III 577 excepted from civil service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 of Supreme Court and courts of appeal, selection and re- - moval of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 PERSONS, appropriations to, for private, charitable or benevolent purposes, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e e II 336, 336 changing names of, special and local laws concerning, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 * Page numbers in bold type are: Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1153 Vol. IV I d ſº tº * > {º tº #: Provisions of Present Constitution and Projet Volume Page” PERSONS, (continued) equal applicability of election laws to all. . . . . . . . . . . . . . . . III 20 interdicted, disfranchised from voting. . . . . . . . . . . . . . . ... III 45, 46 investing, lending, pledging, or donating of funds, credit, or property of state, to any corporation or asso- ., ciation of person, prohibited. . . . . . . . . . . . . . . . . . . . . II 354 prohibition against local and special laws changing names of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 right of, to be secure against unreasonable searches and seizures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 15, 16 right to legal protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 shall not be compelled to give evidence against himself in a criminal case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 under arrest, treatment designed to compel confession, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 23, 23 PERSONS AND PAPERS, legislative committees empowered to send for . . . . . . . . . . . . II 160, 160 PESTILENCE, See EMERGENCY. PESTS, See AGRICULTURE. PETIT JURORS, See JURIES AND JURORS. right of accused to peremptory challenge of . . . . . . . . . . . . . II 21, 21 PETITION, for a redress of grievances. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 for changing boundaries of parishes, mandatory duty of governing body to call election, upon presentation of III 291 requirements of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 291 special session, call for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 certified copy to president and speaker of legislature... II 74 filed with secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . II 74 service of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 74 PETITION FOR REDRESS OF GRIEVANCES, right of people to present. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 PHARMACY, legislature’s power to regulate business. . . . . . . . . . . . . . . . . II 516 PHILOSOPHICAL APPARATUS, used for nonprofit public exhibition, exempt from taxa- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 172, 173 PHYSICAL CULTURE ORGANIZATIONS, exempt from taxation . . . . . . . . 'e e s e º e º e º e º e º e s ºn tº e º º e º is º gº III 174 PHYSICIAN, to be qualified to be parish coroner. . . . . . . . . . . . . . . . . . . . . II 767 PHYSICIANS AND SURGEONS, legislature's power to regulate practice. . . . . . . . . . . . . . . . . II 516 PIPE LINES, exemption from taxation, limitation. . . . . . . . . . . . . . . . . . . . III 217 jurisdiction of public service commission. . . . . . . . . . . . . . . . II 398 PLANT, AGRICULTURAL, See AGRICULTURE. PLANTS, See AGRICULTURE; ELECTRICITY; ICE FACTORIES; INDUSTRIAL PLANTS; WATERworks. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. - 1154 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” PLAQUEMINES PARISH, appeals returnable to court of appeal, Orleans Parish. ... II 645, 658 PLAYGROUNDS, Board of Levee Commissioners of Orleans Levee District empowered to construct, equip and maintain. . . . . º III 611, 611, 614 PLEADING, rules of, in all civil actions, legislature may authorize Supreme Court to make and promulgate. . . . . . . . . . II 570 PLEAS OF GUILTY, court's right to receive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e II 739, 740 district judges to have authority to receive, in all cases less than capital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 PLEDGE, of funds, credit, or property, to person, association, or corporation, state prohibited. . . . . . . . . . . . . . . . . . . . . II 354, 354 POLICE DEPARTMENT, See CIVIL SERVICE; MUNICIPALITIES; NEW ORLEANS. three platoon system, cities of 75,000 or over. . . . . . . . . . . . II 271 POLICE JURIES, See PARISHES. appointment of registrar of voters. . . . . . . . . . . . . . . . . . . . . III 84 charitable institutions, right to utilize. . . . . . . . . . . . . . . . . . II 361 funding bonds, power to issue. . . . . . . . . . . . . © e º O & © tº e º e C & © III 374 garbage districts, power to create. . . . . . . . . . . . . . . . . . . . . . III 394 industrial plants for processing agricultural products, power to establish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 360 may utilize charitable institutions for destitute persons.. II 361 poor relief, right to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 361 power to fix salaries of justices of peace. . . . . . . . . . . . . . . . . II 581 road districts and sub-road districts, power to create. . . . . . III 367 road lighting districts, power to create. . . . . . . . . . . . . . . . . . III 369 to divide parish into justice of peace wards. . . . . . . . . . . . . . II 706 to fix salary of justice of peace and constable. . . . . e G e º e ºs e II 581 POLICE POWER, municipalities and parishes authorized to zone territory. . III 324 municipalities, to administer improvements constructed on riparian lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 never to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 411,411 of city of New Orleans, reserved. . . . . . . . . . . . . . . . . . . . . . . IV 360 of municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269 of state unrestricted in New Orleans. . . . . . . . . . . . . . . . . . . . III 282 POLICY HOLDERS, loans secured by, by policies, exempt from taxation. . . . . . III 179, 179 POLITICAL ACTIVITY, civil service rules governing, permitted. . . . . . . . . . . . . . . . . III 585 POLITICAL CAMPAIGN, contribution to, limitations on, judges of courts of record. II 786 POLITICAL CORPORATIONS, See BOARDS; COMMISSIONS; CORPORATIONS; DISTRICTS; MUNICIPAL CORPORATIONs; MUNICIPALITIES; PARISH- Es; PAROCHIAL CORPORATIONs; PUBLIC CORPORATIONs; STATE; SUBDIVISIONS OF STATE. - agreements between, when authorized. . . . . . . . . . . . . . . . . . III 331 agreements with state or United States, when authorized.. III 331 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1155 Vol. IV ndex & C e e º º: | Provisions of Present Constitution and Projet Volume POLITICAL CORPORATIONS, (continued) cannot purchase or subscribe to stock in corporations or to private enterprise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II definition of, as used in constitution. . . . . . . . . . . . . . . . . . . . III donations and conveyances by political corporations to United States permitted. . . . . . . . . . . . . . . . . . . . . . . . . II expenditure of funds as authorized by law, requirement of II expenditure of funds for public purposes, requirement of. III funds, credit or property of, shall not be loaned, pledged or granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , - . II incurring of debt, issuance of bonds, and levy of taxes by, for certain purposes authorized. . . . . . . . . . . . . . . . . . . II legislature may authorize to issue certificates of indebted- IleSS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may acquire property for any public purpose. . . . . . . . . . . . III prohibited from assuming liabilities. . . . . . . . . . . . . . . . . . . . II prohibition against passage by, of certain laws or Ordi- nances regarding assessors, taxes and tax collectors II referred to as board and agencies recognized by law as having Separate legal entity. . . . . . . . . . . . . . . . . . . . . III referred to as political subdivision with separate legal entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state and other political corporations prohibited from as- suming liabilities of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II taxes levied by to be authorized by legislature. . . . . . . . . . . III under special legislative charter, charter in existence may be changed by local or special laws. . . . . . . . . . . . . . . . III POLITICAL DISCRIMINATION, prohibition against in civil service action. . . . . . . . . . . . . . . . III POLITICAL LIBERTIES, preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II POLITICAL ORGANIZATION, office holding in, judges of courts of record prohibited from II civil service rules governing contributions to, permitted. . . III POLITICAL PARTY CONVENTIONS, members required to be registered voters. . . . . . . . . . . . . . . . III qualifications of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III representation based on population. . . . . . . . . . . . . . . . . . . . . III POLITICAL RIGHTS, cases involving, district court to have exclusive original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II POLITICAL SUBDIVISIONS, See DRAINAGE DISTRICTS; HARBOR AND TERMINAL DIS- TRICTS; IRRIGATION DISTRICTS; LAKE PONTCHAR- TRAIN SANITARY DISTRICT; LEVEES; MUNICIPAL COR- PORATIONS ; NAVIGATION AND RIVER IMPROVEMENT DISTRICTS; PARISHES; PORT DISTRICTS; SCHOOL DISTRICTs; SEWERAGE DISTRICTs; WATER WoRKS DIS- TRICTS. assumption of liabilities restricted. . . . . . . . . . . . . . . . . . . . . . II bonds payable in annual installments. . . . . . . . . . . . . . . . . . . III carrying on private business prohibited. . . . . . . . . . . . . . . . . II constitutional provision concerning taxation, application.. III contesting legality of bond issue or tax election. . . . . . . . . . III city of New Orleans excluded. . . . . . . . . . . . . . . . . . . . . . . . III time allowed for bringing. . . . . . . . . . . . . . . . . . . . . . . . . . . . III definition of, as used in constitution. . . . . . . . . . . . . . . . . . . . III donations of property permitted. . . . . . . . . . . . . . . . . . . . . . . . II Page” 354 337 362 284 284 354, 354 325, 362 311 310 354 388 337 337 354, 354 269, 269 245 582 7, 7 786 585 63 63 63 693 354, 354 385 354 202 387 387 387 337 362 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1156 Vol. IV Provisions of Present Constitution and Projet º Volume Page” elections, qualifications by voters. . . . . . . . . . . . . . . . . . . . . . . . III 97 encouragement of industrial enterprises, bond issues. . . . . . III 366 increasing levies for public schools. . . . . . . . . . . . . . . . . . e e º ºs III 270 indebtedness, limitation, taxes . . . . . . . . . . . . . . . . . . . . . . . . . III 375 issuance and sale of bonds, terms and conditions. . . . . . . . . III 387 legislative authority to levy tax to pay bonds. . . . . . . . . . . . III 385 limitation on indebtedness and bond issues. . . . . . . . . . . . . . . III 380, 375 loan of credit to private enterprise prohibited. . . . . . . . . . . . II 354 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period bonds issuable for. . . . . . . . . . . . . . . . . . . . . III 385 may incur debt when authorized by majority vote. . . . . . . . III 311, 312 may issue negotiable bonds when authorized by majority Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 311, 312 municipal charters and powers. . . . . . . . . . . . . . . . . . . . . . . . . III 249, 250 occupational license taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 250 power to issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364 authorization to issue by vote of electors. . . . . . . . . . . . . . III 312, 364 authorization to issue by vote of electors, levy of taxes for payment of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . III 312 prohibited from levying severance tax. . . . . . . . . . . . . . . . . . . II 313 referred to as political corporation in constitution. . . . . . . III 337 refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . III 383 remonstrance against issuance of bonds. . . . . . . . . . . . . . . . . III 387 right to building bridges, etc.. . . . . . . . . . . . . . . . . . . . . . . . . . II 521 subscription to corporate stock prohibited. . . . . . . . . . . . . . . II 354, 354 tax to pay bonds, power to compel levy. . . . . . . . . . . . . . . . . . III 385 taxing power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 limitations of levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 PONTCHARTRAIN LEVEE DISTRICT, additional duties and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . III 674 authorized to issue bonds for levee purposes. . . . . . . . . . . . . II 319 bond issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 674 Jefferson Parish public improvement districts, agreement. III 398, 401 POOR RELIEF, right of parishes and municipalities to provide. . . . . . . . . . II 361, 361 POPULATION, as basis for representation in house of representatives. . . . II 81, 82 as requirement for city civil service. . . . . . . . . . . . . . . . . . . . III 573 classification of municipalities according to, permitted. . . . III 266 minimum, where judge of municipal court permitted to practice law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 565 of new parishes, minimum size. . . . . . . . . . . . . . . . . . . . . . . . . III 285,286 requirement of, where judge of municipal court permitted to practice law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 565 PORT, See BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANS ; PORT OF NEW ORLEANS. PORT ALLEN, Greater Baton Rouge port commission. . . . . . . . . . . . . . . . . . III 663 PORT COMMISSION, Greater Baton Rouge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 663 PORT DISTRICTS, are corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 337, 392,393,668 are political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 337, 392, 393, 668 creation authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 310, 311, 392, 393, 668 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1157 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume PORT DISTRICTS, (continued) may borrow money . . . . . . . . . . . . . . . . . . . . . . * * * * e º e e º e º & c. III may collect fees and tolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may issue bonds . . . . . . . . . • * * * * * * - - - - - - - - - - - - - - - - - - - - - - III may lease their property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may levy and collect taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III may own, construct and operate docks, wharves, sheds, elevators, warehouses, railroads, etc.. . . . . . . . . . . . . . III powers of governing bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III purposes for which created. . . . . . . . . . . . . . . . . . . . . . . . . . . . III PORT OF NEW ORLEANS, See BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANs; NEW ORLEANS. expropriation of improvement by governing authorities. . . III proceeds of Motor Fuel Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . II right to expropriate wharves and buildings of banks of navigable waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III rights of its Board of Commissioners reserved. . . . . . . . . . III riparian front, expropriation by governing authorities. . . . III riparian owners on navigable waters may maintain wharves and buildings on battures and banks. . . . . . . . . . . . . . III territory and jurisdiction to be defined by ordinance of Board of Commissioners of the Port of New Orleans III PORTS, See PORT DISTRICTS. POSTPONEMENT OF TAXES, grounds for postponing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III POSTS, See ARMY. POULTRY, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III POWER, See ELECTRICITY; POLICE PoweR; SUPREME EXECUTIVE POWER. distribution of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II military subordinate to civil . . . . . . . . . . . . . . . . . . . . . . . . . . . . II PRACTICE, See Courts; EVIDENCE; PROCEDURE. law, judges prohibited from, exception noted. . . . . . . . . . . . . II prohibition against local or special laws regulating prac- tice of courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II rules of, in all civil actions legislature may authorize Supreme Court to make and promulgate. . . . . . . . . . II PREACHERS, See MINISTERS OF RELIGION. drawing money from public treasury to aid, prohibited. . . II PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II PRECINCT, removal from, not to deprive person of right to vote, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III residence in, as requirement for voting. . . . . . . . . . . . . . . . . . III PREFERENCE, not to be given any church, sect, or creed of religion. . . . . II in favor of religion prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 392, 393, 668 392,393, 668 392, 393, 668 393, 668 392, 668 392,393,668 310, 392, 668 392, 668 609, 610 299 609, 610 393, 668 609, 610 609, 610 636 200 177, 177 49, 49, 51 28 565 387, 388, 555 570 336 7, 7 41, 42 7, 7 13, 13 336, 336 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1158 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” PRESCRIPTION, See BONDS. - Acquirendi causa, not to run against state. . . . . . . . . . . . . . . II 179 action to annul tax sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 bond issues, election for, contesting validity. . . . . . . . . . . . . III 387 bonds of political subdivisions, contesting validity. . . . . . . III 387 Caernavon Break, suits on awards. . . . . . . . . . . . . . . . . . . . . . III 677, 678 civil matters, rights of state not barred. . . . . . . . . . . . . . . . II 179 contesting legality of bond issue or tax levy election. . . . . . III 387 date, for all preferences and claims for unpaid taxes and licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 205, 205 expenses of last sickness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 205 liberandi causa, to run against state. . . . . . . . . . . . . . . . . . . . II 179 not to run against state, civil matters. . . . . . . . . . . . . . . . . . . II 179 of licenses and tax provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 205, 205 of tax liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 205 parishes, acquisition of servitudes. . . . . . . . . . . . . . . . . . . . . . III 350 servitudes of, way can be acquired by parishes by . . . . . . . . III 350 tax liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 205 tax sales, suit to annul. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 PRESENTMENT, or indictment by grand jury required for prosecution for capital crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 or indictment by grand jury required in capital crimes. . . II 19, 19 PRESIDENT OF SENATE, See LEGISLATURE; LIEUTENANT GOVERNOR. approval of contracts for supplies for state. . . . . . . . . . . . . . II 122 legislature to chocse officers with exception of . . . . . . . . . . . II 118 not chosen by the Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 signature of appropriation bill, time limit. . . . . . . . . . . . . . . . II 210 signing bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 time for signing appropriation bills. . . . . . . . . . . . . . . . . . . . . II 210 when he votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 489, 489 how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 472, 507 salary when acting as governor. . . . . . . . . . . . . . . . . . . . . . . . II 472 succession to office of governor. . . . . . . . . . e e s e º e o e s tº tº e º 'º º II 467, 467 succession to lieutenant governorship. . . . . . . . . . . . . . . . . . . . II 507 PRESIDENTIAL ELECTIONS, provided for as prescribed by law. . . . . . . . . . . . . . . . . . . . . . III 58, 58 PRESIDENTIAL ELECTORS, election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 58 legislature shall fix time for . . . . . . . . . . . . . . . . . . . . . . . . tº III 58 PRESIDING OFFICER, of Senate, lieutenant governor. . . . . . . . . . . . . . . . . . . . . . . . . . II 489 PRESS, liberty of, to publish sentiments on all subjects. . . . . . . . . . II 9, 9 PRESUMPTION, Memorial Hall, annual appropriation. . . . . . . . . . . . . . . . . . . . II 322 PRICE, prohibition against laws fixing price of manual labor, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 PRIESTS, See MINISTERS OF RELIGION. drawing money from public treasury to aid, prohibited. . . II 336 PRIMA FACIE EVIDENCE, in impeachment proceedings against governor. . . . . . . . . . . II 482 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1159 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume PRIMARY ELECTION, See ELECTION. congressional, question of the retention of a judge in office to be submitted at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II constitutional provisions concerning. . . . . . . . . . . . . . . . . . . . . III effective date of reapportionment at next state-wide elec- tion for representatives . . . . . . . . . . . . . . . . . . . . . . . . . II legislature to enact laws concerning. . . . . . . . . . . . . . . . . . . . III regulation of, by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . III voters required to be registered. . . . . . . . . . . . . . . . . . . . . . . . III PRINTING, for state, how contracted for . . . . . . . . . . . . © tº e º ſº tº e º º & e e e o e II supplies furnished under contract. . . . . . . . . . . . . . . . . . . . . . II PRINTING BOARD, STATE, shall furnish supplies, etc., to department of revenue and Supervisor of public funds. . . . . . . . . . . . . . . . . . . . . . . II PRISONERS, See PENAL INSTITUTIONS. PRISONS, See NEW ORLEANs; PENAL INSTITUTIONs. persons confined in, prohibited from voting. . . . . . . . . . . . . . III person confined in, prohibition against registering to vote III PRIVATE CORPORATIONS, See CORPORATIONS. special and local laws creating, prohibited. . . . . . . . . . . . . . II PRIVATE ENTERPRISES, state and political corporations prohibited from subscrib- ing to private enterprise. . . . . . . . . . . . . . . . . . . . . . . . II PRIVATE INTEREST, in measure or bill, legislator may not vote because of . . . . II legislator to disclose fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . II PRIVATE PROPERTY, See PROPERTY. damaging or taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II not to be taken without adequate compensation. . . . . . . . . . II not to be taken or damaged except for public purposes. . . . II PRIVATE PURPOSES, appropriations for, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . II PRIVATE RIGHTS-OF-WAY, See RIGHTS-OF-WAY. enactment of general laws providing for granting of . . . . . II PRIVATE ROADS, See ROADS. e legislature providing for granting rights-of-way for . . . . . . II PRIVATE SCHOOLS, See EDUCATION e use of public funds for support of, prohibited. . . . . . . . . . . . II PRIVATE WAYS, granting of, general laws to provide for. . . . . . . . . . . . . . . . II PRIVILEGES, expenses of last sickness, prescriptive period. . . . . . . . . . . . III movable property, registration, necessity for . . . . . . . . . . . . III of legislators, from arrest, exceptions. . . . . . . . . . . . . . . . . . II prescriptive periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 770 63, 63 81 63, 63 63 17, 17, 63 122 122 530 45, 46 45, 46 387 354 150, 150 150, 150 ; : 336, 336 189 189 336, 337 189 205 205 127 205 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1160 Vol. IV © * * * * º d Provisions of Present Constitution and Projet º: Volume Page” on immovable property must be recorded. . . . . . . . . . . . . . III 205 on movable property exist without registration. . . . . . . . III 205 prohibition against local or special laws granting special or exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ge e º ºs e II 387, 388 PROBABLE, cause necessary for searches and seizures. . . . . . . . . . . . . . . II 15, 16 PROBATE, appellate jurisdiction of Supreme Court in cases. . . . . . . . II 637, 637 justice of peace without jurisdiction in probate matters. . II 706 PROBATE CASES, appeal to Supreme Court to be upon both law and facts. . II 637 PROBATION OFFICERS, domestic relations court, not excepted from civil service. . III 579 PROCEDURE, See COURTS; EVIDENCE; PRACTICE. adoption of code of criminal procedure provided for . . . . . . II 190 in suits against state, fixed by legislature. . . . . . . . . . . . . . . . II 172,174 rules of legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 prohibition against local or special laws regulating prac- tice of courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388, 555 PROCEEDINGS, for libel, slander, or defamation. . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 truth may be given in evidence. . . . . . . . . . . . . . . . . . . . . . II 9, 9 for investigations of elections, person may be compelled to testify, in trial of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 withholding testimony upon ground of self-incrimination, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 judicial, special and local law changing rules of evidence, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 of courts of same jurisdiction, laws relating to, to be uniform and general . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 555 or prosecutions for libel, slander and defamation. . . . . . . . II 9, 9 PROCESS, compulsory, right of accused to, for witnesses. . . . . . . . . . . . II 19, 19 due, of law, adequate remedy by . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 homestead exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35, 36 style of, in proceedings by state. . . . . . . . . . . . . . . . . . . . . . . . II 56.4 PROCESSING, e agricultural products, facilities for, state not to be denied power to provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 PROCLAMATION, of constitutional amendment, effective date twenty days after . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707 of governor, announcing results of election on proposed indebtedness, time limit. . . . . . . . . . . . . . . . . . . . . . . . . . II 343 results of election on proposed indebtedness, limit on days II 343 PROFESSIONS, member of learned, occupation license tax not to be levied against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 PROGRAM FOR SCHOOL EQUALIZATION, provisions relating thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 PROGRESSIVE EXCISE TAX, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135 PROHIBITION, right of judges and courts to issue writ of. . . . . . . . . . . . . . II 580, 580 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1161 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume Page” PROMOTION, city and state personnel, civil service rules regulating, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 PROMUL.GATION, See LAWS; LEGISLATURE; SECRETARY OF STATE. of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 161, 163, 170 PROPERTY, See APPROPRIATIONs; DISPOSITION OF PROPERTY; DUE PRO- CESS OF LAW; EXPROPRIATION; IMMOVABLE PROPERTY; LANDS; MOVABLE PROPERTY; PUBLIC PROPERTY; TAx- ATION ; TAXES. appropriation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 assessment of, review by Louisiana Tax Commission. . . . . . III 140 belonging to military organization of state, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 172, 172 Board of Levee Commissioners of Orleans Levee District empowered to alienate, mortgage and pledge. . . . . . III 611 Board of Levee Commissioners of the Orleans Levee Dis- trict may alienate, mortgage, and pledge. . . . . . . . . . III 611, 615 confiscated, heirs to, released from taxes at date of rever- S1011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383 controlled by state not to be purchased for levee purposes. . III 606, 606 damaging or taking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 deprivation of, without due process of law. . . . . . . . . . . . . . II 8, 8 devoted to charitable undertaking, exempt from taxation. . III 168, 168 donation of, political corporation may acquire by, for any public purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 310 donations and conveyances of, by the state and its agencies, political corporations and subdivisions to United States permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362,362 exchange of, political corporation may acquire by, for any public purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 310 expropriation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 political corporation may acquire by, for any public purpose . . . . . . . . . . . . . . . . . . . . . . . 'e e º 'º e º ºs º ºs º ºs e e º 'º º III 310 for levee purposes, appropriation of before payment, not prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 606 forfeiture of, for non-payment of taxes, prohibited. . . . . . . . III 200, 200 illegal disposition of, special and local laws giving effect to, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 immovable, forfeited or adjudicated to state before prior to January 1, 1930, claim or title relative to. . . . . . . . III 204 claim or title to, when prohibited. . . . . . . . . . . . . . . . . . . . . III 204 prior to adoption of constitution, effect of . . . . . . . . . . . . III 204 when not disposed by state, effect of . . . . . . . . . . . . . . . . . . III 204 when presumed to be null or redeemed. . . . . . . . . . . . . . . . III 204 movable, in cases involving homestead exemptions, appeal to court having jurisdiction of amount involved. . . . II 628 not to be deprived except by due process. . . . . . . . . . . . . . . . II. 8, 8 of political corporations shall not be loaned, pledged or ranted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 of state shall not be loaned, pledged or granted. . . . . . . . /. . II 354 political corporations may acquire for any public purpose. III 310 public, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . III 164 PROPERTY, PRIVATE, to be taken for public purpose only. . . . . . . . e e º e e e º e e s e e II 8, 8 damage of to be compensated. . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1162 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” guarantee of compensation when taken for public pur- POSes • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 immunities provided from taking or damage. . . . . . e e º Gº º II 8, 8 purchases of, political corporation may acquire by, for any public purpose . . . . . . . . . . . . . e is e º e º e e e e º e º e º e III 310 release of heirs to confiscated, from taxes authorized. . . . . II 383 rights of adopted children in successions. . . . . . . . . . . . . tº e e II 417 riparian, adjacent to navigable rivers, lakes and stream - with incorporated municipalities. . . . . . . . . . . . . . . . . . III 609, 610 rights of owners of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 riparian front, administration of improvements on expro- priation for public purposes permitted. . . . . . . . . . . . III 609, 610 sale of, legislature to provide procedure for redemption, for unpaid taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200, 200 Special tax on, in former municipality upon consolidation, governing authority to levy. . . . . . . . . . . . . . . . . . . . . . III 324 state, mineral rights on, reserved on all property sold, exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 351 pledging of, to any person, association, or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 record of, by treasurer. . . . . . . . . . . . . . . . . . . . e e s s e e e º 'º e II 494 tax exempt property not be voted. . . . . . . . . . . . . . . . . . . . . . III 311 to be assessed for actual value. . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 under state control for purposes of commerce, excepted from purchase for levee purposes. . . . . . . . . . . . . . . . . III 606 PROPERTY TAX RELIEF FUND, purpose of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e & © e º e e º & c. 6 III 185, 186 taxes exempted not to exceed funds in. . . . . . . . . . . . . . . . . . III 185, 186 to reimburse general or special funds of political corpora- tion for loss of taxes by exemptions. . . . . . . . . . . . . . III 185, 186 PROPOSALS, constitutional amendment, introduction to be at first part of split session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 703 constitutional amendment, procedure for adoption. . . . . . . . III 691, 691 PROSECUTION, - impeachment not to prevent, otherwise according to law. . III 110 of misdemeanors on affidavits, legislature may provide... II 19, 19 PROSECUTIONS, See CRIMINAL PROSECUTIONS. criminal, accused shall be informed of nature and cause of accusations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21, 21 rights of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19, 24 for libel, slander, or defamation. . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 judicial, to continue and remain unaffected by adoption of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 PROTECTION, of legal rights by due process of law and justice. . . . . . . . II 14, 14 PROXY VOTING, prohibited in taxpayers’ election. . . . . . . . . . . . . . . . . . . . . . . III 97 PUBLIC, can acquire servitudes of way by prescription. . . . . . . . . . III 350 PUBLIC ACCOUNTS, See SUPERVISOR OF PUBLIC FUNDS. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1163 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume PUBLIC AGENT, granting of extra compenation, fee, or allowance to, ex- press authority of law required. . . . . . . . . . . . . . . . . . PUBLIC ASSISTANCE ACT, blind persons, assistance authorized. . . . . . . . . . . . . . . . . . . . II dependent children, assistance authorized. . . . . . . . . . . . . . . . II legislative power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II mothers' pensions, authority to provide for. . . . . . . . . . . . . . II old-age assistance, authority to provide for . . . . . . . . . . . . . . II tax levies authorized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II PUBLIC BELT RAILROAD, See BONDS; NEW ORLEANS. belongs to people of New Orleans. . . . . . . . . . . . . . . . . . . . . . IV bonds and notes against public belt railroad fund may be issued by city of New Orleans. . . . . . . . . . . . . . . . . . . IV commission authorized to construct, maintain and operate bridge across Mississippi River. . . . . . . . . . . . . . . . . . . IV conditions of its use of railroad passenger stations and railroad facilities of the city of New Orleans. . . . . . IV duties of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV with regard to railroad passenger stations. . . . . . . . . . . . IV how bonds for, paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV how commission composed. . . . . . . . . . . . . . . . . . . . . . . c - e º e º e IV its commission controls and manages railroad passenger stations and railroad facilities of city of New Or- leans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV issuance of bonds authorized for . . . . . . . . . . . . . . . . . . . . . . . . IV limitation of rights granted railroad companies on . . . . . . . IV not to be controlled, used or operated by any railroad COmpany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV not to be hypothecated or alienated. . . . . . . . . . . . . . . . . . . . . IV operation of trains by railroad companies on. . . . . . . . . . . . IV provided for in New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . IV to be operated by public belt railroad commission for the city of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV PluſBLIC BELT RAILROAD BONDS. . . . . . . . . . . . . . . . . . ... e. e. IV PUBLIC BOARDS, taxing power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III PUBLIC BODIES, ETC., at time of adoption of constitution, See SCHEDULE. PUBLIC CALAMITY, bond issues to cover deficiency in revenue. . . . . . . . . . . . . . . . III loans to parish, approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III postponement of taxes on account of... . . . . . . . . . . . . . . . . . III PUBLIC CHARITABLE INSTITUTIONS, See CHARITY. PUBLIC CHARITIES, See CHARITY; STATE INSTITUTIONs. moneys for, inclusion in general appropriation bill. . . . . . . II PUBLIC CONTRACTOR, granting of extra compensation, fee, or allowance to, ex- press authority of law required. . . . . . . . . . . . . . . . . . II PUBLIC CONTRACTS, state highways, approval of contracts. . . . . . . . . . . . . . . . . . II Page” 380 374 374 374 374 374 374 349 354 354 196, 360 349, 354 360 350 349 360 350 360 349 349 3.54 349 349 350 269, 269 200 200 200 206, 206 380 239 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1164 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” PUBLIC CORPORATIONS, See CORPORATIONs; POLITICAL CORPORATIONS. carrying on business of private concern prohibited. . . . . . II 354, 354 loan of credit prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 purchasing stock in private corporation prohibited. . . . . . II 354, 354 PUBLIC DANGER, indictment or presentment not necessary by grand jury in time of war or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 PUBLIC DEBT, See STATE DEBT. moneys for, inclusion in general appropriations bill. . . . . . II 206 PUBLIC DOCUMENT, audit, to be available for inspection. . . . . . . . . . . . . . . . . . . . II 497 PUBLIC EDUCATION, See BOARD OF CONTROL OF STATE COLLEGES; PUBLIC SCHOOLS; SCHOOLS IN GENERAL. education of white and colored children in separate schools III 419,419 equalization fund, part of Public School Fund to be set aside as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 funds, Public School, College, University, amount to be transferred to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 parish and municipal school boards, legislature to provide for creation and election of . . . . . . . . . . . . . . . . . . . . . . III 458 personnel excepted from classified civil service noted. . . . . III 579 state school system, composition of . . . . . . . . . . . . . . . . . . . . . III 419,419 Superintendent of, appointment of . . . . . . . . . . . . . . . . . . . . . . III 425 PUBLIC FUNDS, See APPROPRIATIONS; FUNDS; GENERAL APPROPRIATION ACT; GENERAL FUND; SCHOOL FUNDS; TREASURY. accounts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 contingent funds prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 208, 209 credits or property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 210 education supported by, to be part of state educational System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 419 general highway funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239, 292–312 loans by state board of liquidation to parishes. . . . . . . . . . . III 200 Louisiana State University, funds for support. . . . . . . . . . II 318 not to be used to support private or sectarian schools. . . . . II 336, 337 officer charged with collection or custody, suspension when in arrears . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 118 person entrusted with custody, failure to account, barred from holding public office. . . . . . . . . . . . . . . . . . . . . . . . III 47, 118 prohibition against application to religious purposes. . . . . . II 336, 336 prohibition against local or special laws refunding monies legally paid into treasury. . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 prohibition against use of for support of private or sec- tarian schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336 restrictions on drawing money from treasury. . . . . . . . . . . . II 203, 203 school fund, state tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315 III 464 state debt to seminary fund, interest rate. . . . . . . . . . . . . . . III 472 state tax collector for the City of New Orleans’ fees go to State treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 PUBLIC HEARING, removal of members of Board of Commissioners of Port of New Orleans, requirement of . . . . . . . . . . . . . . . . . . III 629 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1165 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume PUBLIC IMPROVEMENT DISTRICTS, Calcasieu Parish, community center and playground dis-- trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Jefferson Parish public improvement districts. . . . . . . . . . . III PUBLIC IMPROVEMENTS, See IMPROVEMENTS. assessments, conferring authority to levy, by legislature.. III limiting special tax to be voted for. . . . . . . © e o e º e e e e º & e º e III parish funding bond, issuance authorizing. . . . . . . . . . . . . . . III PUBLIC INFAMY, testimony may not be withheld upon the ground of self- incrimination or subjection. . . . . . . . . . . . . . . . . . . . . . II PUBLIC LANDS, See LANDS; REGISTER OF THE STATE LAND OFFICE. donation to United States, purposes. . . . . . . . . . . . . . . . & © tº e II grants of rights of way, legislative authority. . . . . . . . . . . II Lake Pontchartrain, sale of submerged lands. . . . . . . . . . . . II lease of lands adjudicated to state. . . . . . . . . . . . . . . . . . . . . . II legislature’s power to alienate or authorize alienation. . . . II limitations of legislature's power. . . . . . . . . . . . . . . . . . . . . . . II reservation of mineral rights on sale of . . . . . . . . . . . . . . . . . II rights-of-way through . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II revenues from U. S. lands dedicated to state university. . . II PUBLIC MONIES, See PUBLIC FUNDS. publication of statement of receipts and expenditures. . . . II PUBLIC, NOTARY, See NOTARY PUBLIC. PUBLIC OFFICE, See OFFICES; OFFICERS. eligibility to hold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III removal from . . . . . . . . . . . . . . . . & © º e g g º ºs e - © e o e º ºs e º e º 'º e º e III right to, cases involving, district court to have exclusive original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacated by removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III PUBLIC OFFICIALS, See ATTORNEY GENERAL; CIVIL SERVICE; ConstABLES; CORONERS; INDIVIDUAL OFFICERs; OFFICERs; OF- FICES; SHERIFFS. accepting bribe, disqualification from holding office. . . . . . III aged and incapacitated, retirement system for, legislature not to be denied power to provide. . . . . . . . . . . . . . . . II and beneficiaries of aged and incapacitated, retirement system for, legislature not to be denied power to provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II annual audit of records of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appointment of, during proceedings of impeachment. . . . . . III in cases of removal, not to be completed until cause is finally decided . . . . . . . . . . . . . . . . . . . . . . . . . Q & e º e º e º º III to fill office until decision of impeachment. . . . . . . . . . . . III appointment to same office by governor, prohibited where previous rejection by Senate. . . . . . . . . . . . . . . . . . . . . II appointments by governor, of rejected nominees, during recess of Senate, prohibited. . . . . . . . . . . . . . . . . . . . . . II auditor, power and duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II auditor, selection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 408 398 276 270 374 22, 22 362,362 366, 366 531 351,351 351, 351 344, 351, 351 351,351 366, 366 3.18 203, 203 56, 57 111 693 56, 57 47 369 369 497 110 117 110 478 478,478 497 496 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1166 Vol. IV Provisions of Present Constitution and Projet º Volume Page” charged with custody or collection of public funds, sus- pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 118, 119 by governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 118, 119 cause for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 118, 119 upon recommendation of auditor. . . . . . . . . . . . . . . . . . . . . . III 118, 119 upon recommendation of governing authority of parish. III 118, 119 compensation, change in salary to be effective at end of term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 341 effect of adoption of constitution on. . . . . . . . . . . . . . . . . . . . . III 739 judicial judges and officers, receipt of fees as compen- sation for Services prohibited. . . . . . . . . . . . . . . . . . . . II 581 Succeeding or acting governor, same as that of governor II 472 continuance in office unless removed or suspended, re- quirement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 93, 93 defaulting, failure to make settlement, suspension. . . . . . . . III 47 disbursements to, civil service rules regulating, permitted. III 585 discrimination against in civil service action, prohibited. . III 582 disqualifications, change of residence. . . . . . . . . . . . . . . . . . . . III 56, 57 governor debarred from any office of state by impeach- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 governor, failure to qualify, order of succession. . . . . . . . II 467 removal from office by vote of legislature. . . . . . . . . . . . . . III 111, 111 duality of office holding prohibited. . . . . . . . . . . . . . . . . . . . . . III 92, 92 duties, to be discharged until successor inducted into office III 93, 93 either elected or appointed, cause for impeachment. . . . . . III 109, 109 elected, excepted from classified civil service. . . . . . . . . . . . . III 579 election of, legislature shall fix time for . . . . . . . . . . . . . . . . III 58 returns to be made to secretary of state. . . . . . . . . . . . . . III 83, 83 eligibility to hold office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 executive department, commencement of office, date of . . . . . II 440, 441 compensation, fixed by legislature. . . . . . . . . . . . . . . . . . . . II 444 compensation, other than fixed by legislature, prohibited II 444 composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 return of elections to secretary of state. . . . . . . . . . . . . . II 442, 443 tie vote, method of election by legislature. . . . . . . . . . . II 442, 443 governor, failure to qualify, order of succession. . . . . . . . II 467, 467 governor, vacancy in office. . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 governor ineligible to be own immediate successor. . . . . II 450, 451 executive department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 tie vote, selection by legislature. . . . . . . . . . . . . . . . . . . . . . II 440, 441 qualifications for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 failure to account for moneys received, disqualified from holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 47 fees and perquisites, right to claim limited. . . . . . . . . . . . . . III 98 franking privileges prohibited . . . . . . . . . . . . . . . . . . . . . . . . . III 100 governor, absence from state, declaration of . . . . . . . . . . . . . II 472 notice of return to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . II 472 governor, impeachment of... . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 suspension from office during pendency of charges. . . . . . II 482 governor may require written information from . . . . . . . . . . II 459 governor-elect, disqualification from office, order of suc- cession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 granting of extra compensation, fee, or allowance to, ex- press authority of law required. . . . . . . . . . . . . . . . . . II 380 holding office, disqualifications, enumerated. . . . . . . . . . . . . . III 45, 46 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. - 1167 Vol. IV Index & º ( * * Part I Provisions of Present Constitution and Projet Volume PUBLIC OFFICIALS, (continued) impeachment of, causes for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III impeachment not required for removal. . . . . . . . . . . . . . . . . . III impeachment or removal from office. . . . . . . . . . . . . . . . . . . . II III state and district officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . II III investigation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judiciary, receipt of fees as compensation for services prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II legalizing unauthorized or invalid acts prohibited. . . . . . . . II liabilities for breach of trust, homestead subject to seizure II lieutenant governor, presiding officer of the senate. . . . . . . . II Succession to governorship. . . . . . . . . . . . . . . . . . . . . . . . . . . II nomination and appointment of by governor. . . . . . . . . . . . II oath of office prescribed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III occupational license tax not to be levied on. . . . . . . . . . . . . . . III offering bribe, disqualification from holding office. . . . . . . . III office not forfeited by adoption of constitution. . . . . . . . . . . III officers commissioned by governor. . . . . . . . . . . . . . . . . . . . . . . III passes prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III power and duties, oath of office, affirmation to perform to the best ability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III prohibited from receiving money from treasury for con- tingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II qualifications, ineligibility to hold office upon changing residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III must be elector where election or appointment made. . . III residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III recall election permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III recess appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II removal from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III acquittal in suits for; recovery for costs and attorney’s fee allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appeals permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III removal from office as cause for ineligibility for succession to office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III district court empowered to remove, governor and lieu- tenant governor excepted . . . . . . . . . . . . . . . . . . . . . . . III grounds for removal stated at length in address of legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III method of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III for all execpt governor, lieutenant governor and judges of courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III suit for removal, in district court, method of bringing. . III ten days’ citation to be allowed in all suits. . . . . . . . . . . . III two-thirds of members of legislature concurring. . . . . . . III without impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . s e s a III residence as qualification to hold office. . . . . . . . . . . . . . . . . . III superintendent of public schools excepted. . . . . . . . . * @ 9 º' s III residence requirements, office holders under Constitution of 1921 not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III residence, when districts are changed, to serve remainder of term, thereafter successors shall be elected or appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III retirement system for aged and incapacitated, legislature not to be denied power to provide. . . . . . . . . . . . . . . . II Page” 109, 109 111, 111 483 109, 109, 119 483 109, 109 160, 160 581 387, 388 35 489, 489 467, 467 475, 475 91, 91 189 47 739, 740 83 100 91, 91 208 56, 57 56, 57 56, 57 119, 119 478, 478 116, 116 117, i17 117, 117 111 111 116, 116 111, 111 111 116 116, 116 117, 117 111, 111 111, 117 56, 57 57 739 56 369 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 11.68 Vol. IV Provisions of Present Constitution and Projet º Volume Page” returns from elections of, to be made to secretary of state III 83, 83 salaries, changing of, by legislature. . . . . . . . . . . . . . . . . . . . II 341, 341 Salary fixed by constitution, legislature's power to change two-thirds vote required to change salary. . . . . . . . . . II 341 Selection, legislature may provide mode of filling offices created by it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 475, 475 nomination and appointment by governor. . . . . . . . . . . . . . II 475, 475 recess appointment by governor, limitations. . . . . . . . . . . II 478 vacancy appointments, failure of governor to submit names, effect of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 voting in state, district, requirements noted. . . . . . . . . . III 41, 41 special and local laws legalizing unauthorized and invalid acts of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387 state superintendent of public education, appointment of III 425 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 428 Subject to suspension when in arrears. . . . . . . . . . . . . . . . . . III 118, 119 Suit for removal from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117, 117 suspension from office pending suit. . . . . . . . . . . . . . . . . . . . . III 117 suspension of, during proceedings of impeachment. . . . . . . . IIi 110 Suspension of officers by governor. . . . . . . . . . . . . . . . . . . . . . III 118, 119 auditor of state recommending. . . . . . . . . . . . . . . . . . . . . . . III 118, 119 official in arrears with public funds. . . . . . . . . . . . • * * * * * * III 118, 119 police jury recommending . . . . . . . . . . . . . . . . . . . . . . . . . . IIſ 118, 119 tax assessor, provisions relating to . . . . . . . . . . . . . . . . . . . . . III 320, 320 term of office, change in salary to be effective at end of current . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 341 effect of adoption of constitution on. . . . . . . . . . . . . . . . . . HII 739 time of electing, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . II 792 under civil service, religious or political discrimination prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 vacancy appointments by governor, date of expiration of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 vacancy in office, governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 when changing residence from state, district, parish, or municipality, or ward where election or appoint- ment made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 when excepted from classified civil service. . . . . . . . . . . . . . . III 579 PUBLIC PRINTING, contracts for printing, bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 122 courts of appeal, publication of decisions. . . . . . . . . . . . . . . . II 567 interest in contracts on part of officers or members pro- hibited . . . . . . . . . . . . . . . . . . . . . . e e e s e º e o e º e s e e e º e e II 122 legislative matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iſ 122 Supreme Court reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 PUBLIC PRISON, person confined in, prohibited from registering to vote. . . III 45, 46 persons confined in, prohibited from voting. . . . . . . . . . . . . . III 45, 46 PUBLIC PROPERTY, See PROPERTY. exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 164, 164 PUBLIC PURPOSES, constructions on riparian property for. . . . . . . . . . . . . . . . . . III 609, 610 private property and vested rights to be compensated when taken for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 provisions for taking or damaging private property. . . . . . II 8, 8 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1169 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume PUBLIC RECORD, item approval or disapproval of proposals of Board of Liquidation of the State Debt, made. . . . . . . . . . . . . II PUBLIC RECORDER, See PARISH RECORDER. separate parish, may be established where population over one hundred thousand . . . . . . . . . . . . . . . . . . . . . . . . . . . II to give bonds as required by law. . . . . . . . . . . . . . . . . . . . . . . II PUBLIC ROADS, See HIGHWAYS; ROADS. convicts may work on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II moneys for, inclusion in general appropriation bill. . . . . . II PUBLIC SAFETY, habeas corpus, suspension of writ. . . . . . . . . . . . . . . . . . . . . . II suspension of writ of habeas corpus. . . . . . . . . . . . . . . . . . . . II PUBLIC SCHOOL FUND, amount to be transferred to. . . . . . . . . . . . . . . . . . . . . . . . . . . III part to be set aside as equalization fund. . . . . . . . . . . . . . . . III PUBLIC SCHOOL LANDS, state to pay interest on funds arising from sale of . . . . . . III where erroneously sold by state, considered loan. . . . . . . . . III PUBLIC SCHOOLS, See EDUCATION ; SCHOOL FUNDS; SCHOOLS. ages of children to attend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III coordination of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III education of white and colored children in separate. . . . . . III elementary Schools, course of study. . . . . . . . . . . . . . . . . . . . III equalization fund for, to be administered by State Board of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III exercises to be in English language. . . . . . . . . . . . . . . . . . . . . . III how fund for support of derived. . . . . . . . . . . . . . . . . . . . . . IH kindergartens authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III moneys for, inclusion in general appropriation bill. . . . . . II part of state educational System. . . . . . . . . . . . . . . . . . . . . . . III personnel excepted from classified civil service. . . . . . . . . . III special and local laws regulating management, buildings, repairing, and raising money for, prohibited e e º e º 'º If special funds available for support of . . . . . . . . . . . . . . . ... • e e II enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II III standard of higher education to be set by Louisiana State University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state school system composition of . . . . . . . . . . . . . . . . . . . . . . III taxes levied for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II PUBLIC SERVANT, granting of extra compensation, fee, or allowance to, ex- press authority of law required. . . . . . . . . . . . . . . . . . . II special and local laws legalizing unauthorized and invalid acts of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II PUBLIC SERVICE COMMISSION, See LOUISIANA PUBLIC SERVICE COMMISSION. appeals from orders and decrees. . . . . . . . . . . . . . . . . . . . . . . . II preference over other cases. . . . . . . . . . . . . . . . . . . . . . . . . . II summary trial of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . II taking to Supreme Court, return day. . . . . . . . . . . . . . . . . II time allowed for taking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 212 764 764 410, 411 206 26, 26 26, 26 460 460 471 470 419 433 419,419 493 460 493 315 419 206 419,419 579 387 315 315 461 493 419,419 315 380 387 398 398 398 398 398 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1170 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” books and papers, power to compel production. . . . . . . . . . . . II 398 cities and towns, retention or surrender of powers over utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 400 commission appealing, no bond required. . . . . . . . . . . . . . . . . II 398 composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 396, 397 connection with common carrier or public utility pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 contempt of, power to punish. . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 districts created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 396, 400 parishes comprising district . . . . . . . . . . . . . . . . . . . . . . . . . II 396, 400 enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 396 from which commissioners elected. . . . . . . . . . . . . . . . . . II 396 domicile of commission . . . . . . . . . . . . . . e e º e e º O e º e e e º 'º & © & © II 397 elected at congressional elections. . . . . . . . . . . . . . . . . . . . . . . II 397 existing laws continued in court. . . . . . . . . . . . . . . . . . . . . . . II 401 majority empowered to act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 meeting, power to hold throughout the state. . . . . . . . . . . . . II 397 members required to be qualified electors. . . . . . . . . . . . . . . . II 397 municipalities, surrender of jurisdiction over utilities. . . . II 400 number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 396, 397 orders of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398, 399 appeals from orders and decress of commission. . . . . . . . II 398 appellate jurisdiction of Supreme Court in appeals from district courts contesting . . . . . . . . . . . . . . . . . . . . . . . . II 626 effective date of orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 enforcement of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 remain in effect until set aside. . . . . . . . . . . . . . . . . . . . . . . II 398 temporary restraining orders against enforcement. . . . . II 398 violation of orders, penalty. . . . . . . . . . . . . . . . . . . . . . . . . . II 399 parishes, retention or surrender of power over utilities. . . . II 400 powers and duties, prescribed by legislature. . . . . . . . . . . . . II 396, 398 qualifications of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 railroad commission members continued in office until ex- piration of term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 rate and charges of utilities, power to fix. . . . . . . . . . . . . . . . II 398 resumption of powers over utilities by municipality. . . . . . II 400 retention of powers over utilities by municipality. . . . . . . . II 400 rules, power to adopt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 salary of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 secretary of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 397 state board of education members to be elected from dis- tricts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425, 426 supervisory power over utilities. . . . . . . . . . . . . . . . . . . . . . . . II 398 surrender of powers over utilities by municipality. . . . . . . . II 400 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 396, 397 traveling expenses, payment by state. . . . . . . . . . . . . . . . . . . . II 397 utilities, jurisdiction over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 witnesses, power to Summon. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 PUBLIC SERVICE COMMISSSION DISTRICTS, Louisiana Tax Commission members to be appointed from III 140 PUBLIC STOCKHOLDERS, legislature shall provide for the protection of . . . . . . . . . . . . II 396 PUBLIC TREASURY, See STATE TREASURY; TREASURY. PUBLIC TRIAL, right of accused to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1171 Vol. IV Index Part I Provisions of Present Constitution and Projet PUBLIC UTILITIES, P P P P bonds for, not to be charge on non-public utility income and revenues of political corporation. . . . . . . . . . . . . to be secured on mortgages on public utilities. . . . . . . . . . legislature may authorize parishes, wards and municipal- ites to vote special taxes in aid of certain public utilities . . . . . . . . . . . . . . . . . . . . . e e e g º e s e e º e º s e º e e e legislature may authorize political corporation to issue bonds for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pledge of income and revenues to pay bonds. . . . . . . . . . . . . vested rights may be divested for. . . . . . . . . . . . . . . . . . . . . . UBLIC WAYS, local and special laws concerning, prohibited. . . . . . . . . . . . UBLIC WELFARE, blind persons, assistance authorized . . . . . . . . . . . . . . . . . . . board of public welfare, appointment of members . . . . . . . . commissioner, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . expenses of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . members not to hold other public office . . . . . . . . . . . . . . nomination of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . state board panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vacancies, filling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . confederate veterans’ pensions, merger into system . . . . . . constitutional authority for . . . . . . . . . . . . . . . . . . . . . . . . . . . . crippled and dependent children . . . . . . . . . . . . . . . . . . . . . . . . mothers' pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . old-age assistance authorized . . . . . . . . . . . . . . . . . . . . . . . . . . personnel appointed by commissioner, merit system . . . . . . property used to conduct civic enterprises for, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . system of economic security and social welfare authorized taxes, licenses and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . UBLIC WHARFINGER, See WHARFINGER. UBLIC WORKS, convicts may work on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PUBLICATION. See ADVERTISEMENT. acts passed by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . contract for, of decisions let to best bidder . . . . . . . . . . . . . . decisions of Supreme Court and courts of appeal . . . . . . . . liberty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . local and special laws, notice of intention to apply for paSSage • - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . notice of intention of local or special law, content, manner, place and date, requirements of . . . . . . . . . . . . . . . . . . in same manner as advertisement of judicial sales . . . . . . of accounts of public funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . of act proposing indebtedness . . . . . . . . . . . . . . . . . . . . . . . . . . of books of acts of legislature . . . . . . . . . . . . . . . . . . . . . . . . . . of proposals to amend constitution, order of ballot to be same as order of publication . . . . . . . . . . . . . . . . . . . . requirements of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Volume III III III III III II II II II II II II Page” 333,333 333,333 277 333,333 333,333 8, 8 387, 388 374 376 376 376 376 376 376 376 376 376 376 374 374 374 374 374 376 173, 173 374 324 410, 411 161, 163, 163 567 567 9, 9 384, 385 384 384 203 343 161, 163, 163 704 704, 704 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1172 Vol. IV º & º º o | d Provisions of Present Constitution and Projet E.” Volume Page” to be in one newspaper in each parish in which news- paper is published. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 704, 704 of state receipts and expenditures, to be made at intervals of not less than a year . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 PUBLICATION OF NOTICE, acts passed by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 163, 163 local and special laws, notice of intent to apply for passage II 385 PUMPING PLANT, exempt from taxation, limitation . . . . . . . . . . . . . . . . . . . . . . . III 216 PUNISHABLE BEHAVIOR, disrespect, disorderly, contemptuous, of legislature . . . . . . II 118, 119, 126, 126 PUNISHMENT, See COMMUTATION OF SENTENCE; CRIME; LEGISLATURE, - MEMBERS, PUNISHMENT. at hard labor, cases requiring trial by jury, domestic rela- tions courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . by legislature in session, for disrespect by persons not members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . capital, requirement of trial by jury of twelve and unani- mous verdict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cruel and unusual, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . for diº conduct and contempt by members of legis- ature . . . . . . . . . . . -, e e º e º e º e º e e s e º 'º e e º e º 0 & © e º e º 8 º' impeachment not to prevent, otherwise according to law . . PURPOSE, title referring to general purpose and scope of statute . . . . QUALIFICATIONS, See various OFFICES; OFFICERS. attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . assistant attorneys general . . . . . . . . . . . . . . . . . . . . . . . . . . city and state personnel, civil service rules regulating, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . constables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COTOIlerS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . district attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . assistant district attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . judges in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . court of appeal judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . when serving on special section . . . . . . . . . . . . . . . . . . . . district court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . domestic relations courts judges . . . . . . . . . . . . . . . . . . . . . . judges transferred to another court . . . . . . . . . . . . . . . . . . municipal court judges, Orleans Parish . . . . . . . . . . . . . . . previous practice of law required, term as justice or judge included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . retirement of judges of courts of record, provisions . . . . judicial officers, parish of Orleans. . . . . . . . . . . . . . . . . . . . . . justices of the peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . members of Louisiana Tax Commission . . . . . . . . . . . . . . . . parish and municipal superintendents of education, to be fixed by State Board of Education . . . . . . . . . . . . . . . . registrar of voters, to be provided for by legislature . . . . . . representatives, house judge of . . . . . . . . . . . . . . . . . . . . . . . . senators and representatives . . . . . . . . . . . . . . . . . . . . . . . . . . II II II III II 739 126, 126 739 24, 24 118, 119 110 168, 168 753, 753 753 585 707 767, 767 754, 755 753, 758 593, 640, 661 639, 639 570 660, 661 729 570 706, 714 593, 640, 661 583 791 706 140 458, 458 84 118, 119 113, 113 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1173 Vol. IV Index Part 1 Provisions of Present Constitution and Projet Volume QUALIFICATIONS, (continued) Senators, Senate judge of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II state superintendent of public education, to be fixed by state board of education . . . . . . . . . . . . . . . . . . . . . . . . III Supreme Court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III voters, in all elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III QUARTERING OF ARMED FORCES IN HOUSES, prohibited in time of peace without consent of owner . . . . II QUARTERLY REPORT, See REPORT. QUORUM, Board of Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Board of Public Welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II courts of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II liquefied petroleum gas commission . . . . . . . . . . . . . . . . . . . . II majority of members of each house shall form . . . . . . . . . . II of houses of legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Supreme court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II QUO WARRANTO, right of judges and courts to issue writ of . . . . . . . . . . . . . . II R RAILROAD COMMISSION, See LOUISIANA PUBLIC SERVICE COMMISSION. IU RAILROADS, See BRIDGES; HARBOR DISTRICTs; PORT DISTRICTs; PUBLIC SERVICE COMMISSION ; RAILWAY; RIGHTS-OF-WAY; STREET PASSENGER RAILROADs; TERMINAL DISTRICTs. belt railroad, city of New Orleans . . . . . . . . . . . . . . . . . . . . . . IV belt railroad bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV certain rights granted railroad companies by city of New Orleans exempt from taxation . . . . . . . . . . . . . . . . . . . IV city of New Orleans authorized to acquire and operate . . . . IV authorized to contract with railroad companies for use of city’s railroad passenger stations and railroad facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV may make loans to railroad companies . . . . . . . . . . . . . . . . IV shall not expropriate existing railroad facilities . . . . . . . . IV combination bridge built by highway commission . . . . . . . . II declared public highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II expropriation of other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II interchange of traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II limitation of rights granted railroad companies on public belt railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV operation of trains by railroad companies over public belt railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV operation of trains over bridge across Mississippi River at or near New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . IV passes to public officials prohibited . . . . . . . . . . . . . . . . . . . . III power of city of New Orleans to compel railroad companies to use city’s railroad passenger station and railroad facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV provisions for eliminating certain grade crossings in New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV public highways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 118, 119 425 590, 591 20 7, 12, 17, 20, 97 17, 17 531 376 639, 639 517 130 130, 131 130, 131 590, 591 580, 580 396, 397 349 350 360 354 360 360 360 239 38 38 38 360 354 354 100 360 360 38 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1174 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” public service commission, powers over . . . . . . . . . . . . . . . . . . II 398 power to fix rates, fares and tolls . . . . . . . . . . . . . . . . . . . . II 398 right of way, for the construction of, power of state to grant not to be denied by limitation on use of state tº credit, funds, or property . . . . . . . . . . . . . . . . . . . . . . . . II 366 right to cross each other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 38 rights-of-way for railroads through public lands . . . . . . . . II 366 rolling stock, taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 145, 145 tax levies in aid of road, limitation on amount . . . . . . . . . . III 277 transport each other's property without delay or discrimi- nation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 38 RAILWAYS, See BRIDGES; RAILROADS; RIGHTS-OF-WAY; STREET RAIL- WAYS. legislature may authorize parishes, wards and municipali- ties to vote special taxes in aid of railway enter- prises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 277 RATE REGULATION, public service commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 398 RATES, See SEWERAGE AND WATER BOARD OF THE CITY OF NEW ORLEANS. municipal taxes, legislature to fix maximum . . . . . . . . . . . . . III 269, 269 of interest, special and local laws on fixing, prohibited . . . . II 387, 388 READ, ability to, as a requirement to vote . . . . . . . . . . . . . . . . . . . . . III 20, 20 READING, bills in legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 139, 139, 151, 152 refer bills to Legislative Bureau before third. . . . . . . . . . . . II 146, 146 READING OF BILLS, in full at request of five members . . . . . . . . . . . . . . . . . . . . . . II 151, 152 REAL ESTATE, title to, cases involving, district court to have exclusive original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 valuation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 REAL PROPERTY, alien ineligible to citizenship may not own, control or acquire interest in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 41 assessment for taxation, surveys and maps, right to provide III 202 justice of peace without jurisdiction, title to realty in- volved . . . . . . . . . . . . e e e º e º e º e º e º e o e º e s tº e º is tº a tº e º 'º º II 706 legislature to enact laws for enforcement of section . . . . . . II 38 restrictions on corporations owning or holding . . . . . . . . . . . II 38 REAPPORTIONMENT, promulgation of . . . . . . . . . e s e s e e g º e º e s a e e º e º e º e e s e is e s e e II 81 subject to judicial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 REBELLION, habeas corpus, suspension of writ because of . . . . . . . . . . . . II 26, 26 RECALL, election, legislature may pass laws permitting . . . . . . . . . . . III 119, 119 restriction on legislative power to pass laws for recall elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 119 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1175 Vol. IV Index Part I Provisions of Present Constitution and Projet . Volume Page” RECEIPTS, See PUBLIC FUNDs; REVENUE, STATE FINANCES. form to be used by supervisor of public accounts ........ II 312 to be legal evidence of payment of gasoline tax . . . . . . . . . . II 312 RECESS APPOINTMENTS, See GOVERNOR; OFFICES. by governor, prohibited when appointee previously rejected . by senate for same office . . . . . . . . . . . . . . . . . . . . . . . . II 478 expiration of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 rejected appointee not to be appointed . . . . . . . . . . . . . . . . . . II 478,478 RECLAIMED LAND, Board of Levee Commissioners of Orleans Levee District authorized to sell, lease, regulate, impose servitudes III 611 RECLAMATION, alienation of the fee of the bed of navigable body of water by legislature permitted for, . . . . . . . . . . . . . . . . . . . . II 351,351 overflow and swamp land, powers of legislature . . . . . . tº dº e e III 410 RECOMMENDATIONS, See GOVERNOR; LEGISLATURE. by governor to legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 452 RECONVENTIONAL DEMANDS, appeals from judgment on . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 564, 564 first city court, Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . II 710 RECORDER, See PUBLIC RECORDER; RECORDER OF CONVEYANCEs; RE- CORDER OF MORTGAGES. Orleans Parish to have separate parish . . . . . . . . . . . . . . . . II 764 separate parish, may be established where population over one hundred thousand . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 RECORDER OF CONVEYANCES, See PUBLIC RECORDER. clerk ex-officio recorder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 764, 764 fees regulated by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . II 582 payment of salaries from fees . . . . . . . . . . . . . . . . . . . . . . . . . . II 582 RECORDER OF MORTGAGES, See CLERKS OF COURTS; PUBLIC RECORDER. clerks of court to be ex officio . . . . . . . . . . . . . . . . . . . . . . . . . . II 764 duties in connection with judicial expense fund . . . . . . . . . . II 677 fees and charges, power of civil district court to fix . . . . . . II 677 number of deputies and employees, power of civil district court to regulate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 677 Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 765 parish, municipal charter or amendments passed to be - filled with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 249 vacancy in office, how filled temporarily . . . . . . . . . . . . . . . . II 765 RECORDER'S COURT, appeal from to criminal district court, Orleans Parish . . . . II 696 appeal to district court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 703 jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 714 RECORDS, auditor to have access to financial records . . . . . . . . . . . . . . . II 497 availability for inspection by citizens . . . . . . . . . . . . . . . . . . II 492 availability of certified copies, at reasonable fee . . . . . . . . II 492 civil service rules governing uniform regulations of at- tendance records, permitted . . . . . . . . . . . . . . . . . . . . . . III 585 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1176 Vol. IV © º º tº e ſ Provisions of Present Constitution and Projet º: Volume Page” corporations to keep record books within state . . . . . . . . . . . . II 39 custodian of, secretary of state . . . . . . . e e s e e º e º e º & © e º 'º e e II 492 RECREATION AND PARK COMMISSION, of East Baton Rouge Parish . . . . . . . . . . . . . . . . . . . . . . . . . . III 310 RECREATION CENTERS, property constituting, exempt from taxation . . . . . . . . . . . . . III 173, 174 RECTORIES, religious, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . III 165, 165 REDEMPTION, See BONDS; CERTIFICATES OF INDEBTEDNESS; EVIDENCES OF INDEBTEDNESS; NOTES. legislature to provide procedure for, from sale of property for unpaid taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 no reservation of mineral rights on . . . . . . . . . . . . . . . . . . . . II 351, 351 of immovable property, when not sold or disposed by state III 204 when prior to adoption of this constitution . . . . . . . . . . . . III 204 of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 REDRESS, of grievances by petition or remonstrance . . . . . . . . . . . . . . II 14, 14 RED RIVER, funds for bridges across . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 REENACTING LAWS, not necessary in integrating laws into Revised Statutes .. II 169 REFEREES, domestic relations court, not excepted from civil service . . III 579 REFERENCE LINES, not part of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 754,754 REFUND, gasoline tax . . . . . . . . © tº e o O & e e © & © º 'º e º 'º tº º e g º ºn tº º e º º ºs º ºs º º º e II 292 motor fuel lost or destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . II 292 REFUNDING, II 444 See BONDS; CERTIFICATES OF INDEBTEDNESS; EVIDENCES OF II 428 INDEBTEDNESS; NOTES. prohibition against local or special laws refunding monies legally paid into treasury . . . . . . . . . . . . . . . . . . . . . . REFUNDING BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 374 payment . . . . . . . . . . . & © tº e º & © e º 'o e º e º & © tº e º 'º e º 'º e - © tº e º e º e º 'º III 383 school boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 383 REGISTER, to vote, on own personal application in accordance with law III 17 REGISTER OF THE STATE LAND OFFICE, appointment to fill vacancy, ratification by senate . . . . . . . . II 428 appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 elective office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 fees collected by, go to the general fund . . . . . . . . . . . . . . . . II 444 how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº E tº e II 428 how vacancy in office filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 legislature's duty to make appropriations for expenses of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 member of executive department . . . . . . . . . . . . . . . . . . . . . . . II 428 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º º e º º term of . . . . . . . . . . . . . . . . . . . e e e e a s e is e o e o e o C C & G → * • e º 'º - O - II 388 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1177 Vol. IV Index & ſº ſº © Part I Provisions of Present Constitution and Projet Volume REGISTERED VOTERS, qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III removal to another precinct in same parish . . . . . . . . . . . . . . III REGISTERS OF CONVEYANCES, See CLERKS OF COURTS. costs and charges, power of civil district court to fix . . . . . . II duties in connection with judicial expense fund. . . . . . . . . . II number of deputies and employees, power of civil district court to regulate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy in office of, how filled temporarily . . . . . . . . . . . . . . II REGISTRAR OF VOTERS, appointment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III compensation, to be provided for by legislature . . . . . . . . . . III deputies, may be authorized by legislature . . . . . . . . . . . . . . III duties, to be provided for by legislature . . . . . . . . . . . . . . . . III employees of, excepted from classified civil service . . . . . . . . III no other person shall exercise powers of . . . . . . . . . . . . . . . . III provision for, each parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . III qualifications, to be provided for by legislature . . . . . . . . . . III removal of, to be provided for by legislature . . . . . . . . . . . . III temporarily prohibited from holding other office . . . . . . . . . . III when vacancy not filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III REGISTRATION OF WOTERS, appeal from verdict, right to register denied . . . . . . . . . . . . III applicant must be able to identify himself . . . . . . . . . . . . . . III applicant shall be able to read constitution clause. . . . . . . . III blank application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III board of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III members of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III power to remove registrars . . . . . . . . . . . . . . . . . . . . . . . . . . III books close thirty days before election . . . . . . . . . . . . . . . . . . III constitutional requirements concerning . . . . . . . . . . . . . . . . . III disfranchised persons prohibited from registering . . . . . . . . III enforcement of right to register . . . . . . . . . . . . . . . . . . . . . . . . III form of application for registration . . . . . . . . . . . . . . . . . . . . III fraudulent registration, legislature to provide for punish- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III illegal registration, legislature to provide for punishment III inmates of Carville hospital excepted from this provision . . III jury trial to determine right . . . . . . . . . . . . . . . . . . . . . . . . . . III legislation regarding, to be uniform throughout state . . . . III legislature shall provide for . . . . . . . . . . . . . . . . . . . . . . . . . . . III minors reaching majority within thirty days of election . . III names illegally on rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III new trial, action to enforce right to register . . . . . . . . . . . . III oath of physical disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III persons prohibited from registering to vote, enumerated . . III poll book registration not required . . . . . . . . . . . . . . . . . . . . . III prosecution for illegal registration provided . . . . . . . . . . . . III provisions not to apply to citizens registered at time of adoption of constitution. . . . . . . . . . . . . . . . . . . . . . . . . . III purging registration lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appeal from order striking name from list . . . . . . . . . . . . III jury trial . . . . . . . . . . . . . . . . . . ... : . . . . . . . . . . . . . . . . . . . . . e III registrar of voters, country parishes . . . . . . . . . . . . . . . . . . . III Page” 7, 12, 17, 97 41, 42 677 677 677 765 765 84 84, 84 84 84 579 84 84, 84 84 84 84 84 50, 50 20 20 20 84 84 84 84 9, 17 7, 7, 20, 45 45, 46 50, 50 7, 20 50 50 46 50 20 84 9, 17 50, 50 50 20, 20 45, 46 97 50, 50 20 50, 50 50 50 84, 84 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1178 Vol. IV Provisions of Present Constitution and Projet º, Volume Page” appointed by police jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 84, 84 commission issued by governor . . . . . . . . . . . . . . . . . . . . . . III 84 compensation, payment by state and parish . . . . . . . . . . . . III 84 qualifications for holding office . . . . . . . . . . . . . . . . . . . . . . . III 84, 84 registrar of voters, Orleans Parish . . . . . . . . . . . . . . . . . . . . III 84 appointed by governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 84 commission issued by governor. . . . . . . . . . . . . . . . . . . . . . . III 84 compensation, payment by state and parish . . . . . . . . . . . . III 84 qualifications for holding office . . . . . . . . . . . . . . . . . . . . . . III 84 registration in poll books not required . . . . . . . . . . . . . . . . . . III 97 remedy for denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 removal from one precinct to another in same parish . . . . III 41, 42 re-registration in new precinct . . . . . . . . . . . . . . . . . . . . . . III 42 removal in same parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 42 required of electors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 17, 17 right to appeal to district court when denied right to register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 those denied right can appeal to district and supreme courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 transfer from precinct to precinct. . . . . . . . . . . . . . . . . . . . . III 9, 17, 41 voters becoming qualified within thirty days of election . . III 9, 17 when applicant unable to read . . . . . . . . . . . . . . . . . . . . . . . . . III 20 when applicant unable to write due to disability . . . . . . . . . III 20, 20 REGISTRATION OFFICER, voting registration by, in cases of physically disabled registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 20 REGISTRATION ROLLS, right of citizens to apply to have illegal names sticken off III 50, 50 REGISTRY, See BONDS. REGULATION OF KEEPING AND BEARING ARMS, laws permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 REGULATIONS, of impeachment court, made by members thereof . . . . . . . . II 482 REHEARING, application for, in Supreme Court, heard by different divi- sion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 591 to be decided by Supreme Court en banc . . . . . . . . . . . . . . . . II 591 RE.JECTED, bill or resolution, reintroduction at same legislative session, restriction on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150, 151 RELEASE, of debts, liabilities or obligation to state parishes or mu- nicipal corporations by legislature prohibited . . . . . . II 383,383 of heirs to confiscated property from taxes authorized .. II 383,383 RELIEF FUND, See PROPERTY TAX RELIEF FUND. III 185, 186 RELIGION, See MINISTERS OF RELIGION. discrimination for and against, prohibited . . . . . . . . . . . . . . II 13, 336, 336, 582 drawing money from public treasury for, prohibited . . . . II 336, 336 establishment of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 free exercise of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 freedom of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 legislature may authorize trusts and fidei commissa for religious purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1179 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume RELIGION, (continued) natural right to worship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II no preference to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II place of religious worship, exempt from taxation . . . . . . . . III RELIGIOUS DISCRIMINATION, prohibition against in civil service action . . . . . . . . . . . . . . . III RELIGIOUS INSTITUTIONS, donations and legacies to, tax exempt . . . . . . . . . . . . . . . . . . . III RELIGIOUS LIBERTIES, preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II RELIGIOUS SECTS, state aid prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II RELIGIOUS TEACHER, drawing money from public treasury to aid, prohibited . . II REMEDY, See JUSTICE. by due process of law and justice for injury done to rights, lands, goods, person or reputation . . . . . . . . . . . . . . . . II right to adequate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II REMISSION, See DEBTS; FINES; ForFEITURE; LIABILITIES; OBLIGATIONS. prohibition against local or special laws remitting fines, penalties and forfeitures . . . . . . . . . . . . . . . . . . . . . . . . II REMONSTRANCE, for redress of grievances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II political subdivision, bond issues, remonstrances against .. III REMOVAL, from parish, right to vote in cases of . . . . . . . . . . . . . . . . . . III REMOVAL FROM OFFICE, See IMPEACHMENT. address by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III attorney general, where suit to be brought . . . . . . . . . . . . . . III Board of Commissioners of Port of New Orleans, provision relating to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III by impeachment, appointment of new officer until decision III disbarment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III governor excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III not to prevent prosecution and punishment otherwise according to law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III proceeding to suspend officer . . . . . . . . . . . . . . . . . . . . . . . . III citation in suits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III city and state civil service commissions, by Article VIII .. III city and state personnel, civil service rules regulating, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III clerks of Supreme Court and courts of appeal . . . . . . . . . © tº e II district attorney, where suit to be brought . . . . . . . . . . . . . . III district court, empowered to remove . . . . . . . . . . . . . . . . . . . . III governor and lieutenant governor excepted . . . . . . . . . . . . III suit for removal, method of bringing . . . . . . . . . . . . . . . . . . III district officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III from board of supervisors of Louisiana State University and Agricultural and Mechanical College . . . . . . . . . . III from office for any reasonable cause permitted . . . . . . . . . . III from office of judges of Supreme Court, method of . . . . . . . . III Page” 13, 13 13, 13 165, 165 582 189, 190 7, 7 336, 336 336 14, 14 14, 14 387, 388 14, 14 387 41, 42 111, 111 117, 117 116, 116 629 110, 110 110, 110 110 110 110 117, 117 576 585 567 116 116 116, 116 116, 116 116, 116 426 111 113, 113 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 1180 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 483 & e tº III 109, 109, 116 institution of suit by attorney general or district attorney III 116, 117 governor, by impeachment only . . . . . . . . . . . . . . . . . . . . . . . . II 482 judges of courts of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114, 114 causes enumerated in Article VIII, Section 1 . . . . . . . . . . III 114 grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 109, 110 method of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114 procedure for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114 Supreme Court empowered to remove, procedure . . . . . . . III 109, 114 trial, Supreme Court to make rules for speedy and economical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114 written requests to institute suit, requirement of . . . . . . III 114 judges of Supreme Court, composition of court in . . . . . . . . III 113 judgment of court of nine judges required . . . . . . . . . . . . III 113 members of removal court may be challenged for rea- sonable cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113 method of request for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113 request by active members of bar . . . . . . . . . . . . . . . . . . . . III 113 request by one hundred citizen taxpayers . . . . . . . . . . . . . . III 113 request by two justices of Supreme Court . . . . . . . . . . . . . III 113 suit to be accompanied by specific charges . . . . . . . . . . . . III 113 suit to be instituted by attorney general at specific re- quest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113 suit may be instituted by assistant attorney general when authorized by attorney general . . . . . . . . . . . . . . . . . . III 113 written request with specific charges, requirements of . . III 113 judgment in favor of officer, recovery of costs and attor- neys’ fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117, 117 jurisdiction in suits for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 jurisdiction, suits to remove judges of courts of record . . III 114, 114 legislature's power to remove by address, governor excepted III 111, 111 method of bringing charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 111, 116, 116 method of, for all except governor, lieutenant governor. . . . and judges of courts of record. . . . . . . . . . . . . . . . . . . . III 116, 116 recovery of costs of trial upon favorable judgment. . . . . III 117, 117 succession to office, prohibition against in cases of . . . . . . III 111, 111 suits to have preference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117, 117 ten days’ citation to be allowed. . . . . . . . . . . . . . . . . . . . . . III 117, 117 trial court may suspend any officer, after contradictory hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 recovery of costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117, 117 municipal officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 officers who may bring suit for . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 officers other than governor, lieutenant governor, and judges of courts of record . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 of public officers, address of two-thirds of members, requirement of . . . . . . III 111, 111 cause to be printed in journals of both houses. . . . . . . . III 111, 111 governor excepted from provisions of Article VIII. . . . . . III 111, 111 impeachment not required . . . . . . . . . . . . . . . . . . . . . . . . . . . III 111, 111 ineligible to succeed himself in office. . . . . . . . . . . . . . . . . . III 111, 111 other than state and district officers, to lie to court of appeal having jurisdiction . . . . . . . . . . . . . . . . . . . . . . III 117 parochial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1181 Vol. IV Index tº e ge e Part I Provisions of Present Constitution and Projet Volume REMOVAL FROM OFFICE, (continued) personnel of Supreme Court and courts of appeal. . . . . . . . II procedure of, in suits involving attorney general and dis- trict attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III right of active members of the bar to bring suit for, judges of courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III right of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III right of citizen taxpayers to bring suit for, judges of courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III right of resident citizen taxpayers to bring suit for . . . . . . . . III special district attorney, appointment by the court in suit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state and district officers, appeal to lie to Supreme Court. . III state, district, parochial, or municipal officers suit to be instituted at written request of governor. . . . . . . . . . III state officers in general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III suits not to work suspension from office. . . . . . . . . . . . . . . . . . III Supreme Court judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III suspension during trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III suspension of officer charged with collection of public funds when in arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III ten days’ citation allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III venue of action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III venue of suits for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III ward officers, written request by ten resident citizen tax- PayerS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III written request for, by resident citizen taxpayers. . . . . . . . . III written request for institution of suit, requirements con- cerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III written request for removal of judges of courts of record by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III REMUNERATION, See PUBLIC OFFICIALS; SALARIES. RENT, liability of homestead. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. REPARATIONS COMMISSION, See CAERNARVON BREAK. REPAYMENT, of twenty-five percent of amount used for purchase, ex- pansion, improvement, or construction of agricul- tural plant, not affected by limitation on use of state credit, funds, or property, in Article IV, Sec- tion 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II REPEAL of general law, indirect enactment of special or local laws by, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II of special legislative charter, by local or special law, when permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III REPEAL OF CONFLICTING LAWS, effective upon adoption of constitution. . . . . . . . . . . . . . . . . . III REPEL INVASION, indebtedness to, three-fourths affirmative vote of legisla- ture not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II REPORT, by governor to legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II committees on conference, how adopted. . . . . . . . . . . . . . . . . . II of state receipts and expenditures, publication of . . . . . . . . II Page” 567, 567 116 114 117, 117 114, 114 116, 116 116 117, 117 116, 116 116, 116 117, 117 113, 113 117, 117 118, 119 117, 117 116, 116 116, 116 116 116 116 114 35 364 394, 394 245 738, 738 343 452, 452 143, 143 203, 203 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1182 Vol. IV RESEARCH STATIONS, See AGRICULTURE. Provisions of Present Constitution and Projet E.; Volume Page” quarterly report to governor and auditor by treasurer. . . . II 493 Supreme Court’s power to require from inferior courts. . II 570, 570 to legislature by treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 REPORTS OF COMMITTEES, See COMMITTEES. REPRESENTATION, apportionment according to latest official decennial census II 81, 81 in house of representatives, apportionment of, provided for II 81, 82, 112 of parishes in house of representatives. . . . . . . . . . . . . . . . . II 81, 81, 112, 112 of wards in Orleans Parish in house of representatives. . II 81, 81, 112, 112 REPRESENTATIVE NUMBER, provision for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 twenty-five thousand until population exceeds three million II 81 REPRESENTATIVES, See HOUSE OF REPRESENTATIVES; LEGISLATORs. allocation of in Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . II 81, 81, 112, 112 compulsory attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 130, 131 conviction and forfeiture of office for corrupt practices. . II 121, 122 dual office holding prohibited, exceptions. . . . . . . . . . . . . . . . II 123 each parish shall have at least one. . . . . . . . . . . . . . . . . . . . . . II 81, 81 expulsion of member, two-thirds vote of members required II 118, 119 for new parishes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 how vacancies filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 immunity from arrest or liability for speeches and debates II 127, 128 interest preventing his voting. . . . . . . . . . . . . . . . . . . . . . . . . . II 150, 150 judge of qualifications, election and returns. . . . . . . . . . . . . II 118, 119 mileage and compensation of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 number in house of representatives. . . . . . . . . . . . . . . . . . . . . II 112, 112 parish-wide election except in Orleans. . . . . . . . . . . . . . . . . . II 81 persons not members, power to punish. . . . . . . . . . . . . . . . . . II 126, 126 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 residence of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 right to choose officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 rules of procedure, right to determine. . . . . . . . . . . . . . . . . . II 118, 119 term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 transitional provision, number of in each parish. . . . . . . . . II 112, 112 vacancy, election to fill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 when apportionment of, changed. . . . . . . . . . . . . . . . . . . . . . . . II 187 REPRESENTATIVES, HOUSE OF, See HOUSE OF REPRESENTATIVES; LEGISLATURE. judge of qualifications, election and returns. . . . . . . . . . . . . . II 118, 119 number of representatives limited. . . . . . . . . . . . . . . . . . . . . . II 81, 82 provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 61, 61 representation in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 82, 112, 112 REPRIEVES, for treason, limitation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 462, 462 governor’s power to grant, limitation. . . . . . . . . . . . . . . . . . . II 182,462, 462 how granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 182,462, 462, 463 limitations on granting of... . . . . . . . . . . . . . . . . . . . . . . . . . . II 462, 462 REPUTATION, adequate protection by due process of law and justice. . . . II 14, 14 right for legal protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1183 Vol. IV Index gº tº tº e Part I Provisions of Present Constitution and Projet Volume Page” RESERVE, legal reserve of life insurance companies, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .* * III 180, 180 of United States Armed Forces, exempt from provisions of dual office holding prohibited. . . . . . . . . . . . . . . . . . III 92, 92 RESIDENCE, as qualification to hold office. . . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 changing of, as disqualification to hold office. . . . . . . . . . . . . III 56, 57 effect of change of, on office of legislator. . . . . . . . . . . . . . . . II 113 gain or loss for purpose of voting. . . . . . . . . . . . . . . . . . . . . . III 43, 44 household goods and furnishing, exempt from taxation... III 182, 182 of ministers, exempt from taxation. . . . . . . . . . . . . . . . . . . . . III 165, 165 qualification of office holders. . . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 voting, loss and gain of, noted. . . . . . . . . . . . . . . . . . . . . . . . . III 43, 44 RESIDENT, of state, voting requirements. . . . . . . . . . . . . . . . . . . . . . . . . . III 7, 7 RESIDENTIAL DISTRICTS, See ZONING. municipalities and parishes authorized to zone territory into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324, 324 RESPONSIBILITY, for abuse of liberty to speak, write or publish sentiments on all subjects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 RESOLUTIONS, See LEGISLATURE. for constitutional amendment, separate consideration of.. III 691 legislative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160 or bill, second submission of, rejected, at same legislative session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150 power of legislature to adopt, without signature of gov- ernor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 160, 160 proposing amendment to constitution, publication of . . . . . III 704, 704 to contain concise summary. . . . . . . . . . . . . . . . . . . . . . . . . . III 704 reference to legislative bureau. . . . . . . . . . . . . . . . . . . . . . . . . II 146 reintroduction of rejected, in legislature. . . . . . . . . . . . . . . . II 150, 151 RESTRAINT, liberty of press, no law shall be passed to curtail. . . . . . . . II 9, 9 liberty of speech, no law shall be passed to curtail. . . . . . . II 9, 9 RESTRAINT OF TRADE, attorney general, duties to enforce provisions against combinations . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * II 40 combination in restraint of trade prohibited. . . . . . . . . . . . . II 40 district attorney, enforcement of provisions against com- binations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 40 provision prohibiting, self-operative . . . . . . . . . . . . . . . . . . . . II 40 RETENTION OF JUDGE, election to determine, time of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 provisions relating thereto . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 RETIREMENT, judges of courts of record, at full pay. . . . . . . . . . . . . . . . . . II 583 provisions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583 RETIREMENT FUND, municipal employees, tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . II 371 state employees . . . . . tº e g º e º c e º e º e s ∈ e e º 'º e º 'º e º 'º e º & © tº e s tº e II 370 teachers, School employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 371 judges of Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583, 583 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1184 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” RETIREMENT SYSTEMS, aged and incapacitated employees of state, legislature not to be denied power to provide. . . . . . . . . . . . . . . . . . . . II 369, 370 municipal employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 3.71 RETURNS, See ELECTION. REVENUE, bills, must originate in house of representatives. . . . . . . . . II 132, 132 Senate may propose and concur in amendments. . . . . . . . II 132, 132 dedication of specſic sources of, for indebtedness under Constitution of 1921, continued in full force and effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 751 fees charged by officers in executive department, to be paid into State General Revenue Fund. . . . . . . . . . . . II 444 received from minerals produced from tidelands dedicated to payment of state debt. . . . . . . . . . . . . . . . . . . . . . . . II 235 where bills raising, must originate. . . . . . . . . . . . . . . . . . . . . . II 132, 132 REVENUE AND TAXATION, See TAXATION. REVENUE, DEPARTMENT OF, See DEPARTMENT OF REVENUE. collector of revenue, appointment and removal. . . . . . . . . . II 529 colector of revenue, motor fuel tax, refund. . . . . . . . . . . . . . II 239 creation and origin of department. . . . . . . . . . . . . . . . . . . . . II 529 supervisor of public accounts, transfer of powers. . . . . . . . II 529 REVENUE FUND, See STATE GENERAL REVENUE FUND. REVENUE MEASURES, power of Senate to amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 132, 132 required to originate in house. . . . . . . . . . . . . . . . . . . . . . . . . . II 132, 132 REVENUE PRODUCING UTILITIES. . . . . . . . . . . . . . . . . . . III 333 REVENUES, all revenues to be deposited in State General Revenue Fund, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 220 insufficiency of, determination by Board of Liquidation of the State Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 when inadequate, appropriation by Board of Liquidation of the State Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 when inadequate for any department, appropriation from surplus in State General Revenue Fund. . . . . . . . . . . II 212 REVERSION, of confiscated property, heirs to, released from taxes at date of reversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383 REVISED STATUTES, method of integrating laws into. . . . . . . . . . . . . . . . . . . . . . . II 169, 170 REVISION OF STATUTES AND CODES. . . . . . . . . . . . . . . II 170 REVIVAL, of laws, method of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 165, 165 REWARD, to give or offer vote in consideration of, cause for removal . from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121, 122 . * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1185 Vol. IV Index tº º wº º Part Provisions of Present Constitution and Projet Volume age * RIGHTS, Pag See BILL OF RIGHTS; CIVIL RIGHTs; ExcLUSIVE RIGHT; MINERAL RIGHTS; POLITICAL RIGHTS ; SPECIAL RIGHTS; VESTED RIGHTS. against unreasonable searches and seizures. . . . . . . . . . . . . . II 15, 16 assistance of counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 bill of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7–28, 7–28 criminal prosecutions, to be confronted with witnesses. ... II 19, 19 natural, to worship according to dictates. . . . . . . . . . . . . . . . II 13, 13 of accused in criminal prosecutions, to challenge jurors peremptorily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21, 22 of the people not restricted by constitution. . . . . . . . . . . . . . II 28, 28 of people to apply to government for a redress of griev- anceS • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 peaceably to assemble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 to continue and remain unaffected by adoption of con-- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 to keep and bear arms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 to legal protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 Vested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 not to be divested except as provided. . . . . . . . . . . . . . . . . . II 8, 8 RIGHTS-OF-WAY, See SERVITUDES. donations and conveyances by the state and its agencies. . II 362 legislature’s authority for granting, for private roads and drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 189 power of state to grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 366, 366 not to be denied by limitation on use of state credit, funds, or property, Article IV, Section 11 (A). . . . . II 366 railroads, right to cross each other. . . . . . . . . . . . . . . . . . . . . II 38 RIOT, See EMERGENCY. RIPARIAN OWNERS, See MUNICIPALITIES; NAVIGABLE WATERS; PORT OF NEW ORLEANS. cities of over 5,000 inhabitants, right in batture. . . . . . . . III 609, 610 of property on navigable waters, rights of, limitations. . . III 609, 610 RIVER IMPROVEMENT DISTRICTS, See NAVIGATION AND RIVER IMPROVEMENT DISTRICTS. are political subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392 authority for local and special laws regarding charters of II 388 may cooperate financially with United States. . . . . . . . . . . . III 392 may levy taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392 RIVERS, See BRIDGES; LEVEES; MISSISSIPPI RIVER; NAVIGABLE WATERS; NAVIGATION DISTRICTS; RIVER IMPROVE- MENT DISTRICTS. donations and conveyances by state and its agencies, po- litical corporations and subdivisions to United States for river works permitted. . . . . . © e º º & © e º e º te e e g º º º e II 362 ROAD DISTRICTS, authorized to incur debt and issue bonds. . . . . . . . . . . . . . . . III 312, 364 benefit tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 362 bonds payable in annual installments. . . . . . . . . . . . . . . . . . . III 385 bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364 contribution toward construction of highways. . . . . . . . . . . . II 521 creation authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. 368 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1186 Vol. IV Provisions of Present Constitution and Projet A. : Volume Page” issuance and sale of bonds, terms and conditions. . . . . . . . III 387 legislative authority to levy tax to pay bonds. . . . . . . . . . . . III 385 legislature may authorize . . . . . . . . . . . . . . . . . . . . . . . . . . ºn 2 & III 367 limitations and restrictions on indebtedness and bond issues III 375 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . III 385 parishes, assumption of debts of . . . . . . . . . . . . . . . . . . . . . . . . III 386 POWers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . III 383 sub-road districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 legislature authorized to empower creation of sub-road districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 367 right to issue bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364 tax levy to pay bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 364 power to compel levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 385 ROAD. LIGHTING DISTRICTS. . . . . . . . . . . . . . . . . . . . . . . . . III 368 authority to levy taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 369 legislature may create . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 369 Special tax may be voted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 369 ROADS, See HIGHWAYs; PRIVATE ROADs; PUBLIC ROADs; RIGHTS- OF-WAY; SERVITUDEs. appropriations for public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206, 206 public, appropriations for, included in general appropria- tions bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206 prohibition against local and special laws regarding. . . . . II 388 ROADWAYS, See PAVING. ROLLING STOCK, of common or contract carriers, ad valorem tax may be levied against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 145, 145 to be assessed by tax commission. . . . . . . . . . . . . . . . . . . . III 145, 145 to be taxed for state purposes only. . . . . . . . . . . . . . . . . . . . III 145, 145 taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 145, 145 ROYALTIES, See MINERALS. RULE-MAKING POWER OF SUPREME COURT, authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 RULE NISI, in removal from office cases, officer may be suspended by trial court for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 RULES, by civil service, subjects and methods enumerated. . . . . . . . III 585 of city and state civil service, to have effect of law. . . . . . . III 585 of impeachment court, made by members thereof. . . . . . . . . II 482 RULES OF EVIDENCE, judicial, special and local laws changing, prohibited. . . . . . II 387, 388 RULES OF PLEADING, legislature may authorize Supreme Court to make and promulgate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 RULES OF PRACTICE, legislature may authorize Supreme Court to make and promulgate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1187 Vol. IV Index Part Provisions of Present Constitution and Projet Volume Page” RULES OF PROCEDURE, legislature may authorize Supreme Court to make and promulgate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570, 570 legislature to determine own. . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 of house of representatives, how determined. . . . . . . . . . . . . II 118, 119 of Senate, how determined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 S SABINE PARISH, right of police jury to levy an additional tax. . . . . . . . . . . . III 270 SAILORS, not to be quartered in houses in time of peace without consent of owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 not to lose voting residence while on high seas. . . . . . . . . . . III 43, 44 ST. BERNARD PARISH, See CAERN ARVON BREAK. appeals returnable to court of appeals, Orleans Parish. . . II 645, 658 ST. CHARLES PARISH, twenty-ninth judicial district. . . . . . . . . . . . . . . . . . . . . . . . . . . II 668, 670, 673 ST. JOHN THE BAPTIST PARISH, appeals returnable to court of appeals, Orleans Parish. . . II 645, 658 twenty-ninth judicial district. . . . . . . . . . . . . . . . . . . . . . . . . . . II 668, 670, 673 SALARIES, - See COMPENSATION; EXTRA CoMPENSATION: OFFICES; PAR- TICULAR OFFICERS; WAGES. acting governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 472 assistant district attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 793 effective date of salary provision. . . . . . . . . . . . . . . . . . . . . II 793 attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 793 auditor of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 civil district court judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 695 civil service rules governing uniform regulations of, per- mitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 civil service, uniform service rating system. . . . . . . . . . . . . . III 520 clerks of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 commissioner of agriculture and immigration. . . . . . . . . . . . II 444 commissioner of conservation . . . . . . . . . . . . . . . . . . . . . . . . . II 444 constables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 581 constitution fixing, legislature’s power to change. . . . . . . . II 341, 341 two-thirds vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 341, 341 criminal district court judges. . . . . . . . . . . . . . . . . . . . . . . . . . II 695 director of wildlife and fisheries commission. . . . . . . . . . . . . II 512 district attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 755 effective date of salary provision. . . . . . . . . . . . . . . . . . . . . II 793 district judges, when sitting with Supreme Court or courts of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 789 fees and perquisites, restriction on officer’s right to claim. III 98 first assistant attorney general. . . . . . . . . . . . . . . . . . . . . . . . . II 793 first city court judges, Orleans Parish. . . . . . . . . . . . . . . . . . II 710 governor and lieutenant governor. . . . . . . . . . . . . . . . . . . . . . II 444 judges of courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 639 parish of Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 644 judges of district courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 694 judge’s salary unaffected by change in law during term. . . II 559 judicial, laws relating to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 555 justices of peace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 581 juvenile court judges, Orleans Parish. . . . . . . . . . . . . . . . . . II 731 legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1188 Vol. IV Provisions of Present Constitution and Projet A. : Volume Page” Orleans Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 clerk of civil district court. . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 clerk of criminal district court. . . . . . . . . . . . . . . . . . . . . . . II 794 clerk of first city court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 COTOner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 criminal sheriff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 deputy criminal sheriff ... . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 public officers, change by legislature, method of... . . . . . . . II 341, 341 change in, effective at end of current term of office. . . . . . II 341 public service commission members. . . . . . . . . . . . . . . . . . . . . II 397 reduction of salary of municipal official during term pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 250 II 341 register of land office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 second assistant attorney general. . . . . . . . . . . . . . . . . . . . . . . II 793 Second city court, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . II 713 secretary of state . . . . . . . . . . . . . . . . . tº º e º ſº tº e º e º sº tº e º e º e º & II 444 sheriffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 794 additional compensation from fees. . . . . . . . . . . . . . . . . . . . II 794 state examiner of municipal fire and police civil service. . III 544 Supreme Court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 591 state superintendent of public education. . . . . . . . . . . . . . . . III 428 treasurer of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 SALES, See JUDICIAL SALES; TAX SALES. judicial, special and local laws changing methods of pre- scribing effects of, prohibited. . . . . . . . . . . . . . . . . . . . . II 387 of property for unpaid taxes, legislature to provide pro- cedure for redemption within a fixed delay. . . . . . . . III 200 SANITARIUM, leasing by municipality to public or private person or cor-- poration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 355 SANITARY DISTRICTS, See LAKE PONTCHARTRAIN SANITARY DISTRICT. SANITARY REGULATIONS, municipalities have right and authority to adopt and en- force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269,270 SAVINGS BANKS, See BANKS. SCHEDULE, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 737 See CIVIL SERVICE. bonded indebtedness at time constitution adopted. . . . . . . . . III 751, 751 bonds, authorizations made under Constitution of 1921 ratified and confirmed . . . . . . . . . . . . . . . . . . . . . . . . . . III 751 cases pending, to be concluded in, in same courts upon adoption of constitution . . . . . . . . . . . . . . . . . . . . . . . . III 745, 747 cases pending in Supreme Court and not submitted for decision, effect of adoption of constitution upon. . . . III 745, 747 city courts, jurisdiction, to remain the same until legis- lature creates municipal courts under constitution. . III 745, 747 civil service, provisions relating to status of classified personnel upon adoption of constitution. . . . . . . . . . . III 591 civil sheriff, term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 clerk of civil district court, Orleans Parish, term of office. III 745 Constitution of 1921 superseded. . . . . . . . . . . . . . . . . . . . . . . . III 753 Constitutions of 1898 and 1913 superseded. . . . . . . . . . . . . . . III 753 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1189 Vol. IV Index tº tº e ſº © Part I Provisions of Present Constitution and Projet Volume age” SCHEDULE, (continued) Pag courts continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745, 747 courts other than municipal, selection of judges, where more provided than formerly. . . . . . . . . . . . . . . . . . . . III 745 contracts under Constitution of 1921 recognized. . . . . . . . . . III 751 criminal prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745, 746 criminal sheriff, term of office. . . . . . . . . . . . . . . . . . . . . . . . . . III 745 domestic relations court, jurisdiction to be same as juvenile courts of Orleans and Caddo until otherwise pro- vided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 first general state election, date of... . . . . . . . . . . . . . . . . . . . III 739 first regular legislative session, date of . . . . . . . . . . . . . . . . III 739 general state election, date of first election after adoption of constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 739 indebtedness under Constitution of 1921 recognized. . . . . . III 751 jurisdiction of domestic relations court. . . . . . . . . . . . . . . . . . III 745 juvenile court of Caddo, jurisdiction of . . . . . . . . . . . . . . . . . III 745 to become separate domestic relations court. . . . . . . . . . . III 745 juvenile court of Orleans, jurisdiction of . . . . . . . . . . . . . . . . III 745 to become separate domestic relations court. . . . . . . . . . . III 745 laws inconsistent with constitution, requiring legislative enforcement, effect of . . . . . . . . . . . . . . . . . . . . . . . . . . . III 738, 738 laws remain in effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 737, 737 legal rights reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 municipal charters, recognition of existing charters. . . . . . III 750 to continue in force until superseded under provisions of Article X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 750 municipal court of New Orleans, jurisdiction to remain the same until legislature creates municipal courts under constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 office holders under Constitution of 1921, where provisions of constitution inapplicable to. . . . . . . . . . . . . . . . . . . . III 739 officers at time of adoption of constitution. . . . . . . . . . . . . . III 739, 740 public officers, terms of office, limitation on changes. . . . . . III 739 revenue, dedication of specific sources of, for indebtedness under Constitution of 1921, continued in full force and effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 751 Tax Commission, first appointment to. . . . . . . . . . . . . . . . . . III 140 transference of cases pending and not submitted to Su- preme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 745 SCHOOL BOARD, municipal, legislature to provide for creation and election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 458 parish, legislature to provide for creation and election of. III 458 parish and municipal, control by state board of education prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 to select superintendents . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 458 SCHOOL DISTRICTS, See POLITICAL SUBDIVISIONS. authorized to incur debts and issue bonds. . . . . . . . . . . . . . . o III 312, 364 bond issues, purposes for . . . . . tº e º e º e º e º 'º e º e º gº e º Gº gº º º $ tº º III 364 bonds payable in annual installments. . . . . . . . . . . . . . . . . . . III 385 issuance and sale of bonds, terms and conditions. . . . . . . . . III 387 legislative authority to levy tax to pay bonds. . . . . . . . . . . . III 385 limitation and restrictions on indebtedness and bond issues III 375 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . . III 385 refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . III 383 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1190 Vol. IV Provisions of Present Constitution and Projet 4. Volume Page” tax to pay bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364 power to compel levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 385 SCHOOL FOR BLIND, administered by state board of education. . . . . . . . . . . . . . . . III 430, 460 SCHOOL FOR DEAF, administered by state board of education. . . . . . . . . . . tº º 'º & tº III 430, 460 SCHOOL FOR DEAF AND BLIND NEGROES, administered by state board of education. . . . . . . . . . . . . . . . III 430, 460 SCHOOL FUNDS, Agricultural and Mechanical College, state debt to interest rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 472 debt due by state to school fund, interest rate. . . . . . . . . . . . III 471 proceeds may be used by parish school boards. . . . . . . . . . III 471 distribution to parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315 equalizing funds, purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315, 460 escheated property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315 funds kept separate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 472 gasoline tax allotted to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 general fund of parish board. . . . . . . . . . . . . . . . . . . . . . . . . . III 464 income from land granted state. . . . . . . . . . . . . . . . . . . . . . . . II 315 interest on and proceeds from school lands. . . . . . . . . . © º O ſº II 315 legislature to prescribe terms under which funds offered, received and disbursed . . . . . . . . . . . . . . . . . . . . . . . . . . III 430 municipal ad valorem levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 parish school taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 per capita allowed per child. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315 prohibition against local or special laws regulating raising money for schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ſº II 388 school land erroneously disposed of by State. . . . . . . . . . . . . . III 470 Severance taxes . . . . . * c e e º º º is tº e º 'º e s e º g º e º e º e e º e º e º e º 'º & II 315 sixteenth sections (or indemnity sections) of school lands erroneously disposed of by state, interest paid by state but such funds may be paid to parish school boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 470 sources of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 315, 464 state fund, sources, distribution. . . . . . . . . . . . . . . . . . . . . . . . II 315 state support, amount limited. . . . . . . . . . . . . . . . . . . . . . . . . . II 315 tax levies, political subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . III 270 taxes for support of schools, cities’ right to levy. . . . . . . . . II 315 teachers’ retirement fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 370 used for suport of private or sectarian schools prohibited. II 337 SCHOOL HOUSES, See SCHOOLS IN GENERAL. e special and local laws regulating building or repairing of, prohibited . . . . . . . e e º ºs e º e º e º e º e º e º e º e s tº e º e º s e II 387 SCHOOL LANDS, escheated property, School funds. . . . . . . . . . . . . . . . . . . . . . . . II 315 interest on funds received from Sale. . . . . . . . . . . . . . . . . . . . . II 315 SCHOOL MAINTENANCE TAX, millage allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & e º 'º e e III 464 right of people to vote, reserved. . . . . . . . . . . . . . . © e º º e º ºs e e III 464 SCHOOL TEACHERS, occupational license tax not to be levied against. . . . . . . . . . III 189, 190 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1.191 Vol. IV Index Part | SCHOOLS IN GENERAL, See EDUCATION ; LOUISIANA STATE UNIVERSITY AND AGRI- CULTURAL AND MECHANICAL COLLEGE ; SCHOOL FUNDS; STATE BOARD OF EDUCATION ; STATE SCHOOLS FOR THE BLIND; STATE SCHOOLS FOR THE DEAF AND DUMB; SUPERINTENDENT OF PUBLIC EDUCATION. age limits, free public school. . . . . . . . . . . . . . . . . . . . . . . . . . appropriation for public schools. . . . . . . . . . . . . . . . . . . . . . . . bond issues, limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . colored children, maintenance of schools for . . . . . . . . . . . . . . coordination of public schools. . . . . . . . . . . . . . . . . . . . . . . . . . purpose to lead to standards of higher education. . . . . . education of white and colored children to be in separate public schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . educational system of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . elementary schools, course of study. . . . . . . . . . . . . . . . . . . . . . English language used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . enumeration of educable children. . . . . . . . . . . . . . . . . . . . . . . exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . existing boards and systems recognized. . . . . . . . . . . . . . . . . free text books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . higher educational institutions listed. . . . . . . . . . . . . . . . . . . annual appropriation for maintenance. . . . . . . . . . . . . . . . Isaac Delgado Trade School. . . . . . . . . . . . . . . . . . . . . . . . . . & e annual allowance for support of... . . . . . . . . . . . . . . . . . . . kindergarten, right to establish. . . . . . . . . . . . . . . . . . . . . . tº e legislature to prescribe terms under which funds offered, Louisiana Polytechnic Institute . . . . . . . . . . . . . . . . . . . . . . . . Louisiana State University . . . . . . . . . . . . . . . . . . . . . . . . . . . municipalities, representation on parish school board. . . . . New Orleans may transfer school property to Orleans Parish school board . . . . . . . . . . . . . . . . . . . . . . . . . . . . Northwestern State College of Louisiana. . . . . . . . . . . . . . . . parish school boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © º 'º e representation of municipality on. . . . . . . . . . . . . . . . . . . . . parish school tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . municipalities within parish, exemption. . . . . . . . . . . . . . . Orleans Parish . . . . . . . . . . . . . . . . $ tº º te tº ſº tº º e º e º e º e º e e º 'º º Ouachita Parish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . parish superintendents . . . . . . . . . . . . . . . . . . . . . . . . tº & G e º 'º e qualifications fixed by state board. . . . . . . . . . . . . . . . . . . . prohibition against local or special laws regulati ing or repair of school houses. . . . . . . . . . . . . . . . . . . . prohibition against local or special laws regulating man- agement of public schools. . . . . . . . . . . . . . . . . . . . . . . . prohibition against local or special laws regulating raising money for schools. . . . . . tº e º ſº e º ſº e o e º e º 'º e º e e º e º e º e e regional education authorized . . . . . . . . . . . . . . . . . . . . . . . . . . separation of races . . . . . . . . . . * * * * * * g º º ſº e º º e º e º ºs e o e º e º 'º e Southeastern Louisiana College. . . . . . . . . . . . . . . . . . . . . . . . Southern University . . . . . . . . . . . tº º e º ºs e tº º 'º e o Gº e º e º gº tº e º 'º e ge Southwestern Louisiana Institute of Liberal and Technical e e s tº e º e º e º ſº tº º e º 'º º e e e e º e º e º e º e e º e e º 'º e e e schools . . . . . . . . . . . . . . e e e g tº g g e tº gº e º º ºs º º e º ºs e º 'º - e. e. © State School for the Blind. . . . . . . . . . . . tº º º e º 'º & © tº g º ºs º ºs e e for blind negroes . . . . . . . . . . . . . . . . . . . . . . tº gº º ſº ſº e º 'º tº º º e Provisions of Present Constitution and Projet Volume II III III III III III III III III III II II II II III III III III III III III Page” 419 206 380 419,419 493 493 419, 419 419, 419 493 493 315 170, 170 458 315 430, 460 430, 460 315 315 419 430 388 430, 460 426,429 458 3.54 430, 460 458, 458 458 464 464 464 464 458, 458 458, 458 388 387, 388 387, 388 337 419,419 430, 460 430, 460 430, 460 428 430, 460 430, 460 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1.192 Vol. IV gº tº º º * Ind Provisions of Present Constitution and Projet E.” Volume Page” State School for the Deaf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 for deaf negroes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 state School system, composition of . . . . . . . . . . . . . . . . . . . . . III 419,419 State Superintendent of public education. . . . . . . . . . . . . . . . III 425,428 teachers’ retirement fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 370 transportation of school children, boats transporting, re- fund of motor fuel tax. . . . . . . . . . . . . . . . . . . . . . . . . . II 239 Tulane University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 488, 488 white children, maintenance of schools for . . . . . . . . . . . . . . III 419,419 SCHOOLS, PRIVATE, See EDUCATION, private or sectarian schools. SCHOOLS, SECTARIAN, See EDUCATION, private or sectarian schools. SCIENTIFIC APPARATUS, * > used for nonprofit public exhibition, exempt from taxation III 172,173 SEA, See NAVIGABLE WATERS. SEAL, See STATE SEAL. commission, of state attached to . . . . . . . . . . . . . . . . . . . . . . . . II 507 SEARCH WARRANT, affidavit to obtain, contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 15, 16 SEARCHES AND SEIZURES, affidavit to obtain warrants, contents. . . . . . . . . . . . . . . . . . II 15, 16 description of person or thing searched, required. . . . . . . . II 15, 16 description of place to be searched, required. . . . . . . . . . . . II 15, 16 issuance of warrant upon probable cause required. . . . . . . . II 15, 16 unreasonable, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 15, 16 SEAT, parish, changing of, procedure for. . . . . . . . . . . . . . . . . . . . . III 291, 292 vote required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 291, 292 SEAT OF GOVERNMENT, See LEGISLATURE. at city of Baton Rouge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 412,412 SEAWALLS, Board of Levee Commissioners of Orleans Levee District empowered to locate, construct, maintain. . . . . . . . . . III 611 SECOND ASSISTANT ATTORNEY GENERAL, office created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 746 salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 793 SECOND CITY COURT IN CITY OF NEW ORLEANs, appeals provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 authority of judges to fill certain vacancies temporarily. . II 792 clerk of, duties in connection with judicial expense fund. . II 677 clerk of, how elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 salary, how paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 vacancy, how filled temporarily. . . . . . . . . . . . . . . . . . . . . . . II 792 constable, compensation from fees. . . . . . . . . . . . . . . . . . . . . . II 713 how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 vacancy, how. filled temporarily. . . . . . . . . . . . . . . . . . . . II 713 interchange of judges and clerks of, by Supreme Court. . II 713 judge, authority of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 713 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1193 Vol. IV Index gº º e e ſº Part I Provisions of Present Constitution and Projet Volume SECOND CITY COURT IN CITY OF NEW ORLEANS, (continued) judge, authority of, how elected. . . . . . . . . . . . . . . . . . . . . . . . II salary, how paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II when term expires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SECOND SPLIT SESSION, See LEGISLATURE. SECRET BALLOT, votes to be cast in secret, exceptions. . . . . . . . . . . . . . . . . . . . III SECRETARY, of public service commission. . . . . . . . . . . . . . . . . . . . . . . . . . . II SECRETARY OF STATE, See ASSISTANT SECRETARY OF STATE. acting as governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II age requirement for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appointment and removal power. . . . . . . . . . . . . . . . . . . . . . . . II appointment to fill vacancy, ratification by Senate. . . . . . . . II appoints assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II assistant to, power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II audit, detailed written report to be filed with. . . . . . . . . . . . II charter and amendment approved to be filed with . . . . . . . . III compensation, fixed by legislature. . . . . . . . . . . . . . . . . . . . . . II other than fixed by legislature, prohibited. . . . . . . . . . . . . . II countersigns all commissions . . . . . . . . . . . . . . . . . . . . . . . . . . II delivery of books of acts of legislature to . . . . . . . . . . . . . . . . II delivery of signed bills by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II deposit of laws with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II duties and powers, act proposing contracting of indebted- ness to be published, requirements noted. . . . . . . . . . II appointment and removal of assistant. . . . . . . . . . . . . . . . II custodian of records, documents and papers of state. . . . II enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II forward copies of impeachment charges against gover- nor to chief justice and governor. . . . . . . . . . . . . . . . . II furnish certified copies of records, documents, and papers at reasonable fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II issuance of commission to judge upon failure of gover- nor to appoint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II legislature, shall convene when petitioned by two-thirds of members of each house. . . . . . . . . . . . . . . . . . . . . . . . II of assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II petition for special session, delivery of . . . . . . . . . . . . . . . . II return of service of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II preservation of original journal of proceedings of legis- lature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II promulgation of election results, executive department.. II promulgation of reapportionment in official journal. . . . II publication of acts in official journal. . . . . . . . . . . . . . . . . . II receipt of governor’s declaration of absence. . . . . . . . . . . II removal of assistant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to certify names of judges in election on question of retention in office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II tie vote, method of election by legislature. . . . . . . . . . . . . II selection by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . II election returns to be made to, for all officers to be com- Page” 713 713 713 79.2 713 76, 76 397 467, 467 428 446, 447 428,428 446, 447 446, 447 497 249 444 444 507 161 152 163, 163 343 446 492 492 482 492 770 74 446, 447 74 74 172 442, 443 81 163, 163 472 446, 447 770 427, 428 442 440 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1194 Vol. IV Provisions of Present Constitution and Projet º Volume Page” missioned by governor . . . . . . . . . . . . . . . . . . . . . . . . . . III 83, 83 fees charged by, to be paid into State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 to general fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 his salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444, 472 how vacancy in office filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428 insurance department attached to office. . . . . . . . . . . . . . . . . . II 444 legislature's duty to make appropriations for expenses of II 444 liquefied petroleum gas commission, ex officio member. ... II 517 member of executive department. . . . . . . . . . . . . . . . . . . . . . . II 428,428 officers commissioned by governor, election returns sent to II *::::: III 83, 83 original journal preserved in office of . . . . . . . . . . . . . . . . . . . . II 172, 172 petition for special session to be filed with. . . . . . . . . . . . . . II 74 promulgation of laws by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 163, 163 publication of proposed amendments to constitution, re- quirements noted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 704, 704 qualifications for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 Salary when acting as governor. . . . . . . . . . . . . . . . . . . . . . . . II 472 succession to governorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427, 428 date commences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 440 to act as governor, until election of president pro tempore of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 vote on proposals of Board of Liquidation of State Debt deposited with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 SECTARIAN SCHOOLS, See EDUCATION, private or sectarian schools. SECTS, See RELIGION. drawing money from public treasury to aid, prohibited. . . II 336,336 no preference to be given or discrimination made against. II 13, 13 SECURITIES, custody and safekeeping of, responsibility of treasurer.. II 493 certain notes, bonds, certificates and evidences of indebted- ness may be deposited as . . . . . . . . . . . . . . . . . . . . . . . . IV 343, 347 economic, and social welfare, legislature not to be denied power to provide for needy and deserving. . . . . . . . . II 374 SECURITY OF FREE STATE, militia necessary for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 SEGREGATION, of white and colored children in public schools, required. . III 419,419 SEIZURES, See SEARCHES AND SEIZURES. prohibition of unreasonable . . . . . . . . . . . . . . . . . . . . . . . © e º e II 15, 16 SELECTION, clerks of Supreme Court and courts of appeal. . . . . . . . . . . II 567 judges, by non-political commission. . . . . . . . . . . . . . . . . . . . . II 770 domestic relations courts, special election to determine use of constitutional provision of . . . . . . . . . . . . . . . . II 729 provisions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 770 personnel of Supreme Court and courts of appeal. . . . . . . . II 567 SELF-INCRIMINATION, accused not required to give evidence against self. . . . . . . . II 22, 22 cannot be pleaded in certain criminal cases. . . . . . . . . . . . . . II 22, 22 III 100 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 119.5 Vol. IV Index tº tº e e Part Provisions of Present Constitution and Projet SEMINARY FUND, Volume amount of state debt to. . . . . . . • * * * * c s e s e s e e º e s a e e s a e s e a III auditor and treasurer to keep separate books on......... III state to pay interest on debt to....................... º III SENATE, See LAWS; LEGISLATIVE PROCEDURE; LEGISLATURE; PRESI- DENT OF SENATE. adjournment from day to day, less than quorum present.. II advice and consent of governor's appointments. . . . . tº e e º O & II appointment of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II by governor, ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appropriation act, power to amend. . . . . . . . . . . . . . . . . . . . . . II audit of expenses of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bartering votes prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II biennial session of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . II branch of legislative department. . . . . . . . . . . . . . . . . . . . . . . II change of place of sitting. . . . . . . . . . . . . . . . . . . . . . . . . . . . II clerical officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II committees, general power . . . . . . . . . . . . . . . . . . . . . . . . . . . . II confirmation necessary for appointments by governor to fill certain vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . II confirmation required, Louisiana Tax Commission. . . . . . . . III consent of, governor's appointments, exceptions. . . . . . . . . . . II necessary to governor's appointment of constitutional officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II contingent expense committee, audit of records. . . . . . . . . . II disorderly conduct in, and contempt of, how punished. . . . II disqualification, dual office holding prohibited. . . . . . . . . . . . III districts pending enumeration . . . . . . . . . . . . . . . . . . . . . . . . . II division of parishes prohibited, Orleans excepted. . . . . . II more than one senator from district, election from dif- ferent parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II new parishes, provisions concerning. . . . . . . . . . . . . . . . . . II restrictions on reapportionment . . . . . . . . . . . . . . . . . . . . . . II division of state into senatorial districts provided for . . . . . . II donation of its funds prohibited. . . . . . . . . . . . . . . . . . . . . . . . II enactment of bills, procedure. . . . . . . . . . . . . . . . . . . . . . . . . . II exemption from arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II expulsion of member, two-thirds vote of members required II failure to receive list of governor's appointees at next regular session, effect of . . . . . . . . . . . . . . . . . . . . . . . . II freedom of debate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II immunity of members from arrest or liability for speeches and debates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II interest in contracts prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II item approval or disapproval, proposals of Board of Li- quidation of the State Debt. . . . . . . . . . . . . . . . . . . . . . II journal, cause for removal from office to be printed in.... III duty to keep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II judge of qualifications, election and returns of . . . . . . . . . . II legislature shall consist of house of representatives and . . II lieutenant governor ex-officio president. . . . . . . . . . . . . . . . . . II liquefied petroleum gas commission, confirmation of ap- pointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II majority consent required, on proposals by Board of Liqui- dation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . II may propose and concur in amendments to revenue bills. . . . II may sit for impeachment when house is or is not in session III Page” 472 472 472 130, 131 475 118, 119 478,478 132, 132 188 121, 122 63, 63 61, 61 81, 81 188 160 428, 497, 475 140 475 478 188 118, 119, 126, 126 92, 92 100, 102 97, 97 100, 102 97, 97 187 97, 97, 100, 102 188 148, 148 127, 128 118, 119 478,478 127, 128 127, 128 121, 122 212, 212 111, 111 172, 172 118, 119 61, 61 489 517 212, 212 132, 132 110, 110 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 1196 Vol. IV Provisions of Present Constitution and Projet A.” - Volume Page” members, conviction and forfeiture of office for corrupt practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121, 122 dual office holding prohibited, exceptions. . . . . . . . . . . . . . II 123 to disclose interest in measure or bill. . . . . . . . . . . . . . . . . . II 150 mileage and compensation of senators. . . . . . . . . . . . . . . . . . . II 187 moving from district or parish from which elected, effect. II 113 number of Senators limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 97, 97 officers of, how chosen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 personal interest in bill, disclosure required. . . . . . . . . . . . . II 150, 150 persons not members, power to punish. . . . . . . . . . . . . . . . . . II 126, 126 maximum term of imprisonment. . . . . . . . . . . . . . . . . . . . . . II 126, 126 power to compel attendance of members. . . . . . . . . . . . . . . . . II 130, 131 president, signature of appropriation bill, time limit. . . . . . II 210 required to sign bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 to receive copy of petition for special session. . . . . . . . . . II 74 president pro tempore, duties and powers. . . . . . . . . . . . . . . . II 472 of incoming senate, order of succession to governorship upon failure of governor-elect to qualify. . . . . . . . . . II 467, 467 second in order of succession to governorship upon va- cancy of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 467 presiding officer, lieutenant governor. . . . . . . . . . . . . . . . . . . . II 489 provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 61, 61 punishment for disrespect of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 126, 126 qualifications for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 QUOTUIn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 130, 131 recording yeas and nays in journal. . . . . . . . . . . . . . . . . . . . . . II 143, 143, 188 rejected measures, second submission during same session, restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 150, 151 residence of members, requirement of . . . . . . . . . . . . . . . . . . . . II 113, 113 restrictions on adjournment. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 adjourning for more than three days, consent of house required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 81 revenue measures, right to amend. . . . . . . . . . . . . . . . . . . . . . II 132, 132 right to choose officers, except president of senate. . . . . . . . II 118, 119 rules of procedure, how determined. . . . . . . . . . . . . . . . . . . . . . II 118, 119 right to determine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 second submission of bills or resolutions to. . . . . . . . tº e º º º tº II 150, 151 secretary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 senatorial districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 97, 97, 100, 102 suspension of business to read and sign bills. . . . . . . . . . . . . . II 151, 152 term of office of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 trading votes prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121, 122 trial of impeachment charges. . . . . . . . . . . . . . . . . . . . . . . . . . II 483 III 109, 110 vacancy, election to fill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 when apportionment of senators changed. . . . . . . . . . . . . . . . II 187 yea and nay votes to be entered in journal in certain cases II 154, 154 SENATORIAL DISTRICTS, See SENATE. attachment of new parish to . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 97, 97 division of state into, provided for . . . . . . . . . . . . . . . . . . . . . . II 97, 97, 100, 102 new parish not to be attached to more than one district. . . . II 97, 97 parish may not be divided in the formation of . . . . . . . . . . . . II 97, 97 transitional provision, list of number of senators appor- tioned to each district. . . . . . . . . . . . . . . . . . . . . . . . . . . . - II 100, 102 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1197 Vol. IV Index tº º º * º Part | Provisions of Present Constitution and Projet Volume age” SENATORS, Pag See LEGISLATORS. apportionment of, when changed....... e e º e is e e s e º 'º e º e s e cº II 187 compulsory attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 130, 131 expulsion from Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 118, 119 how vacancy filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 immunity from arrest or liability for speeches and debates II 127, 128 interest in bill prevents voting. . . . . . . . . . . . . . . . . . . . . . . . . . II 150, 150 mileage and compensation of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 187 number from each district provided for . . . . . . . . . . . . . . . . . II 100, 102 number of, apportioned to each district. . . . . . . . . . . . . . . . . . II 100,102 limited . . . . . . . . . . . . . * D - © e º º e e e e º e o e s s & e º e º 'º e s & e º e º e II 97, 97 qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 senate judge of qualifications, elections and returns. . . . . . . II 118, 119 term of. . . . . . . . . . . . . . . . . . e e s e e o e s a s e e s e e º e s e s e e s & e º e e II 113, 113 SENTENCE, power of governor to commute, method and limitations. . . . II 463,463 unusual punishment prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 where district court has jurisdiction of appeals from mu- nicipal courts from certain sentences and fines. . . . II 102 SENTENCES, cruel punishment prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 24, 24 SENTIMENTS, liberty to speak, write or publish, on all subjects. . . . . . . . . . II 9, 9 SEPARATION FROM BED AND BOARD, appellate jurisdiction of Supreme Court. . . . . . . . . . . . . . . . II 625 SEPARATIONS, from state employment, civil service rules governing uni- form regulations covering, permitted. . . . . . . . . . . . . . III 585 SERVANTS, See DOMESTIC SERVICE. prohibition against grant of extra compensation, fees or allowances to . . . . . . . e e º e º is e º 'º e º e º º e º e o e º e º ºs s e e e II 380, 380 prohibition of local or special laws legalizing unauthorized or invalid acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 public, granting of extra compensation, fee, or allowance, express authority of law required. . . . . . . . . . . . . . . . II 380, 380 SERVICE, See DOMESTIC SERVICE. SERVICE OF CITATION, waiver of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563, 563 SERVITUDES, See RIGHTS-OF-WAY. donations and conveyances of servitudes by the state and its agencies, political corporations and subdivisions to United States permitted. . . . . . . . . . . . . . . . . . . . . . II 362 imposition by Board of Levee Commissioners of Orleans Levee District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 611 servitudes of way can be acquired by parishes by pre- scription . . . . . . e dº ſº tº º & © e º e º 'º e º 'º e o ºs e e e º e º e s tº o tº dº º gº tº III 350 SESSION LAWS, See LAWS. SESSIONS OF LEGISLATURE, See LEGISLATIVE PROCEDURE; LEGISLATURE. date and duration of first and second split. . . . . . . . . . . . . . . . II 63, 63 introduction of bills, time limit. . . . . . . . . . . . . . . . . . . . . . . . . II 63, 63 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 1198 Vol. IV Provisions of Present Constitution and Projet A.” Volume Page” legislators privileged from arrest during sessions of legis- ..., lature . . . . . . . . . . . . . . . . . & e e º e º e o e º e s tº e e º ºs e º e º e e |= II 127, 128 no bill to be passed at first split session, exceptions. . . . . . . . II 63 place held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63, 63 reintroduction of bill or resolution at same, restrictions on II 150, 151 requirement for introducing new matter at second split ... session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 63 split in each even numbered year. . . . . . . . . . . . . . . . . . . . . . . . II 63 time of convening. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . º II 63, 63 SEVERANCE TAX, additional taxes prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 allocation of tax to parishes. . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 parishes prohibited from levying. . . . . . . . . . . . . . . . . . . . . . II 313 political subdivisions of state prohibited from levying... II 313 state's right to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 authority to levy conferred. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 classification of natural resources. . . . . . . . . . . . . . . . . . . . . . . II 313 funds used to supply free school books. . . . . . . . . . . . . . . . . . II 315 in lieu of others, for reforestation. . . . . . . . . . . . . . . . . . . . . . III 215 minerals, schedule of rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 payment of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 portion appropriated to L. S. U. & A. & M. College. . . . . . II 318 sulphur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 SEWER ASSESSMENTS, legislature’s authority to confer power to levy. . . . . . . . . . . . III 276 SEWERAGE, See SEWERAGE AND WATER BOARD OF THE CITY OF NEW ORLEANS. special tax levied for sewerage, etc., in New Orleans. . . . . . IV 329, 330 SEWERAGE AND DRAINAGE SYSTEM, New Orleans, funds for maintenance. . . . . . . . . . . . . . . . . . . . IV 328, 330 SEWERAGE AND WATER BOARD OF THE CITY OF NEW ORLEANS, act constituting, ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 328 authorized to issue bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 341 authorized to sell water in adjoining parishes. . . . . . . . . . . . IV 328 certain special taxes payable to . . . . . . . . . . . . . . . . . . . . . . . . . IV 332 how its rates fixed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 328 receives certain funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 342, 345 right of board of levee commissioners of Orleans levee district to contract with . . . . . . . . . . . . . . . . . . . . . . . . . III 614 special tax for sewerage, water and drainage payable to.. IV 329 to maintain and operate drainage system. . . . . . . . . . . . . . . . IV 328 to maintain and operate sewerage and waterworks for city IV 328 city of New Orleans may issue bonds for . . . . . . . . . . . . . . IV 341 SEWERAGE DISTRICTS, authorized to incur debts and issue bonds. . . . . . . . . . . . . . . . III 312, 364 bonds payable in annual installments. . . . . e e º e º e º e º e e º e e III 385 creation authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © tº º III 368 debts, power to incur. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312, 364, 367 issuance and sale of bonds, terms and conditions . . . . . . . . . III 387 legislature empowered to authorize creation. . . . . . . . . . . . . . III 367 limitations and restrictions on indebtedness and bond issues III 375 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . . III 385 DOWel'S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - III 367 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1199 Vol. IV Index º º º e e Part I Provisions of Present Constitution and Projet Volume SEWERAGE DISTRICTS, (continued) refunding bonds, right to issue. . . . . . . . . . . . . . . . . . . . . . . . . . III tax to pay bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III power to compel levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III SEWERAGE, WATER AND DRAINAGE BONDS, issuance by city of New Orleans, terms and conditions. . . . IV SEXES, masculine gender denotes both in constitution. . . . . . . . . . . . III SHEDS, See HARBOR DISTRICTs; PorT DISTRICTs; TERMINAL DIS- TRICTS. SHERIFFS, bonds required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II civil, of Orleans Parish, to be ex officio collector of taxes.. II vacancies in office, methods of filling. . . . . . . . . . . . . . . . . . II compensation fixed for certain services. . . . . . . . . . . . . . . . . . II coroner acting in place of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II duties of tax collector excepted. . . . . . . . . . . . . . . . . . . . . . . . II sheriff party in interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy in office of sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . II courts of appeal, duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II criminal sheriff, parish of Orleans. . . . . . . . . . . . . . . . . . . . . . II salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy in office, method of filling. . . . . . . . . . . . . . . . . . . . II deputies assigned to criminal district court, Orleans Parish II deputy criminal sheriff, Orleans Parish, salary. . . . . . . . . . II duties in connection with courts of appeal. . . . . . . . . . . . . . II election in each parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II when elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II employees and deputies of, excepted from civil service. . . . III ex officio collector of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II exhaustion of legal remedies to collect taxes required. . . . II may be authorized to collect municipal taxes. . . . . . . . . . . . II methods of filling vacancy in office. . . . . . . . . . . . . . . . . . . . . . III unexpired term of less than one year. . . . . . . . . . . . . . . . . . III unexpired term of more than one year. . . . . . . . . . . . . . . . III one civil and one criminal in Orleans Parish. . . . . . . . . . . . . . II one for each parish, except Orleans. . . . . . . . . . . . . . . . . . . . . II payment of salaries from fees collected. . . . . . . . . . . . . . . . . . II term of office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to execute orders and attend sessions of courts of appeal II to give bonds as required by law. . . . . . . . . . . . . . . . . . . . . . . . II to recº salary, compensation and expenses as fixed by II &W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vacancy in office of, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . III when discharged as tax collector. . . . . . . . . . . . . . . . . . . . . . . . II SHIPS, See WATER TRANSPORTATION LINES; WATERCRAFT. engaged in overseas trade and commerce, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III SHREVEPORT, certain of its debts ratified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III city charter commission for new form of government. . . . . . III city required to levy certain special taxes. . . . . . . . . . . . . . . . III domicile of second circuit of court of appeal in . . . . . . . . . . . . II issuance of certain bonds by city authorized. . . . . . . . . . . . . . III Page” 383 312, 364 385 341, 345 747 761 761, 761 762 794 767 767 767 767 568 761, 761 794 762 677 794 568 761, 761 761 579 761 761 761, 761 58, 59 59 59 761 761, 761 582 761, 761 568 761 794 58, 59 761 185, 185 353 263 353 655, 655 353 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1200 Vol. IV Provisions of Present Constitution and Projet A.” Volume Page” SICK LEAVE, civil service rules governing uniform regulations covering, permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 SIDEWALKS, assessments, legislature's power to confer authority to levy III 276 SIGNATURE, where governor's not required. . . . . . . . . . . . . . . . . . . . . . . . . . II 160, 160 SIGNED CONSTITUTION PREVAILS. . . . . . . . . . . . . . . . . . III 7.62 SIGNING OF BILLS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 SINKING FUND, political subdivisions to impose and collect tax necessary to retire bonds at maturity. . . . . . . . . . . . . . . . . . . . . . III 311, 312 to retire bonds, political subdivisions to impose and collect tax necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 311, 312 SLANDER, See FREEDOM OF SPEECH AND PRESS. criminal libel, truth, admissibility in evidence. . . . . . . . . . . . II 9, 9 immunity of legislators from responsibility for . . . . . . . . . . II 127, 128 proceedings or prosecutions for, truth thereof may be given in evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 responsibility for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 9, 9 right to damages for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 14, 14 truth may be put in evidence on trial of . . . . . . . . . . . . . . . . . . II 9, 9 SLEEPING CAR COMPANIES, jurisdiction of public service commission over. . . . . . . . . . . II 398 SOCIAL SECURITY, See PUBLIC WELFARE. SOCIAL WELFARE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 374,374 and economic security, legislature not to be denied power to provide system for needy and deserving. . . . . . . . II 374 blind, financial assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 374 system authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 374, 374 SOLDIERS, not to be quartered in homes in time of peace. . . . . . . . . . . . II 17, 17 SOLDIERS' HOME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 367 name of home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 367 SOUTHEAST LOUISIANA HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . . II 531 SOUTHEASTERN LOUISIANA COLLEGE, See STATE HIGHER INSTITUTIONS OF LEARNING. SOUTHWEST LOUISIANA CHARITY HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 SOUTHWESTERN LOUISIANA INSTITUTE OF LIB- ERAL AND TECHNICAL LEARNING, See STATE HIGHER INSTITUTIONS OF LEARNING. SPEAKER OF HOUSE OF REPRESENTATIVES, See LEGISLATURE. approval of contracts for supplies for state. . . . . . . . . . . . . . II 122 signature of appropriation bill, time limit. . . . . . . . . . . . . . . II 210, 210 signing bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 151, 152 time for signing appropriation bills. . . . . . . . . . . . . . . . . . . . . II 210, 210 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1201 Vol. IV IT CeX º 6 tº º º !. I Provisions of Present Constitution and Projet Volume SPECIAL DISTRICT, issuance of negotiable bonds, when authorized. . . . . . . . . . . . III may incur debt, when authorized. . . . . . . . . . . . . . . . . . . . . . . . III referred to as political subdivision in constitution........ III SPECIAL ELECTION, See ELECTION. to be called by governor to fill Supreme Court vacancy.... II SPECIAL FUND, of political corporation, when reimbursed by Property Tax Relief Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III SPECIAL LAWS, See LAWS, special and local. indirect enactment of, prohibited. . . . . . . . . . . . . . . . . . . . . . . II municipal charter may not be changed by, exceptions. . . . . . III notice of intention, place, content, manner and date of publication, requirements of... . . . . . . . . . . . . . . . . . . . II publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against passage of, on certain subjects. . . . . . . II repeal of, permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II requirements for passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SPECIAL LEGISLATIVE CHARTER, those in existence may be changed. . . . . . . . . . . . . . . . . . . . . . III SPECIAL RIGHTS, prohibition against local or special laws granting. . . . . . . . II SPECIAL SCHOOL MAINTENANCE TAX, to be on one hundred percent assessed value. . . . . . . . . . . . . . III SPECIAL SESSION, call by petition by two-thirds of members of each house. . . . II call published in official journal. . . . . . . . . . . . . . . . . . . . . . . . II governor may convene legislature in. . . . . . . . . . . . . . . . . . . . II limited to objects in call. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II never to exceed thirty days. . . . . . . . . . . . . . . . . . . . . . . . . . II notice for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II purpose for call or petition in notice. . . . . . . . . . . . . . . . . . . . II requirement of five days’ notice. . . . . . . . . . . . . . . . . . . . . . . . II SPECIAL TAXES, See BONDS; TAXATION. on property, in former municipality upon consolidation, governing authority authorized to levy. . . . . . . . . . . . III SPEECH, o curtailment or restraint prohibited. ...: ... . . . . . . . . . . . . . . . II immunity of legislators from responsibility for speeches. . II liberty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to speak sentiments on all subjects. . . . . '• • * * * * * * * * * * * * * II no law to curtail or restrain liberty of . . . . . . . . . . . . . . . . . . II SPEEDY TRIAL, right of accused to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SPLIT SESSION, See LEGISLATIVE PROCEDURE; LEGISLATURE. amendment to constitution, introduction to be at first part of split session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III date and duration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II no bill to be passed at first split, exceptions. . . . . . . . . . . . . . II STADIUMS, property constituting, exempt from taxation. . . . . . . . . . . . . III Page” 311, 312 311, 312 337. 592 185, 186. 394, 394 245 384 384 387, 388 394, 394 384, 385 245 388 464 74, 74 74, 74 74, 74. 74, 74 74, 74 74, 74 74, 74 74 324 9, 9 127, 128 9, 9 9, 9 9, 9 19, 19 703 63 63 173 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1202 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” STATE, See PUBLIC LANDs; SECRETARY OF STATE; STATE AGENCIES; STATE AUDITOR; STATE TREASURER. abridgment of police power prohibited. . . . . . . . . . . . . . . . . . II 411,411 affairs of, report to legislature by governor concerning.... II 452 as party defendant, cases involving, district court to have exclusive original jurisdiction. . . . . . . . . . . . . . . . . . . . . II 693 authorization by legislature to file suit against. . . . . . . . . . II 172,174 authority of board of liquidation of the state debt to fund certain of its indebtedness into evidences of in- debtedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 236 Baton Rouge capital of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 412,412 bonds of, unaffected by adoption of Constitution. . . . . . . . . . III 751, 751 cannot purchase or subscribe to stock in corporations or to private enterprise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 capitol for housing departments of state government pro- vided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 certain of its debts validated. . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 charitable institutions, establishment, power restricted. . . . II 408,408 civil matters, prescription to run against. . . . . . . . . . . . . . . . II 179, 179 documents, availability of, for purchase and inspection. . . . II 492 donations and conveyances to United States permitted. . . . II 362, 362 effect of judgments against, fixed by legislature. . . . . . . . . . II 172,174 funds, credit or property of, shall not be loaned, pledged or granted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354, 354 governor to give information to legislature about affairs of II 452, 452 governor’s absence from, declaration of, to secretary of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 472 notice of return to be filed with secretary of state. . . . . . II 472 has power to grant rights-of-way. . . . . . . . . . . . . . . . . . . . . . . II 366, 366 incurring of debt, issuance of bonds and levy of taxes for certain purposes authorized. . . . . . . . . . . . . . . . . . . . . . II 236 interest of officers in contracts for supplies for, prohibited II 122 lease of lands adjudicated for taxes. . . . . . . . . . . . . . . . . . . . . II 351, 351 limitation on legislature’s authority to contract debts and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343, 344 limitation on use of state funds, credit, or property, not to affect powers of Board of Liquidation of the State Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 not to deny power to assist and provide for agricultural plant and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 not to deny power to donate, convey property to United States to make effective cooperation. . . . . . . . . . . . . . . II 362 not to deny right to grant necessary rights-of-way for transportation or communication. . . . . . . . . . . . . . . . . . II 366 not to deny right to provide by contract with charitable institutions, asylum for destitute. . . . . . . . . . . . . . . . . . II 361 not to deny right to provide maintenance and asylum for destitute and incapacitated persons. . . . . . . . . . . . II 361 may appeal in cases involving removal of public officials. . III 117, 117 method of removal of officers of . . . . . . . . . . . . . . . . . . . . . . . . III 116, 116 method of procedure in suits against, fixed by legislature II 172,174 new educational institutions, power to establish, restricted II 408,408 office holder changing residence, cases causing vacancy in Office • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 papers, availability of, for purchase and inspection. . . . . . . . II 492 police power not to be abridged. . . . . . . . . . . . . . . . . . . . . . . . II 411,411 police power of, unrestricted in New Orleans. . . . . . . . . . . . III 282 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1203 Vol. IV Index e - e e & Part | Provisions of Present Constitution and Projet Volume Page” STATE, (continued) g power of, regarding agricultural plant and agricultural products of state, not affected by limitation on use of state credit, funds, or property, in Article IV, Sec- tion 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 power of, regarding provision of facilities for processing, marketing, distributing, or storage of agricultural products of state, not affected by limitation on use of state credit, funds, or property, in Article IV, Section 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 power of state to grant right of way on public lands, not to be denied by limitation on use of state credit, funds, or property, Article IV, Section 11 (A) . . . . . . II 366 power to donate or convey property to United States or agency thereof, not affected by limitation on use of state credit, funds, or property, in Article IV, Sec- tion 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362 power to make effective cooperation with federal govern- ment, not affected by limitation on use of state credit, funds, or property, in Article IV, Section 11(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 362 prescription acquirendi causa not to run against. . . . . . . . . . II 179, 179 prescription liberandi causa, to run against state. . . . . . . . . II 179 private charities, aid from public treasury prohibited . . . . II 336,336 prohibited from assuming liabilities. . . . . . . . . . . . . . . . . . . . II 354, 354 prohibition against grant of extra compensation, fees or allowances by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 prohibition against local or special laws legalizing unau- thorized or invalid acts of officers, etc., of . . . . . . . . . . II 387, 388 prohibition against payment of unauthorized claims against II 380, 380 property, mineral rights on, reserved, exceptions. . . . . . . . II 351 protection of rights and interest, duty of department of justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 749 provisions for issuance of certain bonds of . . . . . . . . . . . . . . . II 236, 362 records, availability of, for purchase and inspection. . . . . . . II 492 reimburses parishes for expenses of criminal institutions - in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 351 release of debts, liabilities or obligations to, by legislature prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383,383 reservation for mineral rights by . . . . . . . . . . ... e º e s a e e º e º 'º e e II 351 residence, Confederate veterans and their widows, power of legislature to provide pensions for, not limited by Article IV, Section 11 (A). . . . . . . . . . . . . . . . . . . . II 366 retirement system, for aged and incapacitated officers and employees of state, legislature not to be denied power to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 369 sale of certain of its bonds, notes, certificates and other evidences of indebtedness provided for . . . . . . . . . . . . II 236 shall not assume the liability, become part owner, or carry on the business of any person, association, or cor- poration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 shall not invest, lend, pledge, or donate funds, credit, prop- erty to person, association or corporation. . . . . . . . . . II 354 style of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • II 138, 138 supplies for, how purchased. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 122 treason against, definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 25, 25 vacancy in office, appointment by governor. . . . . . . . . . . . . . II 478,478 well regulated militia necessary to security of . . . . . . . . . . . . II 17, 17 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. - 1204 Vol. IV Provisions of Present Constitution and Projet ºi Volume Page” workmen’s compensation law or employer’s liability act, inapplicability of Supreme Court appellate jurisdic- tion in cases under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619 STATE ADVISORY BOARD, - created, duties defined and membership provided. . . . . . . . . . II 526 shall approve highway contracts. . . . . . . . . . . . . . . . . . . . . . . II 526 to approve issuance of bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . II 253, 526 STATE AGENCIES, donations and conveyances by, to United States permitted II 362,362 referred to as political corporation when recognized as having separate legal entity. . . . . . . . . . . . . . . . . . . . . . III 337 STATE AID, churches and religious sects, aid from public treasury prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 336, 336 STATE ASYLUMS, for the insane, appropriations for. . . . . . . . . . . . . . . . . . . . . . II 206, 206 STATE AUDITOR, See ASSISTANT STATE AUDITOR; AUDITOR. appoints assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 audits accounts of board of commissioners of the port of New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645, 647 bond of supervisor of public accounts to be filed with. . . . . . II 311 countersigns bonds of board of commissioners of the port of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645, 647 how elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428, 496, 497 how vacancy in office filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428, 496, 497 legislature's duty to make appropriations for expenses of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444, 444 may remove assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 member of executive department. . . . . . . . . . . . . . . . . . . . . . . . II 428,428 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444, 444 term of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428, 428, 496, 497 STATE BANK COMMISSIONER, See BANK COMMISSIONER. office created, and appointment provided for . . . . . . . . . . . . . . II 516 STATE BOARD OF CONTROL OF STATE COLLEGES, See BOARD OF CONTROL OF STATE COLLEGES. STATE BOARD OF EDUCATION, administrative department or agencies. . . . . . . . . . . . . . . . . . III 430 authority to approve private schools. . . . . . . . . . . . . . . . . . . . III 429 composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425, 426 control of parish and municipal school board prohibited . . . . III 425, 426 control over public Schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425, 428 disposition of proceeds of gasoline tax regulated. . . . . . . . . . II 2.99 discretion allowed in allocation of funds from gasoline tax II 299 duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425, 426,428 election of members of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425, 426 enumeration of educable children. . . . . . . . . . . . . . . . . . . . . . . . II 315 equalizing fund, use, purposes. . . . . . . . . . . . . . . . . . . . . . . . . . II 315 expenditure of funds, restrictions. . . . . . . . . . . . . . . . . . . . . . . III 430 members of, to serve without pay, except per diem and eXpenSes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 456, 456 parish Superintendent, qualifications fixed by . . . . . . . . . . . . III 458, 458 powers over L. S. U. & A. & M. College. . . . . . . . . . . . . . . . . . III 429 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1205 Vol. IV Index tº º tº te Part | Provisions of Present Constitution and Projet Volume STATE BOARD OF EDUCATION, (continued) state Superintendent of public education to be ex-officio secretary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III term of office of members of . . . . . . . . . . . . . . . . . . . . . . . . . . . . III to administer the equalization fund for public schools. . . . III to fix qualifications and duties of parish and municipal Superintendents of education. . . . . . . . . . . . . . . . . . . . . III to prepare budget to submit to legislature. . . . . . . . . . . . . . . III to provide qualifications and certification of teachers. . . . . . Ill to regulate disbursement of equalization fund to parishes. . II III to regulate distribution of special funds. . . . . . . . . . . . . . . . . . II to receive ten-twentieths of gasoline tax. . . . . . . . . . . . . . . . II STATE BOARD OF HEALTH, See BOARDS OF HEALTH. STATE BOARD OF LIQUIDATION, See BOARD OF LIQUIDATION, STATE DEBT. STATE BOARDS, referred to as political corporation when recognized as having legal entity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III STATE BOARDS AND COMMISSIONS, continuance in existence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III STATE BOND AND INTEREST TAX FUND, provisions for continued levy and collection of . . . . . . . . . . . . II provisions for funding into bonds. . . . . . . . . . . . . . . . . . . . . . . II STATE BONDS, See STATE FINANCES. sale of . . . . . . . . . . . . . . . . . . . . . . . • * * ~ e s e e s e e º ºs e s e a e e s e o e II sale, redemption, payment, retirement of, responsibility of treasurer, subject direction of governor. . . . . . . . . . II STATE BOUNDARIES, authority for companies to erect bridges across. . . . . . . . . . III STATE CAPITOL, at Baton Rouge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II bond issue provided for tax levy for payment. . . . . . . . . . . . II STATE CIVIL SERVICE, See CIVIL SERVICE. appeal, in cases of discrimination or disciplinary action, right of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appointments and promotions, how determined. . . . . . . . . . . III director of personnel, appointment of . . . . . . . . . . . . . . . . . . . III to have powers and duties as delegated by civil service commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III disciplinary action for political or religious reason, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III disciplinary action to be for cause. . . . . . . . . . . . . . . . . . . . . . III discrimination against employees in, prohibited. . . . . . . . . . III duties and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III officers and employees excepted, enumeration of . . . . . . . . . . III permanent appointment to be by certification ascertained by examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III STATE CIVIL SERVICE COMMISSION, appointment of director of personnel on basis of competi- tive examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appointment of members to city civil service commission by III Page” 428 425, 426 460, 462 458, 458 429 429 315 460, 464 315 299 337 740, 740 236 236 493 493 190, 276 412,412 236 582 582 577 577 582 582 582 585 579 582 577 573 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1206 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” exemptions and qualifications and conditional exemptions may be made or revoked by . . . . . . . . . . . . . . . . . . . . . . III 579 removal from office, only as provided by Article VIII. . . . . . III 576 STATE CIVIL SERVICE LAW, 1940 Act ratified and approved. . . . . . . . . . . . . . . . . . . . . . . . . III 511 STATE COLLEGE FUND, amount to be transferred to, from State General Revenue III 460 STATE COLLEGES, state board of control of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 STATE COLONY AND TRAINING SCHOOL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 STATE CREDIT, See STATE FINANCES. donation of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 investing of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 limitation on use of state credit, funds, or property, excep- tions enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 360–366 pledging of, to any person, association or corporation, pro- ibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 STATE DEBT, See BOARD OF LIQUIDATION OF STATE DEBT; DEBT. act proposing, to become effective upon majority vote of qualified voters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 appropriations for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206, 206 bonds, sale, redemption, payment, retirement of, responsi- bility of treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 bonds and securities, safekeeping responsibility of treasurer II 493 contracted in emergency, three-fourths affirmative vote of legislature not required. . . . . . . . . . . . . . . . . . . . . . . . . . II 343 existing at time of adoption of constitution, three-fourths affirmative vote of legislature not required. . . . . . . . II 343 issuance of bonds, treasurer shall maintain record of . . . . . . II 494 limit, purpose, terms and conditions or repayment to be specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 moneys for, and interest thereon, inclusion in general ap- propriation bill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206 repayment, conditions and terms of, to be specified. . . . . . . . II 343 royalties from oil produced from tidelands dedicated to payment of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 235 vote of legislature on, requirements. . . . . . . . . . . . . . . . . . . . . II 343 vote on, at time legislature prescribes. . . . . . . . . . . . . . . . . . II 343 STATE ELECTION LAWS, municipalities to have right of choosing governing author- ity in accordance with. . . . . . . . . . . . . . . . . . . . . . . . . . . III 282 STATE EMPLOYEES, See OFFICERS. STATE EXAMINER OF MUNICIPAL FIRE AND PO- LICE CIVIL SERVICE, acting as secretary of municipal fire and police civil service board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 538 appointment and removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 ond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 examiners, appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1207 Vol. IV Index e G © e e Part | Provisions of Present Constitution and Projet Volume Page” STATE EXAMINER OF MUNICIPAL FIRE AND PO- LICE CIVIL SERVICE, (continued) oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 544 STATE FINANCES, See SALARIES. accounts, annual audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 497 treasurer to keep accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 allowance, extra, granting of, by legislature, without ex- press authority of law, prohibited. . . . . . . . . . . . . . . . II 380 appropriations, for private charitable purposes prohibited II 336, 336 interim between sessions, by Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 signature of bill, time limit. . . . . . . . . . . . . . . . . . . . . . tº e º & II 210 bonds, sale, redemption, payment and retirement of, re- sponsibility of treasurer. . . . . . . . . . . . . . . . . . . . . . . . . II 493 compensation, extra, granting of, by legislature, without express authority of law, prohibited. . . . . . . . . . . . . . II 380 credit, investing, lending, donating, pledging to any person, association or corporation, prohibited. . . . . . . . . . . . . . II 354 custody of state money, responsibility of treasurer. . . . . . . . II 493 debt, existing at time of adoption constitution, three-fourths affirmative vote of legislature not required . . . . . . II 343 funded, record to be maintained by treasurer. . . . . . . . . . II 494 total maximum limit for fiscal year, Board of Liquida- tion of the State Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 vote of legislature on, where contracted to repel invasion II 343 direct or indirect aid to religion prohibited. . . . . . . . . . . . . . II 336, 336 expenditures, appropriation for specified purpose, specific amount required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 208, 209 appropriation under title of contingent prohibited. . . . . . II 208, 209 money from treasury for contingencies prohibited. . . . . . II 208, 209 money to be drawn from treasury in pursuance of law- ful appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 no appropriation of money for longer than two years. . . . II - 203 fees, charged by executive department officers, to be paid into General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . II 444 extra, granting of, by legislature, without express au- thority of law, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 380, 380 fiscal year, total maximum limit to be borrowed or ap- propriated, all departments . . . . . . . . . . . . . . . . . . . . . . II 212 total maximum limit to be borrowed or appropriated, any one department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 funds, all revenues to be deposited in single fund, ex- ceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 220 annual audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 497 contingent, money for, prohibited. . . . . . . . . . . . . . . . . . . . . II 208,209 custody and safekeeping of, responsibility of treasurer.. II 493 general revenue, funded obligations by preferred claim on III 2O7 investing, lending, donation, or pledging to any person, association, or corporation, prohibited. . . . . . . . . . . . . II 354 legislature to prescribe procedures for collection control, expenditure of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 206 part of Public School Fund to be set aside as equaliza- tion fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 prohibition against use of public funds for support of private or sectarian school. . . . . . . . . . . . . . . . . . . . .} . . II 336, 336 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 1208 Vol. IV Provisions of Present Constitution and Projev E.; Volume Page” General Revenue Fund, fees charged by executive depart- & ment officers to be paid into. . . . . . . . . . . . . . . . . . . . . . II 444 indebtedness, act approving, effective date of . . . . . . . . . . . . II 343 act proposing, publication of... . . . . . . . . . . . . . . . . . . . . . . II 343 act proposing, to be come effective upon majority vote of qualified voters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 contracted to repel invasion. . . . . . . . . . . . . . . . . . . . . . . . . . II 343, 344 limit, purpose, terms and conditions of repayment to be specified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 343 submitted to vote at time prescribed by legislature. . . . . . II 343 vote of legislature on, exceptions. . . . . . . . . . . . . . . . . . . . . II 343 vote of legislature on, requirements. . . . . . . . . . . . . . . . . . . II 343 indebtedness under Constitution of 1921 recognized. . . . . . . III 751 issuance of bonds, election for, legislature may prescribe method of casting ballots. . . . . . . . . . . . . . . . . . . . . . . . III 76 levying and collection of taxes, for public purposes only. . III 135, 135 limitation on use of state credit, funds, or property, excep- tions enumerated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º II 360–366 not to deny legislature power to provide pensions fo Confederate veterans and widows. . . . . . . . . . . . . . . . . II 366 not to deny legislature the power to provide a retirement system for aged and incapacitated state employees II 369 not to deny state right to grant rights of way through public lands. . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - - - - - II 366 not to deny state to assist in purchase, expansion, im- provement, or construction of agricultural plant and facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 364 loans of state money, prohibition against, not to effect powers of Board of Liquidation of the State Debt.. II 360–366 to any person, association or corporation, prohibited. . . . II 354 Louisiana Tax Commission, functions and composition of... III 140, 141 moneys, custody and safekeeping of, responsibility of treas- Ulrer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 payment of bonds, responsibility of treasurer. . . . . . . . . . . . II 493 pensions, power of legislature to provide pensions for Con- federate veterans and widows not limited by Article IV, Section 11 (A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 366 publication of statement of receipts and expenditures, re- quirement of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 receipts, publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 203 redemption of state bonds, responsibility of treasurer. . . . . II 493 retirement system, for aged and incapacitated officers and employees of state, legislature not to be denied power to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 369 revenues, dedication of specific sources of, for indebtedness under Constitution of 1921, continued in full force and effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 751 revenues, in anticipation of collection, three-fourths vote of legislature not required. . . . . . . . . . . . . . . . . . . . . . . II 343 to be deposited in State General Revenue Fund, ex- ceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 220 sale of bonds, responsibility of treasurer. . . . . . . . . . . . . . . . . II 493 securities, custody and safekeeping of, responsibility of treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 State College Fund, provisions relating thereto. . . . . . . . . . III 460 State General Revenue Fund, repayment of loans from surplus in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 transference of funds to Public School, State College, and State University Funds. . . . . . . . . . . . . . . . . . . . . . III 460 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1209 Vol. IV Index tº º * * Part 1 Provisions of Present Constitution and Projet Volume Page” STATE FINANCES, (continued) g State Public School Fund, provisions relating thereto. . . . . . III 460 State treasurer, to make available funds for administration of judicial commissions. . . . . . . . . . . . . . . . . . . . . . . . . . II 770 State treasury, money drawn pursuant to appropriation made by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 203 State University Fund, provisions relating thereto. . . . . . . . III 460 taxes, forfeiture of property for non-payment of, prohibited III 205 legislature to provide for procedure for collection. . . . . . III 205 to be for public purposes only. . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 treasurer, power and duties of . . . . . . . . . . . . . . . . . . . . . . . . . II 493 STATE FUNDS, See FINANCES; HIGHWAYS; PUBLIC FUNDs; STATE FI- NANCES. donation of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 investing of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 legislature to prescribe procedures for collection, control and expenditure of... . . . . . . . . . . . . . . . . . . . . . . . . . . . III 206 lending of, to any person, association or corporation, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 limitation on use of state credit, funds, or property, ex- ceptions enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 360–366 pledging of, to any person, association or corporation, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 STATE GENERAL REVENUE FUND, all revenues to be deposited in, exceptions. . . . . . . . . . . . . . . II 220 appropriation from, by Board of Liquidation of the State ept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212 fees charged by officers in executive department, to be paid into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 funded obligations to be by preferred claim on avails of . . . . III 207 payment of loans from surplus when authorized by Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . II 212 surplus in, to be used to repay loans made by Board of Liquidation of the State Debt. . . . . . . . . . . . . . . . . . . . II 212 transference of funds to Public School, State College, and State University Funds. . . . . . . . . . . . . . . . . . . . . . . . . . III 460 STATE GOVERNMENT, See STATE. STATE HEALTH OFFICER . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 515 See BOARDS OF HEALTH. STATE HIGHER INSTITUTIONS OF LEARNING, appropriations for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460, 460 enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 STATE HIGHWAYS, parishes relieved from costs and charges for . . . . . . . . . . . . . . II 239 STATE HOSPITAL BOARD, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 STATE INDUSTRIAL SCHOOL FOR GIRLS, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 STATE INSTITUTIONS, appropriations for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 206, 206 board of institutions. . . . . tº e º 'º º e º 'º e º º e º e º 'º e º e º dº e e g º 'º e g º e II 531 director of institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1210 Vol. IV ge is * e © Ind Provisions of Present Constitution and Projet E.” Volume Page” exchange of employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 lease of land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 medical treatment, right of patient to decline. . . . . . . . . . . . II 531 moneys for, inclusion in general appropriation bill. . . . . . . . II 206 right of way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 531 STATE INSTITUTIONS OF HIGHER EDUCATION, interstate and intrastate educational agreements authorized II 336, 337 STATE LAND OFFICE, See REGISTER OF THE STATE LAND OFFICE. STATE LIBRARY, legislature to provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 790 STATE MARKET COMMISSION, See MARKET COMMISSION, STATE. STATE MEDICINE, legislature directed to prohibit adulteration. . . . . . . . . . . . . . II 516 legislature to prohibit unqualified practice of . . . . . . . . . . . . II 516 STATE OBLIGATIONS, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 180, 180 STATE OF LOUISIANA, abridgment of police power prohibited. . . . . . . . . . . . . . . . . . II 411, 411 assumption of liabilities restricted. . . . . . . . . . . . . . . . . . . . . . II 354, 354 bonds of, unaffected by adoption of Constitution... . . . . . . . . III 751, 763 carrying on business of private concerns prohibited. . . . . . II 354, 354 suits against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172,174 STATE OFFICERS, dual office holding prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . III 92, 92 may be suspended for failure to account for public moneys III 47, 118, 119 not allowed fees or perquisites when salary fixed by con- stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 98 penalty against person offering free pass or free service to III 100 penalty for accepting free passes or services. . . . . . . . . . . . III 100 persons not eligible to be. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 92, 92 prohibited from receiving passes and free services. . . . . . . . III 100 removal from office, appeal to Supreme Court. . . . . . . . . . . . III 117, 117 STATE OFFICES, right to vote for, removal from parish to another, not to deprive right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 41, 42 STATE PENITENTIARY, See PENITENTIARY. convict in, not to be leased or hired, exceptions. . . . . . . . . . . II 410, 411 STATE PERSONNEL, civil service rules regulating, permitted. . . . . . . . . . . . . . . . . . III 585 STATE PRINTING BOARD, See PRINTING BOARD. STATE PROPERTY, donation of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 to United States or agency thereof, not affected by limita- ...tion on use of state credit, funds, or property. . . . . . II 362 investing of, to any person, association or corporation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 lending of, to any person, association or corporation, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 354 limitation on use of state, credit, funds, or property, excep- tions enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 360–366 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1211 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume STATE PROPERTY, (continued) pledging of, to any person, association or corporation, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II treasurer to keep record of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II used for levee purposes not to be purchased. . . . . . . . . . . . . . III used for restoration of highways not to be purchased. . . . . III STATE PUBLIC SCHOOL FUND, amount to be transferred to, from State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III distribution when, has not reached ten million. . . . . . . . . . . . II legislature to provide for minimum, fixed. . . . . . . . . . . . . . . . II sources and apportionment of... . . . . . . . . . . . . . . . . . . . . . . . II to be apportioned and paid to parishes. . . . . . . . . . . . . . . . . . II to be kept separate from other state funds. . . . . . . . . . . . . . II to receive balance of severance tax. . . . . . . . . . . . . . . . . . . . . . II STATE RELIGION, establishment prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STATE SCHOOLS AND EDUCATIONAL INSTITUTIONS, annual appropriation for maintenance. . . . . . . . . . . . . . . . . . . III higher educational institutions listed. . . . . . . . . . . . . . . . . . . . III STATE SCHOOLS FOR THE BLIND, See STATE HIGHER INSTITUTIONS OF LEARNING. appropriation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STATE SCHOOLS FOR THE DEAF AND DUMB, See STATE HIGHER INSTITUTIONS OF LEARNING. appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STATE SEAL, on all commissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STATE, SECRETARY OF, See SECRETARY OF STATE. STATE SECURITIES, See STATE FINANCE, securities. sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STATE SUPERINTENDENT OF PUBLIC EDUCATION, appointment and removal of . . . . . . . . . . . . . . * * * * * * * * * * * * * * III election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III ex-officio Secretary of state board of education. . . . . . . . . . . . III salary of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III term, qualifications, and salary, to be fixed by state board of education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III STATE TAX COLLECTOR, See NEW ORLEANS; TAX COLLECTORS. annual appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III city of New Orleans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III election, term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III fees paid into state treasury. . . . . . . . . . . . . . . . . . . . . . . . . . . . III salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III STATE TREASURER, See ASSISTANT STATE TREASURER; TREASURY. appoints assistant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II may remove assistant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authorized to allocate funds for highway commission. . . . . . II election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how vacancy in office filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Page” 354 493 606, 606 606, 606 460 315 315 315 315 315 315 13, 13 430, 460, 460 430, 460 206, 206 206, 206 507 493 425 428 428 428 425 353 353 353 353 353 446, 447 446, 447 239 428,428 428,428 428 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1212 Vol. IV Provisions of Present Constitution and Projet º; Volume Page” legislature’s duty to make appropriations for expenses of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 may succeed himself. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 507 monthly report to be rendered state boards on gasoline tax II 299 power and duties, to transfer funds to Public School, Col- lege, University Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 term of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 STATE TREASURY, See TREASURY. all revenues to be deposited in . . . . . . . . . . . . . . . . . . . . . . . . . . II 220 appropriation for private charitable purposes prohibited. . II 336 direct or indirect aid to religion prohibited. . . . . . . . . . . . . . II 336 money to be drawn in pursuance of appropriation made a W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203 state tax collector for the city of New Orleans’ fees go to. . III 353 STATE UNIVERSITY, funds for support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 318 tax funding bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 236 STATE UNIVERSITY AND AGRICULTURAL AND ME- CHANICAL COLLEGE annual appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 430, 460 board of supervisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 3.18 III 426,429 expenditure of funds, restrictions. . . . . . . . . . . . . . . . . . . . . . . III 430 funds for support of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 3.18 governing bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 429 governor ex-officio president of governing board. . . . . . . . . . III 426,429 insurance license tax collected dedicated to . . . . . . . . . . . . . . II 318 millage tax funded into bonds. . . . . . . . . . . . . . . . . . . . . . . . . . II 236 powers of state board of education. . . . . . . . . . . . . . . . . . . . . . III 429 state debt to, interest rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 472 tax levy to support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 3.18 STATE UNIVERSITY FUND, amount to be transferred to, from State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 STATEMENT, of state receipts and expenditures, publication of . . . . . . . . II 203 STATIONERY, how purchased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 122 STATUES, used for nonprofit public exhibition, exempt from taxation III 172 STATUTES, See EX POST FACTO LAws; LAws. adoption at extraordinary session to enact legislation made necessary by adoption of constitution, effective date OT - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 755 applicable to fewer than five municipalities, effect of . . . . . . III 266 codification of laws, title referring to general purpose and SCOP'e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168, 168 enactment and revision of system of laws of general nature by single . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168, 168 how revised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 170 method of enacting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 170 to enact or revise system of laws where deemed to embrace only one object. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168, 168 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1213 Vol. IV Index e e o e º Part | Provisions of Present Constitution and Projet Volume STATUTES, REVISED, See REVISED STATUTES. method of integrating laws into. . . . . . . . . . . . . . . . . . . . . . . . . II STEAMBOATS, public Service commission, powers over. . . . . . . . . . . . . . . . . . II STENOGRAPHER, justice of Supreme Court empowered to employ. . . . . . . . . . II STOCKHOLDERS, public, legislature shall provide for the protection of . . . . . . II STOCKS, See ASSOCIATIONS; CORPORATIONS. fictitious issues void, charter forfeited. . . . . . . . . . . . . . . . . . II issued only for money or money's worth. . . . . . . . . . . . . . . . . . II state and political corporations prohibited from purchasing or subscribing to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STORAGE, agricultural products, facilities for, state not to be denied power to provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STORES, See NEW ORLEANS. STORM, See EMERGENCY. STREAMS, See NAVIGABLE WATERS. special and local laws relating to erection of bridges at streams which form boundaries between states, per- mitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II STREET PASSENGER RAILROADS, prohibition against local or special laws authorizing con- struction of, in municipalities. . . . . . . . . . . . . . . . . . . . II STREET RAILWAYS, See STREET PASSENGER RAILROADS. local law authorizing construction prohibited. . . . . . . . . . . . II public service commission, powers over. . . . . . . . . . . . . . . . . . II STREETS, See PAVING. acquisition of property for relocation and restoration of . . . III assessments, legislature’s power to confer authority to levy III city of New Orleans may issue certificates for street pav- ing, widening and straightening. . . . . © e o 'o e º e º ºs e e e G IV prohibition against local and special laws regarding. . . . . . II property acquired to restore, to be purchased at not more than assessed value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III providing for electric lights on . . . . . . . . . . . . . . . . . . . . . . . . . III STRUCTURES, º provision authorizing preserving character of . . . . . . . . . . . . III STUDENTS, o º institution of higher learning, not to lose voting residence III public school, separate schools to be maintained for . . . . . . III STYLE, of laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SUB-DRAINAGE DISTRICTS, See DRAINAGE DISTRICTS. SUB-GRAVITY DRAINAGE DISTRICTS, See GRAVITY DRAINAGE DISTRICTS. Page” 169 398 567 396 38 38 354 364 387 388 388 398 606, 606 276 335 387, 388 606, 606 369 324 43, 44 419,419 138, 138 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1214 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” SUB-ROAD DISTRICTS, See ROAD DISTRICTS. SUB-TITLES OR HEADINGS, - not part of constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 754 SUB-WATERWORKS DISTRICTS, See WATERWORKS DISTRICTS. SUBDIVISIONS OF STATE, See GARBAGE DISTRICTs; IRRIGATION DISTRICTS; MUNICIPAL CORPORATIONS: PARISHES; POLITICAL CORPORATIONS; POLITICAL SUBDIVISIONS; ROAD DISTRICTS; SEWER- AGE DISTRICTS. authorized to incur debt and issue bonds. . . . . . . . . . . . . . . . III 312, 364 donations and conveyances by, to United States permitted II 362 incurring of debt, issuing of bonds and levying of taxes by, for certain purposes authorized. . . . . . . . . . . . . . . II 236, 362 navigation and river improvement districts are . . . . . . . . . . III 392 port districts, harbor districts and terminal districts are political . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392,393,668 SUBJECT, revision of codification of laws on same subject, single statute permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 168, 168 SUBPOENAS, absolute right to service and return. . . . . . . . . . . . . . . . . . . . . II 19, 19 municipal fire and police civil service board, issuance. . . . . . III 565 SUBSTITUTIONS, See FIDEI COMMISSA TRUSTS. laws authorizing, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 SUCCESSSION, to office of governor, order of, upon disqualification. . . . . . . . II 467 order of, upon vacancy in office. . . . . . . . . . . . . . . . . . . . . . II 467 SUCCESSIONS, cases involving, district court to have exclusive original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 693 justices of peace without jurisdiction. . . . . . . . . . . . . . . . . . . . II 706 prohibition against local or special laws changing law of descent or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 rights of adopted children in. . . . . . . . . . . . . . . . . . . . . . . . . . . II 4.17 SUCCESSOR, to auditor, election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 to office of governor, governor ineligible to be own im- mediate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 450 SUFFRAGE, qualifications to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 20 SUFFRAGE AND ELECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . III 7, 7 See ELECTION. - SUITS, against state, authorization by legislature. . . . . . . . . . . . . . . II 172,174 effect of judgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172 method of procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 172 for removal of public officers, appeals. . . . . . . . . . . . . . . . . . . . III 117, 117 costs . . . . . . . . . . . . e e s e e s e e s • s e e s e e s e e s e e s • * * * * * * * * * * III 117, 117 to be given preference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 who may bring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 method of procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 174 effect of authorization of suit by legislature. . . . . . . . . . . . II 174 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1215 Vol. IV ndex tº ſº e tº º º: I Provisions of Present Constitution and Projet Volume Page” SULPHUR, tax on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 SUMMARY PROCEDURE, Supervisor of public accounts authorized to proceed against delinquent gasoline tax debtor. . . . . . . . . . . . . . . . . . . . II 296 to be brought by supervisor of public accounts to collect gasoline tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II . 309 SUMMONS, liquefied petroleum gas commission. . . . . . . . . . . . . . . . . . . . . . II 517 SUPERINTENDENT OF PUBLIC EDUCATION, appointment and removal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 425 SUPERINTENDENT OF PUBLIC INSTRUCTION, See STATE SUPERINTENDENT OF PUBLIC EDUCATION. not required to be resident of district, municipality or ward III 57 excepted from removal provision. . . . . . . . . . . . . . . . . . . . . . III 57 SUPERINTENDENTS, parish and municipal school boards of education, need not be residents of the parishes. . . . . . . . . . . . . . . . . . . . . . III 458, 458 qualifications to be fixed by State Board of Education. . . . . III 458, 458 SUPERVISOR OF HOMESTEAD AND BIJILDING AND LOAN ASSOCIATIONS, . . . . . . . . . . . . . . . . . . . . . . . . II 516 See STATE BANK COMMISSIONER. SUPERVISOR OF PUBLIC ACCOUNTS, See SUPERVISOR OF PUBLIC FUNDS. abolished . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 529 audits accounts of board of commissioners of the port of New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 647 audits expenses of legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 authorized to examine books and witnesses. . . . . . . . . . . . . . . . . . . . . . . . . II 309 institute legal proceedings to compel production of books by common carrier for his inspection. . . . . . . . . . . . . . II 307 proceed against delinquent gasoline tax debtors. . . . . . . . II 296 verify monthly reports on gasoline tax. . . . . . . . . . . . . . . . II 295 withhold expenses of collection from gasoline tax. . . . . . . . II 312 bond may be given to guarantee payment of gasoline tax. . II 296 cost of examination of books of taxpayer to be collected by II 312 cost of examination, taxation against delinquent. . . . . . . . . . II 312 department of finance, transfer of certain powers of super- visor to department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 529 form of receipt to be issued for gasoline tax. . . . . . . . . . . . . . II 312 gasoline tax delinquencies, collection and remittance of cost II 312 monthly reports to be filed with, for gasoline tax. . . . . . . . II 295 monthly settlements to be made with state treasurer on gasoline tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 payment of gasoline tax to be made to. . . . . . . . . . . . . . . . . . II 296 powers and duties in general. . . . . . . . . . . . . . . . . . . . . . . . . . II 529 duty to bring suit to collect gasoline tax. . . . . . . . . . . . . . II 309 duty to collect all taxes due under Article 6A of the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 311 duty to examine books and compute gasoline tax due when no report filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 311 duty to make additional assessment on gasoline tax and notify debtor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 309 receipts for payment of gasoline tax, issuance. . . . . . . . . . . . II 312 reports of sales of casinghead and absorption gasoline re- quired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 292 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1216 Vol. IV Provisions of Present Constitution and Projet º Volume Page” required to give bond in favor of governor. . . . . . . . . . . . . . II 311 to certify persons failing to appear and testify to district court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 309 SUPERVISOR OF PUBLIC FUNDS, created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 530 duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 state printing board to furnish supplies, etc. . . . . . . . . . . . . . . II 530 SUPERVISORS, board of, Louisiana State University and Agricultural and Mechanical College, provisions relating to. . . . . . . . . . III 426,429 SUPERVISORY POWERS, Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 616 SUPPLIES, for state, how purchased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 122 SUPREME COURT, annual session to be in city of New Orleans. . . . . . . . . . . . . II 638, 638 duration and time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 638, 638 appeal in cases involving homestead exemptions, to be direct, exception where only movable property. . . . . . II 628 appeals in cases involving removal of state and district officers to lie with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 appeals to, from proceedings originating in domestic rela- tions courts, except criminal proceedings, to be on law and facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 637 appellate jurisdiction, cases involving homestead exemp- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 628, 628 when only movable property, appeal to court having jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 628, 628 civil and probate cases, appeal to be both upon law and facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 637, 637 civil suits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619, 624 amount in dispute determining jurisdiction. . . . . . . . . . II 619, 624 for damages for physical injuries, where inapplicable II 619, 624 for death of a person, where inapplicable. . . . . . . . . . . II 619, 624 constitutional questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 626, 626 constitutionality or legality of taxes. . . . . . . . . . . . . . . . II 626, 626 contesting orders of Public Service Commission. . . . . . . . II 626 criminal cases, provisions for. . . . . . . . . . . . . . . . . . . . . . . . . II 629, 629 appeal to be by questions of law. . . . . . . . . . . . . . . . . . . . II 629, 637 of person over age seventeen. . . . . . . . . . . . . . . . . . . . . . II 629, 629 damage suits, inapplicability in case under workmen’s compensation law or employer’s liability act. . . . . . . . II 619, 624 probate cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 637, 637 questions of fact affecting, original jurisdiction for the determination of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619, 619 suits for interdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 625, 625 suits involving curatorship of interdicts. . . . . . . . . . . . . . . . II 625, 625 suits involving legitimacy of children and matters of adoption and emancipation. . . . . . . . . . . . . . . . . . . . . . . II 625, 625 suits involving tutorship of minors. . . . . . . . . . . . . . . . . . . . II 625 suits wherein an ordinance or law declared unconstitu- tional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 626, 626 application for writ of certiorari to be made in certain time II 789 associate justices, number of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 590, 591 authority to call in any judge of courts of appeal or district courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 590, 591 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1217 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume SUPREME COURT, (continued) authority to call in two judges of courts of appeal to form third division when docket congested. . . . . . . . . . . . . . . II authority to interchange judges and clerks of first and Second city courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II authority to review cases certified to it by courts of appeal by writ of certiorari. . . . . . . . . . . . e e º e º e º e & e º e º º e e <> II limitation on power to direct writs of certiorari to courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II cases pending and not submitted for decision, effect of adoption of constitution upon. . . . . . . . . . . . . . . . . . . . . III certification of questions to, by courts of appeal. . . . . . . . . . II certiorari, power to issue writs. . . . . . . . . . . . . . . . . . . . . . . . II chief justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II assignment of justices to divisions. . . . . . . . . . . . . . . . . . . . II membership on impeachment court. . . . . . . . . . . . . . . . . . . . II succession to office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II civil cases, appeal, both upon law and facts. . . . . . . . . . . . . . II clerks, power to appoint and remove. . . . . . . . . . . . . . . . . . . . II composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II conclusions to be reached in consultation. . . . . . . . . . . . . . . . II concurrence of five necessary for judgment when sitting en banc with two judges from courts of appeal. . . . II concurrence of four necessary to render judgment when sitting en banc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II constitutional questions, jurisdiction. . . . . . . . . . . . . . . . . . . . . II consultation before writing opinion. . . . . . . . . . . . . . . . . . . . . . II continuance in existence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III courts of appeal certifying questions. . . . . . . . . . . . . . . . e - © tº II criminal cases, appellate jurisdiction. . . . . . . . . . . . . . . . . . . . II decisions to be reported. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II interchange of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II disbarment of attorneys, exclusive original jurisdiction in II districts created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II number, parishes comprising district. . . . . . . . . . . . . . . . . . II divorce action, appellate jurisdiction. . . . . . . . . . . . . . . . . . . . . II each justice may employ stenographer. . . . . . . . . . . . . . . . . . II election of judges, when held. . . . . . . . . . . . º e º & © e º e g c e s & © tº II exclusive original jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . II expiration of terms of office of judges. . . . . . . . . . . . . . . . . . . . II four to concur to render judgments. . . . . . . & e º e º ºs e º te e s - e. e. e II habeas corpus, writ of, power to issue. . . . . . . . . . . . . . . . . . II homestead exemption, appellate jurisdiction. . . . . . . . . . . . . . II how composed. . . . . . . . . . . . . . . . . . © tº & C & © tº * > * > e º ſe e s s tº e & - - - II salary when sitting with Supreme Court or courts of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how removed. . . . . . . . . . . . . . . . . . . . . . . . . . ... • * * * * * * * * * * * * * * * III impeachment of governor, chief justice or associate justice presides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II III investigation of courts. . . . . . . . . . . . . . . . . e e o e º e e º 'º e º e e º & II issuance of writs, orders, and process, permitted. . . . . . . . . . II judge, term not to be changed during tenure. . . . . . . . . . . tº e º II territorial jurisdiction not to be changed during tenure II judges, incapacitated, provisions for retirement of . . . . . . . . II provision for examination by physician. . . . . . e e o 'º e o e º e e II removal from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 591 713 615, 617 789 745 616, 657 580, 580 590, 591 591 482 590, 592 637, 637 567, 567 590, 591 591 591 590, 591 626, 626 591 745, 747 656, 657 629, 629 567 570, 570 616, 616 598, 599 598, 599 625 567, 567 592 616, 616 592 590, 591 580, 580 628, 628 598, 599 789 113, 113 482, 483 110 570 580, 580 559, 559 559 583, 583 583, 583 113, 113 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1218 Vol. IV Provisions of Present Constitution and Projet E. Volume Page” vacancy in office, appointment from names nominated by non-political commission . . . . . . . . . . . . . . . . . . . . . . . . . II 770 written request for removal of judges of Supreme Court i- by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 113 judges of courts of appeal sitting with. . . . . . . . . . . . . . . . . . II 590, 591 judicial power vested in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553, 553 jurisdiction in general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 598, 616–637 original in instances involving removal of judges of iº courts of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114, 114 justices of Supreme Court to be elected from Supreme Court districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 590, 599 juvenile court appeals, jurisdiction over. . . . . . . . . . . . . . . . . . II 629, 637 Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 630, 637 legislative authorization to promulgate rules of pleading, practice, and procedure in all civil actions. . . . . . . . . . II 570 may assign three district judges to serve pro tempore in court of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570, 57.1 may create special section of court of appeals. . . . . . . . . . . . II 570 may sit in divisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 591 members to sit by rotation in the divisions. . . . . . . . . . . . . . II 591 number of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 590, 591 only one judge of courts of appeal to sit in division. . . . . . . . II 591 opinions, number required to concur in . . . . . . . . . . . . . . . . . . II 590, 591 original jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 616, 616, 619, 619 determination of questions of fact affecting appellate jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 619, 619 in disbarment of attorneys. . . . . . . . . . . . . . . . . . . . . . . . . . II 616, 616 in removal of judges of courts of record. . . . . . . . . . . . . . . . III 114, 114 power in aid of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 power of general supervision over inferior courts. . . . . . . . II 616, 616 power to assign district judges to other districts and to courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 570, 570 power to investigate business of inferior courts. . . . . . . . . . II 570, 570 power to require reports from inferior courts. . . . . . . . . . . . II 581 preference of appeals, rules of court to prescribe. . . . . . . . . . II 570, 57.1 probate cases, appeal upon both law and facts. . . . . . . . . . . . II 637, 637 publication of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567 qualification of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 590, 591 questions of fact affecting jurisdiction, determination. . . . . II 619, 619 record read by at least three justices. . . . . . . . . . . . . . . . . . . . II 591 regulation of judicial commission by . . . . . . . . . . . . . . . . . . . . II 770 rehearing to be decided by court en banc. . . . . . . . . . . . . . . . II 591 to be heard by different divisions. . . . . . . . . . . . . . . . . . . . . . II 591 removal from office of judges, method of . . . . . . . . . . . . . . . . . III 113, 113 removal of judges, causes for. . . . . . . . . . . . . . . . . . . . . . . . . . III 109, 109, 113, 113 removal of judges of courts of record, may make rules for trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 114, 114 reports, power to require from inferior courts. . . . . . . . . . . . II 570 retirement of judges, conditions. . . . . . . . . . . . . . . . . . . . . . . . II 583, 583 provisions for payment of salaries. . . . . . . . . . . . . . . . . . . . II 583, 583 retirement pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 583, 583 review of issuance of writ of habeas corpus. . . . . . . . . . . . . . II 580, 580 right to appeal to, in cases involving the denial to register to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 50, 50 right to appoint clerks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 567, 567 right to issue writ of certiorari. . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 writ of habeas corpus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 writ of mandamus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580, 580 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1219 Vol. IV n X º º º e sº º Provisions of Present Constitution and Projet Volume SUPREME COURT, (continued) Writ of prohibition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II writ of quo warranto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right to select and remove personnel. . . . . . . . . . . . . . . . . . . . II salary of court of appeal judge while serving on. . . . . . . . . . II salary of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II senior associate justice, membership on impeachment court II separation from bed and board actions, appellate juris- diction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II sessions of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II succession to office of chief justice. . . . . . . . . . . . . . . . . . . . . . II suit to remove judge, to be instituted by attorney general III Supervisory jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II term of office of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fe II three justices to constitute quorum when sitting in divisions II to be court of record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to fix order of preference for trial of appeals. . . . . . . . . . . . II two justices required to read each record. . . . . . . . . . . . . . . . II two justices to be elected from first Supreme Court district II to make general rules and regulations to promote prompt and effective administration of justice. . . . . . . . . . . . II unable to concur, calling in judge to sit in case. . . . . . . . . . II vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II vacancy in office of chief justice, succession to. . . . . . . . . . . . II what justice to preside when sitting in divisions. . . . . . . . . . II writs in general, power to issue. . . . . . . . . . . . . . . . . . . . . . . . II SUPREME COURT DISTRICT COMMISSION, function and composition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SUPREME COURT DISTRICTS, created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II how composed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II justices of Supreme Court to be elected from . . . . . . . . . . . . . II SUPREME COURT LIBRARY, legislature to provide for . . . . . . . . . . . . e º e e º e s e e s tº e º e º e º e a II SUPREME EXECUTIVE POWER, vested in governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SURETIES, all persons shall be bailable by sufficient, exceptions. . . . . . II prohibition against local or special laws relieving sureties of assessors and tax collectors. . . . . . . . . . . . . . . . . . . . . . . . II SUPPRESS INSURRECTION, indebtedness to, three-fourths affirmative vote of legislature not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SURVEY MAPS, See TAXATION. SURVEYS, furnishing, to aid in the assessment of real property. . . . . . III SURVIVING SPOUSE, limitation of taxes on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III SUSPENSION, See REMOVAL FROM OFFICE. of governor, during pendency of impeachment charges. . . . II of laws, power vested in legislature. . . . . . . . . . . . . . . . . . . . . II of public officers, provisional, filling of vacancy created in trial for removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 580, 580 580, 580 567, 567 789 591 482 625 638, 638 590, 592 113, 113 616, 616 590, 592, 774 591 557 57.1 591 598, 599 570 591 592 590 592 580, 580 770 598, 599 598, 599 598, 599 790 450, 450 22, 22 387, 388 343 202 189, 190 482 181, 181 117 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section Con- taining the reference. 1220 Vol. IV Provisions of Present Constitution and Projet A.” Volume Page” by trial court in cases involving removal from office permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 117 by trial court subject to review by appellate court. . . . . . III 117 impeachment proceedings to cause. . . . . . . . . . . . . . . . . . . . III 110, 110 no suit for removal shall work a suspension, exceptions. . III 117 of vested power of taxation in legislature, prohibited: . . . . . III 135 public officer to continue duties until successor is inducted, ... inapplicable in cases of . . . . . . . . . . . . . . . . . . . . . . . . . . III 93, 93 writ of habeas corpus, requirements of . . . . . . . . . . . . . . . . . . II 26, 26 SUSPENSION OF FISCAL AGENTS, when in arrears. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 118, 119 SWAMP LANDS, See DRAINAGE DISTRICTS. drainage districts, power to create. . . . . . . . . . . . . . . . . . . . . . III 410 legislation concerning drainage, power to enact. . . . . . . . . . III 410 SWIMMING POOLS, Orleans levee board, empowered to establish. . . . . . . . . . . . . . III 614 SYSTEM OF LAWS, adoption by general reference prohibited. . . . . . . . . . . . . . . . II 169, 169 how enacted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 169, 169 SYSTEM OF LEVEES, legislature to provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 601, 601 SYSTEM, RETIREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 369 See RETIREMENT SYSTEMS. T TAX, See OCCUPATIONAL LICENSE TAX. TAX ANTICIPATION WARRANTS, See NEW ORLEANS; TAXATION. TAX ASSESSOR, election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320, 320 for each parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320, 320 term of office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320, 320 TAX COLLECTORS, district taxes, collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 duty to collect ad valorem parish school tax. . . . . . . . . . . . . . III 464 duty to furnish certain statement to parish school board annually . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 employees and deputies of, excepted from classified civil service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 579 failure to account, barred from holding public office. . . . . . III 47 fees to go to state treasury. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 how state tax collector for the city of New Orleans elected III 353 how expenses paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 local taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 not eligible for legislature or public office until discharge obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 47 prohibition against local or special laws for relief of, from official duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 388, 388 provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 353 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1221 Vol. IV Index Part I Provisions of Present Constitution and Projet TAX COMMISSION, See LOUISIANA TAX COMMISSION. membership and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAX CREDIT, See FEDERAL TAX CREDITS. TAX DEBTOR, dispossession of forfeited immovable property for non- payment of taxes, when not completed by certain date, presumed null. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TAX EXEMPTIONS, agricultural fair association, property belonging and used W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . art, used for nonprofit public exhibition. . . . . . . . . . . . . . . . . . athletic and physical culture societies. . . . . . . . . . . . . . . . . . books, used for nonprofit public exhibition. . . . . . . . . . . . . . burial places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cattle, livestock, animals and poultry. . . . . . . . . . . . . . . . . . . cemeteries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . charitable undertakings, property devoted to . . . . . . . . . . . . . colleges, nonprofit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . debts due for merchandise, articles of commerce, or services enumeration of exempted property. . . . . . . . . . . . . . . . . . . . . . fºrment, agricultural, to value of five thousand dollars. OmeS • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . homestead associations, loans of . . . . . . . . . . . . . . . . . . . . . . . . not to exceed amount in Property Tax Relief Fund. . . . . homesteads to value of two thousand dollars. . . . . . . . . . . . household goods, furnishings, and effects. . . . . . . . . . . . . . . . industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * legal reserve of life insurance companies. . . . . . . . . . . . . . . . livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . loans by life insurance companies. . . . . . . . . . . . . . . . . . . . . . . loans secured by mortgage or pledge of property located in state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . military organization, property of . . . . . . . . . . . . . . . . . . . . . . money on hand or on deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . obligations of state or political corporations. . . . . . . . . . . . . painting, used for nonprofit public exhibition. . . . . . . . . . . . pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . philosophical and scientific appartus, used for nonprofit public exhibition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . public property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rectories and parsonages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . religious worship, places of . . . . . . . . . . . . . . . . . . . . . . . . . . . . residences of ministers, rectories and parsonages used as.. restrictions upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . schools, nonprofit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ships, oceangoing tugs, towboats and barges. . . . . . . . . . . . statues, used for nonprofit public exhibition. . . . . . . . . . . . . . tax exempt property not to be voted. . . . . . . . . - - - - - - - - - - - TAX LEVIES, limitation on municipal levies. . . . . . . . . . . . . . . . . . . . . . . . . . Municipal Employees’ Retirement Fund. . . . . . . . . . . . . . . . . police department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Volume III III III III III III III III III III III II III III III III III III III III III III III III III III III III III III III III III III III III III III III Page” 140, 141 204 175, 175 172, 172 174 172, 172 167, 167 177, 177 167, 167 168, 168 170, 170 179, 179 388 164, 164 176, 176 231 216 185, 186 185, 186 182, 182 217, 232 180, 180 177, 177 179, 179 178, 178 172, 172 178, 178 181, 181 180, 180 172,173 217 172,173 164, 164 165, 165 165, 165 165 145, 145 170, 170 185, 185 172 311 371 3.71 3.71 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1222 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” TAX RELIEF FUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 185, 186 See PROPERTY TAX RELIEF FUND. TAX SALES, advertisement of property for sale. . . . . . . . . . . . . . . . . . . . . . III 200 annulment, prescriptive period . . . . . . . . . . . . . . . . . . . . . . . . III 200 application of provisions concerning. . . . . . . . . . . . . . . . . . . . III 200 deeds prima facie evidence of validity. . . . . . . . . . . . . . . . . . III 200 failure of debtor to point out property, selection and sale by tax collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 incorporeal rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 judgments annulling, conditions precedent to becoming effective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 method of conducting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 movable property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 notice of delinquency, sale of property. . . . . . . . . . . . . . . . . . III 200 personal property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 proceedings to annul, prescriptive period. . . . . . . . . . . . . © e e III 200 right of debtor to point out property to be sold. . . . . . . . . . III 200 right of redemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 sale of property, procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 Summary rule to compel delivery of property. . . . . . . . . . . . III 200 TAXATION, See ASSESSORS; BONDS; DEBTS; GASOLINE TAX; PUBLIC LANDs; STATE BOND AND INTEREST TAx FUND; TAx COLLECTORS; TAX SALE; TAXES. acreage tax in certain subdivisions. . . . . . . . . . . . . . . . . . . . . III 375, 388 additional taxes cannot be levied on land, etc., by reason of resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 appeals questioning constitutionality of laws, jurisdiction of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 626, 626 application of constitutional provisions concerning. . . . . . . III 202 assessment of property for more than cash value prohibited III 135, 135 assessment rolls for gravity drainage districts and gravity sub-drainage districts . . . . . . . . . . . . . . . . . . . . . . . . . . . III 389 authority to exempt new manufacturing establishments... III 217 banks, domiciled out of and doing business in state. . . . . . . II 313 basis of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 benefit tax, road district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 362 bridge over Mississippi River at or near New Orleans exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . IV 354 building in Vieux Carre can be exempt from . . . . . . . . . . . . III 325 Caernarvon Break, tax levy, reparation claims. . . . . . . . . . . III 680 Caddo Parish police jury, right to levy an additional tax. III 270 certain rights granted railroad companies by city of New Orleans, exempt from . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 certain special tax in New Orleans ratified. . . . . . . . . . . . . . IV 328 city of New Orleans required to levy certain special taxes IV 349 railroad passenger stations and facilities exempt from. IV 360 right to levy special tax for zoological garden. . . . . . . . . . # i. º to levy tax for certain bonds. . . . . . . . . . . . . . . . . . . . . . . . . IV 347 to levy tax to pay certain bonds. . . . . . . . . . . . . . . . . . . . . . IV 343 city of Shreveport required to levy certain special taxes. . III 353 collection of taxes, enforcing payment. . . . . . . . . . . . . . . . . . III 200 Confederate veterans and widows. . . . . . . . . . . . . . . . . . . . . . . II 321 confiscated property reverting to heirs, release of taxes... II 383 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1223 Vol. IV Index Part I TAXATION, (continued) constitutionality of tax law involved, jurisdiction of Su- preme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . contracting away of power prohibited. . . . . . . . . . . . . . . . . . deeds by tax collector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . prima facie evidence of validity. . . . . . . . . . . . . . . . . . . . . . delegation of power by legislature prohibited. . . . . . . . . . . . district taxes, collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . district tax for levee purposes. . . . . . . . . . . . . . . . . . . . . . . . . limitation of amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dwelling house exemption, cities over 40,000 time limit. . . . exemptions, bonds of Jefferson Parish public improvement districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . exemptions from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for public schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for special school maintenance, right to vote reserved to people . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . forest severance tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . forfeiture and adjudication of immovable property prior to January 1, 1880 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . forfeiture of property for nonpayment prohibited. . . . . . . . garbage districts may levy taxes. . . . . . . . . . . . . . . . . . . . . . . gravity drainage districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . homesteads subject to lien of taxes. . . . . . . . . . . . . . . . . . . . how city taxes collected in New Orleans. . . . . . . . . . . . . . . . hydro-electric power plants, partial exemption. . . . . . . . . . . . income tax provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inheritance taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . authorized and limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . donations to charitable, religious or educational institu- tions exempted from . . . . . . . . . . . . . . . . . . . . . . . . . . . . limitation on right to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . in municipalities, to be uniform as to classes or subject. . irrigation, navigation and hydro-electric power companies lease of lands adjudicated to state. . . . . . . . . . . . . . . . . . . . . . legality of tax involved, jurisdiction of Supreme Court. . . legislature may authorize parishes, wards and municipal- ities to vote special taxes in favor of certain public utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . legislature may provide for collection of local taxes. . . . . . legislature vested with taxing power, surrender prohibited levees, state tax for maintenance and repairs. . . . . . . . . . . . levied for parish school fund. . . . . . . . . . . . . . . . . . . . . . . . . . . levy of taxes by state and its agencies, political corpora- tions and subdivisions for certain purposes au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . levy on incorporeal rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . license taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . banking institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . exceptions from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . limitations do not apply in liquor taxes. . . . . . . . . . . . . . on vehicles, parishes and municipalities prohibited from levying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . persons exempt from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . political subdivisions, right to levy. . . . . . . . . . . . . . . . . . . . right to levy in general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions of Present Constitution and Projet Volume II III III III III III III III III III III II III III III III III III II IV III III III III III III III III II II III III III III III II III II III III II III III III III III III III Page” 626, 626 135, 135 200 200 135, 135 270 601 601 231 398, 403 145, 160, 164, 164 315 464 215 204 200, 204 394 388 35 332 216 189, 190 189, 190 189, 190 189, 190 189,910 269 216 351 626, 626 277 270 135, 135 601 464 236, 362 200 313 189, 190 190 313 189, 190 189, 190 190 231 189, 190 190 135, 135, 190 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1224 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” lighting districts, right to levy tax. . . . . . . . . . . . . . . tº e º ſº e ºs III 369 limitations, exceptions to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 374 limitations not to apply to public improvements in certain CaSeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 467 listing of property on assessment rolls. . . . . . e o e s e e o e s e º 'º III 135 loans for payment of taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 local and special laws concerning, restriction on enactment II 387, 388 local assessments may be authorized. . . . . . . . . . . . . . . . . . . º III 276 local taxes, collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 270 manner of levying, assessing and collecting taxes of grav- ity drainage districts and gravity sub-drainage dis- tricts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 390 maximum and minimum millage for special ad valorem school taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 millage for public school fund to decrease in certain in- stance . . . . . . . . . . . . . . e e º e s e º e s e e s e e º e s e º e º e º e º 'º e III 464 motor vehicles, under certain conditions. . . . . . . . . . . . . . . . . III 181, 181 movables, how sales made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200 municipal corporations, power to levy taxes. . . . . . . . . & e g III 269, 269 limited by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269, 269 municipal taxation, additional tax, right of legislature to authorize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 collection of taxes . . . . . . . . . . e e e s e e s e e s e e s e e º e s e º e s e e III 270 limitation on amount of levy. . . . . . . . . . . . . . . . . . . . . . . . . II 3.71 special tax to refund bonds, consolidated municipalities. III 322 tax rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276, 350 municipalities, legislature may confer power on, for im- provements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 269,276 natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 313 allocation of severance tax, parishes. . . . . . . . . . . . . . . . . . II 313 dedicating tax on timber to forestry commission. . . . . . . . II 313 severance tax, right of state to levy. . . . . . . . . . . . . . . . . . II 313 navigation and river improvement districts may levy taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392 new industries, exemptions heretofore granted, limited. . . III 232 municipalities and parishes may exempt. . . . . . . . . . . . . . III 232 no reservation of mineral rights on redemption. . . . . . . . . . II 351, 351 notice of delinquency, sale of property. . . . . . . . . . . . . . . . . . III 200 occupation taxes, right to levy. . . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 parishes empowered to levy taxes. . . . . . . . . . . . . . . . . . . . . . III 269 parish school taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464, 468 parish tax assessor . . . . . . . . . . . . . . . . . . . . . . . e e º e º & e º ſº tº e III 320, 320 election, term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 320, 320 parish tax rate . . . . . . . . . . . . . . . . . . . . . . e is © & e s e º ºs e º e º 'º e e III 276 additional levy, right of legislature to authorize. . . . . . . . III 276 limitation on amount of levy. . . . . . . . . . . . . . . . . . . . . . . . . III 276 Orleans Parish excepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 276 parish taxes in cities of over 1,000. . . . . . . . . . . . . . . . . . . tº gº III 320 application of section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 limitation on levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 Orleans Parish excepted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 349 pensions for Confederate veterans and their widows. . . . . . II 321, 367, 367 political subdivisions, taxing power. . . . . . . . . . . . . . . . . . . . . III 4.67 legislative authority to levy tax for payment of bonds. . III 385 limitations on levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 4.67 power to compel levy of tax for payment of bonds. . . . . . III 385 purposes for which taxes may be levied. . . . . . . . . . . . . . tº e III 4.67 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1225 Vol. IV Index Part | Provisions of Present Constitution and Projet Volume TAXATION, (continued) port, harbor and terminal districts may levy taxes. . . . . . . III postponement of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III power of parochial and municipal corporations. . . . . . . . . . III power vested in legislature. . . . . . . . . . . . tº tº C º º & © º º & tº e º 'º e º III not to be contracted away. . . . . . . . . . . . . . . . . . . . . . . . . . . III prohibition against local or special laws exempting prop- erty from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II property exempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º ºs e g º e e III property forfeited to state for non-payment prior to 1880 III presumption concerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III three year period to enforce payment of unpaid taxes. . III provisions with regard to certain special taxes. . . . . . . . e e IV public boards, taxing power . . . . . . . . . . . . . . . . . . . . . . . . . . . III real estate, valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III real property assessments surveys and maps to aid assess- ment of real property. . . . . . . . . . . . . . . . . . . . . . . . . . . III redemption of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III refund of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III regulating collection of taxes shall apply to parishes, etc... III release of heirs to confiscated property from taxes au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II remedy for prompt recovery of illegal tax. . . . . . . . . . . . . . III restraining collection of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . III restraint of illegal collection of taxes. . . . . . . . . . . . . . . . . . . III road lighting systems, special tax for. . . . . . . . . . . . . . . . . . III rolling stock assessed by tax commission. . . . . . . . . . . . . . . . III Sabine Parish, additional taxes for revenue bonds. . . . . . . III sale of movables, absolute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III sales, how set aside. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Severance taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II allocation to forestry commission. . . . . . . . . . . . . . . . . . . . . II allocation to parishes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II forestry commission receives tax on timber. . . . . . . . . . . II OIl TeSOUII'CeS . . . . . . . . . . tº º º ſº º tº º tº º e º e º e º 'º e º e º 'º e º 'º º & © & II parishes, etc., may not levy. . . . . . . . . . . . . . . . . . . . . . . . . . II sewerage, water and drainage bonds, city of New Orleans IV sheriff, ex-officio tax collector. . . . . . . . . . . . . . . . . . . . . . . . . . II sheriff required to exhaust legal remedies. . . . . . . . . . . . . . II use of legal remedies to collect taxes required. . . . . . . . . II social welfare . . . . . . . . e e e º e e º a e s e e e º e s e º e o e e s e e s e o e s e e II special tax levied for sewerage, water and drainage, in New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV state annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III state tax rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III sulphur . . . . . . . . e e e e is e s tº e e s e s e e s e e s e e s e s a s is e º e o is e º e º e e II place of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SUllſ Vey Iſla OS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III suspension of power prohibited. . . . . . . . . . . . . . . . . . . . . . . . III tax anticipation certificates or warrants receivable in pay- ment of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV tax commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . III board of state affairs, name changed. . . . . . . . . . . . . . . . . III number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III salary of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III submission of assessment rolls to . . . . . . . . . . . . . . . . . . . . . III term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Page” 392, 668 200 269 135, 135 135, 135 387, 388 145, 164, 164 204 204 204 111, 332 269 135, 135 202 200, 200 202 202 383,383 202 202 202 369 145, 145 467 200 200 313 313 313 313 313 313 313 330, 341, 345 761, 761 761 761 324 329, 330 145 145 313 313 202 135, 135 332 140, 141 140, 141 141 140, 141 141 135 140, 141 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1226 Vol. IV Provisions of Present Constitution and Projet E.” Volume Page” tax liens, prescriptive period. . . . . . . . . . . . . . . . . . . . . . . . . . III 205 tax sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 200, 200 tax titles quieted, provided by law. . . . . . . . . . . . . . . . . . . . . . III 200 taxes to pay bonds of gravity drainage and gravity sub- drainage districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 389 uniformity required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135, 190 valuation of property at actual cash value. . . . . . . . . . . . . . III 135, 135 valuation of property for taxing purposes. . . . . . . . . . . . . . III 135, 135 vested power never to be surrendered, suspended or con- tracted away . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 TAXES, See TAXATION. ad valorem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 145 ad valorem school tax, certain municipalities exempt. . . . . III 464 how levied and collected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 collection, for public purposes only. . . . . . . . . . . . . . . . . . . . . III 135, 135 legislature to provide procedure. . . . . . . . . . . . . . . . . . . . . . III 200 collector of, sheriff to be ex officio. . . . . . . . . . . . . . . . . . . . . . II 761 constitutionality or legality of, Supreme Court to have - appellate jurisdiction in all cases. . . . . . . . . . . . . . . . II 626. deduction allowed on gasoline tax. . . . . . . . . . . . . . . . . . . . . . II 292 excise, may be classified, graduated, or progressive. . . . . . III 135 exemption on donations and legacies to charitable, religious, or educational institutions . . . . . . . . . . . . . . . . . . . . . . . III 189, 190 exemptions from 1¢ tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 312 explosives used in generation of motive power, legislature may impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 for constructing and maintaining levees. . . . . . . . . . . . . . . . . III 601 four cent gasoline tax to remain as long as bonds are outstanding . . . . . . . . . . . . . . e o e e o e º e e º e º 'º e º e º e º e e e II 526 gasoline, all gasoline and motor fuel in the state presumed to be subject to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 307 attachment allowed when delinquent. . . . . . . . . . . . . . . . . . II 296 benzine and other motor fuels. . . . . . . . . . . . . . . . . . . . . . . . II 239 dedicated to state boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 299 duplication of tax prohibited. . . . . . . . . . . . . . . . . . . . . . . . . II 307 for port and general highway fund. . . . . . . . . . . . . . . . . . . II 292 gasoline and motor fuel subject to attachment and sale to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 296 gasoline sold to jobber and exported not subject to tax. . II 307 in motor cars imported into state exempt. . . . . . . . . . . . . II 307 jobber may secure refund from dealer on exported. . . . II 307 proceeding against delinquent tax debtor authorized. . . . II 296 purpose of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 307 when delinquent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 296 heirs to confiscated property released from, at date of reversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 383,383 income taxes authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 189, 189, 190 legislature may authorize road districts to impose grad- uated benefit tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 362 levying, to be for public purposes only. . . . . . . . . . . . . . . . . . III 135, 135 local subdivision may adopt different percentage. . . . . . . . . III 135 Louisiana Tax Commission to fix value of taxable property in state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140 maximum and minimum millage for special ad valorem school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 464 mineral rights on property adjudicated to the state for, not reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 351 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1227 Vol. IV ndex tº º © e º: I Provisions of Present Constitution and Projet Volume TAXES, (continued) monthly settlement to be made by supervisor of public accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II municipal, legislature may limit source of . . . . . . . . . . . . . . . III legislature may provide or authorize classifications and graduations in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III legislature to fix maximum rate. . . . . . . . . . . . . . . . . . . . . . III shall be uniform as to classes or subjects. . . . . . . . . . . . . . III sheriff may be authorized to collect. . . . . . . . . . . . . . . . . . . II municipalities may levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III must be uniform. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III non-support of, forfeiture of property in cases of, pro-- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III one cent on gasoline, benzine, etc., paid into state treasury and dedicated to highways. . . . . . . . . . . . . . . . . . . . . . . II shall remain as long as bonds outstanding. . . . . . . . . . . . . II Orleans Parish school, how levied and collected. . . . . . . . . . III IV proceeds of, how used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III IV parish school board ad valorem, to be on 100% assessed valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III prohibition against local or special laws extending time for assessing or collecting. . . . . . . . . . . . . . . . . . . . . . . . II property exempt from taxation, enumerated. . . . . . . . . . . . III property shall not be assessed for more than actual value III reforestation, severance taxes . . . . . . . . . . . . . . . . . . . . . . . . . . III refund allowed when gasoline lost after tax paid. . . . . . . . . . II relief from taxes on homes, requirements for . . . . . . . . . . . . . III special, elections for imposition of, ballots may be cast as legislature may prescribe. . . . . . . . . . . . . . . . . . . . . . . . III on municipality consolidated, provisions relating thereto III time for collection of, special and local laws extending, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e o e e & II to be collected for public purposes only. . . . . . . . . . . . . . . . III to be uniform upon same class of subject. . . . . . . . . . . . . . . . III unpaid, legislature to provide for procedure for redemption from any sale of property for. . . . . . . . . . . . . . . . . . . . III prescription date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III valuation same for state and local. . . . . . . . . . . . . . . . . . . . . . III vehicular license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II when prescribed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III TAXPAYER, right to test correctness of assessment. . . . . . . . . . . . . . . . . . III request for removal of judges of courts of record by . . . . . III request for removal of judges of Supreme Court by . . . . . . III TEACHERS, legislature to provide retirement fund for . . . . . . . . . . . . . . II school, occupational license tax not to be levied against. . . III TEACHERS OF RELIGION, See MINISTERS OF RELIGION. TELEGRAM, majority consent of members of legislature on proposals of Board of Liquidation of State Debt, vote by.... II TELEGRAPH AND TELEPHONE COMPANIES, franking privileges to public officials prohibited. . . . . . . . . . III jurisdiction of public service commission over. . . . . . . . . . . II Page” 299 269, 269 269 269 269 761, 761 269, 269 135, 135, 190 200 240 240 468 327 468 327 464 387, 388 164, 164 135, 135 215 292 185, 186 76 324 387, 388 135, 135 205, 205 205 205, 205 135, 135 239 205, 205 135, 135 114, 114 113, 113 370 189, 190 212, 212 100 398 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1228 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” TEMPORARY LOANS, board of commissioners of the port of New Orleans. . . . . . III 647 TERMINAL DISTRICTS, See HARBOR AND TERMINAL DISTRICTS. are corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 are political subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 creation authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 may borrow money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 may collect tolls and fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 may issue bonds . . . . . . . . . . . . . . . . . . . . . . . . . . & e º 'º e º e º 'º C & © III 668 may lease their property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 may levy and collect taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 may own, construct and operate docks, wharves, sheds, elevators, warehouses, railroads, etc.. . . . . . . . . . . . . . III 668 TERMINALS, See NEW ORLEANS ; TERMINAL DISTRICTS. city of New Orleans authorized to acquire and operate. . . IV 354 TERMS OF OFFICE, See GOVERNOR; LEGISLATURE; LIEUTENANT GOVERNOR; OFFICES. Civil Service Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 executive and administrative offices not shortened by re- duction of number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 188 executive department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 date of commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 440, 440 governor, ineligible to be own immediate successor. . . . . . . . II 450, 451 judge serving on impeachment court continues to end of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 judges of courts of record, not to be changed during tenure II 559 legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 113, 113 vacancy within sixty days of expiration. . . . . . . . . . . . . . II 116 public officers, change in salary to become effective at end of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 341 Tax Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 140, 141 TERRITORIAL JURISDICTION, of courts of record, not to be changed during tenure of judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 559 of municipal courts, where judge permitted to practice law, requirement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 565 TEST, competitive civil service, as requirement for appointment and promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 non-competitive civil service, as requirement for permanent status upon adoption of constitution. . . . . . . . . . . . . . III 591 TESTIMONY, bribery trial, may not be used afterward against witness, except for perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 may not be withheld upon ground of self incrimination. II 22, 22 contested elections, may not be used afterward except for perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 criminal trials under election laws, may not be used after- ward against witness, except for perjury. . . . . . . . . . II 22, 22 for treason, requirements of . . . . . . . . . . . . . . . . . . . . . . . . . . . II 25, 25 procedings for investigations of election, may not be used afterward against witness, except for perjury. . . . II 22, 22 THINGS OF VALUE, See PROPERTY. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1229 Vol. IV | d e º º e º º Provisions of Present Constitution and Projet Volume THIRD DEGREE, use on accused prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II THREATS, use on accused prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II TICKETS, lottery, sale of, prohibited. . . . . . tº e º e e s ∈ º e o e º e s e s e e º 'º e º 'º II TITLE, to immovable property forfeited or adjudicated to state, for non-payment of taxes. . . . . . . . . . . . . . . . . . . . . . . . . III TITLE OF ACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II TITLE OF BILLS, shall be read . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to embrace one object with title indicative thereof. . . . . . II TITLES, and subtitles printed in constitution, not a part thereof... III TITLES OF LAWS, must indicate objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II revival or amendment by reference to, prohibited. . . . . . . . II where it need refer only to general purpose and scope. . . . II TOLLS, See FERRY SYSTEMs; HARBOR DISTRICTS; NEW ORLEANs; PORT DISTRICTs; TERMINAL DISTRICTs. constitutionality or legality of, Supreme Court to have appellate jurisdiction in all cases. . . . . . . . . . . . . . . . . II TOWBOATS, engaged in overseas trade and commerce, exempt from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III TOWNS, See MUNICIPALITEIS. incorporated, referred to as municipality in constitution.. III special and local law authorizing construction of trans- portation or communication in, prohibited. . . . . . . . . II legislature to provide for incorporation and government of III under special legislative charter, charter in existence may be changed by local or special laws. . . . . . . . . . . . . . III unincorporated, adoption of home rule charter, law per- mitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III TRACKS, See NEW ORLEANS ; RAILROADS; RAILWAYS. TRADE, tº prohibition against local or special laws regulating. . . . . . . II TRADING VOTES, tº sº tº a tº º members of legislature, prohibition against. . . . . . . . . . . . . . II TRAFFIC, port of New Orleans, regulation of, by Board of Com- missioners of Port of New Orleans. . . . . . . . . • e e º 'º e e III TRAFFIC COURT FOR NEW ORLEAN.S. . . . . . . . . . . . . . II TRAINED NURSES, © occupational license tax not to be levied against. . . . . . . . . III TRAINING, º of state personnel, civil service rules establishing, permitted III TRAINS, See RAILROADS. Page” 23, 23 409, 409 204, 204 168, 168 151, 152 168, 168 754 168, 168 165, 165 168, 168 626 185, 185 337 387 245 245 249 387, 388 121, 122 643 716 189, 190 585 s' * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section Con- taining the reference. 1230 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” TRANSITIONAL PROVISIONS, See SCHEDULE. TRANSPORTATION, See AVIATION; RAILROADs; RAILWAYS; SHIPS; WATER TRANSPORTATION LINES. construction of, in incorporated town or city, special and local laws authorizing, prohibited. . . . . . . . . . . . . . . . II 387 rights of way through public lands for, power of state to grant not to be denied by limition on use of state credit, funds, or property, Article IV, Section 11 (A) II 366 TRANSPORTATION COMPANIES, passes to public officials prohibited. . . . . . . . . . . . . . . . . . . . . III 100 TREASON, definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 25, 25 electors not privileged from arrest in cases of . . . . . . . . . . . III 81, 81 governor’s power of clemency prohibited in cases of . . . . . . II 463,463 how pardoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 462, 463,463 legislators not immune from arrest for . . . . . . . . . . . . . . . . . II 127, 128 power to pardon vested in legislature. . . . . . . . . . . . . . . . . . . II 182, 182 proof necessary for conviction of . . . . . . . . . . . . . . . . . . . . . . . . II 25, 25 reprieves in cases of, limitation on. . . . . . . . . . . . . . . . . . . . . II 462, 462 duration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 462, 462 TREATMENT, designed to compel confession of crime, prohibited. . . . . . . II 23, 23 TREASURER, STATE, See ExECUTIVE DEPARTMENT; STATE FINANCES; STATE TREASURER. age requirement for office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427 appointment and removal power. . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 appointment to fill vacancy, ratification by senate. . . . . . . . II 428 appropriation for clerical and other expenses. . . . . . . . . . . . II 444 assistants, power to appoint and remove. . . . . . . . . . . . . . . . II 446, 447 power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 446, 447 certification of surplus in State General Revenue Fund. . II 212, 212 collection of charges and revenues of Port of New Orleans, when permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 645 date term of office commences. . . . . . . . . . . . . . . . . . . . . . . . . . II 440 election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 427,428 tie vote, method of election by legislature. . . . . . . . . . . . II 442 executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 428,428 fees charged by, to be paid into State General Revenue Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 444 judicial commissions to certify expenses to. . . . . . . . . . . . . . II 770 money to be drawn from treasury only by appropriation made by law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 203, 203 permitted to succeed self. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 507 powers and duties, appointment and removal of assistant. II 446, 447 custody of all moneys, securties and funds. . . . . . . . . . . . II 493 disburse money as provided by law. . . . . . . . . . . . . . . . . . II 493 head department of finance. . . . . . . . . . . . . . . . . . . . . . . . . . . II 493 keep accounts and records of all moneys. . . . . . . . . . . . . . . II 493 maintain accurate, current, indexed record of bonds and funded debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 494 maintain record of all property of state. . . . . . . . . . . . . . II 494 make payments of principal and interest on bonds and obligations without legislative appropriation. . . . . . . III 207 manage investments of state. . . . . . . . . . . . . . . . . . . . . . . . . II 493 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1231 Vol. IV ndex tº º e º #: | Provisions of Present Constitution and Projet Volume TREASURER, STATE, (continued) membership on Board of Liquidation of the State Debt. II of assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II report quarterly to governor and auditor. . . . . . . . . . . . . II report to legislature at certain time. . . . . . . . . . . . . . . . . . II responsible for safekeeping of bonds and securities. ... II safekeeping of all moneys, securities and funds. . . . . . . . II shall receive directly or through designated state deposi- tories moneys, securities and funds. . . . . . . . . . . . . . . II to be investment agent of state. . . . . . . . . . . . . . . . . . . . . . . II to maintain single fund, State General Revenue Fund. . II qualifications for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II retirement of state bonds, responsibility of treasurer. . . . . II salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II other than fixed by legislature, prohibited. . . . . . . . . . . . II state citizenship, requirement of . . . . . . . . . . . . . . . . . . . . . . . II succeeding self in office permitted. . . . . . . . . . . . . . . . . . . . . . II term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II tie vote, selection by legislature. . . . . . . . . . . . . . . . . . . . . . . . II to make available funds for administration of judicial commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II to pay principal and interest on bonds as they fall due . . . . III to pay principal and interest on obligations as they fall due III TREASURY, See NEW ORLEANS: STATE TREASURY. all revenues to be deposited in. . . . . . . . . . . . . . . . . . . . . . . . . II appropriation from for private charitable purposes pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II appropriation required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II expenditure of money from . . . . . . . . . . . . . . . . . . . . . . . . . . . . II money for contingent fund prohibited. . . . . . . . . . . . . . . . . . II money to be drawn from only in pursuance of appropria- tion made by law. . . . . . . . . . . . . . . . . . . . . . . . . . . . e - e. II prohibition against appropriations from, for private, char- itable or benevolent purposes. . . . . . . . . . . . . . . . . . . . II prohibition against drawing money from, for religious purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II prohibition against local or special laws refunding monies legally paid into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II report of receipts and expenditures, publication. . . . . . . . . . II resrictions on drawing money from . . . . . . . . . . . . . . . . . . . . II TREES, city of New Orleans may issue certificates of indebtedness for tree planting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV TRIAL, accused entitled to make full defense. . . . . . . . . . . . . . . . . . . . II right to counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II right to speedy trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II causes triable without jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II changing of venue in civil and criminal cases, special and local laws affecting, prohibited. . . . . . . . . . . . . . . . . . . . II civil and criminal cases in domestic relations courts, by jury of eight where punishment may be at hard labor II by judges without jury where punishment not at hard labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II by jury of twelve where punishment at hard labor. . . . . . II by jury of twelve where punishment may be capital. . . . II Page” 212, 212 446, 447 493 493 493 493 493 493 220 427 493 444, 444 444 427, 428 507 427, 428 440 770 207 2O7 220 336, 336 203, 203 203, 203 208, 209 336, 336 336, 336 387, 388 203, 203 203, 203 335 19, 19 19, 19 19, 19 739, 740 387, 388 739 739, 740 739, 740 739, 740 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1232 Vol. IV Provisions of Present Constitution and Projet º: Volume Page” legislature to provide for selection and drawing of jurors for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 unanimous verdict required where punishment may be capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 contested elections, person may be compelled to testify. . . . II 22, 22 criminal by jury of less than twelve. . . . . . . . . . . . . . . . . . . . II 74.1 de novo and without jury, in district court appellate juris- diction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 702, 702 district court appellate jurisdiction, de novo and without jury sº e º e º e º e º º ºs º º & ſº tº º ºs º ºs e º 'º e º 'º e º e º 'º e º º is º ºs e º & © e II 702, 702 impeachment, place of, determined by impeachment court. , II 482 time of, determined by impeachment court. . . . . . . . . . . . . II 482 impeachment of governor, judges to serve as members of court until end of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 482 new, when prohibition against double jeopardy not applica- ble to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 number of peremptory challenges of jurors to be fixed by law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 21, 21 removal of judges of courts of record. . . . . . . . . . . . . . . . . . . . III 114, 114 right of accused to challenge jurors peremptorily. . . . . . . . II 21, 21 right of defendant to confront witnesses. . . . . . . . . . . . . . . . . II 19, 19 right to a speedy public trial. . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 Speedy public, right of accused to. . . . . . . . . . . . . . . . . . . . . . . II 19, 19 TRUCKS, See MOTOR VEHICLES. TRUST ESTATES, limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 restriction on creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 TRUSTEES, See FIDEI COMMISSA; SUBSTITUTIONS. created for restraint of trade in state prohibited. . . . . . . . II 40 laws authorizing, prohibited, with exceptions. . . . . . . . . . . º II 417 legislature may authorize, for education, charitable or re- ligious purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 for limited period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 417 trustees may invest funds in certain securities. . . . . . . . . . TV 343, 347 TRUTH, proceedings or prosecutions for libel, slander, or defama- tion, may be given in evidence. . . . . . . . . . . . . . . . . . . . II 9, 9 TUBERCULOSIS COMMISSION, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 TULANE UNIVERSITY OF LOUISIANA, president of, to nominate members to civil service com- mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 511 president appoints member of, removal commission for Board of Commissioners of the Port of New Orleans III 629 recognized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 488, 488 to be developed in accordance with law. . . . . . . . . . . . . . . . . . III 488, 488 TUTORS, See MINORS. TUTORSHIP OF MINORS, appellate jurisdiction of Supreme Court in suits involving II 625 TUNNELS, royalty road fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 227 TWICE IN JEOPARDY, See FORMER JEOPARY; JEOPARDY. * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the Section con- taining the reference. 1233 Vol. IV !." Provisions of Present Constitution and Projet Volume Page” U UNAUTHORIZED ACTS, prohibition against local or special laws legalizing. . . . . . II 387, 388 UNBAILABLE OFFENSE, capital offense where proof evident or presumption great, felonies, allowed in certain case pending appeal... II 24, 24 UNDERWRITE, of twenty-five percent of amount used for purchase, ex- pansion, improvement, or construction of agricul- cultural plant, not affected by limitation on use of state credit, funds, or property. . . . . . . . . . . . . . . . . . II 364 State Market Commission, permitted to. . . . . . . . . . . . . . . . . . II 364 UNEMPLOYMENT COMPENSATION . . . . . . . . . . . . . . . . . . II 374 UNIFORM ELECTION LAWS, requirement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 20 UNIFORM TAXATION, in municipalities, requirement of . . . . . . . . . . . . . . . . . . . . . . III 269 UNITED STATES, agreements between political corporations and United States when authorized. . . . . . . . . . . . . . . . . . . . . . . . . . III 331 census as basis for representation in house of represent- atives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 82, 82, 187 city of New Orleans authorized to accept financial assist- ance from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 360 donations and conveyances by the state and its agencies, political corporations and subdivisions to, permitted II 362,362 exemptions from paying gasoline tax. . . . . . . . . . . . . . . . . . . . II 312 holding both state and federal office prohibited. . . . . . . . . . III 92, 92 military service in, loss of voting residence while serving in, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 43, 44 presence in state not sufficient to gain voting residence. III 43, 44 Orleans levee district authorized to donate land for U. S. naval reserve training center. . . . . . . . . . . . . . . . . . . . III 616 state permitted to donate, convey any property to, when under authority of general or special statute. . . . . . II 362 UNITED STATES CITIZENSHIP, as a requirement to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 7, 7 UNITED STATES CONSTITUTION, oath or affirmation to support by public officers, prescribed III 91, 91 UNITED STATES CUSTOMS PORT OF ENTRY FOR PORT OF NEW ORLEANS, limits of territorial jurisdiction, port of New Orleans not - to be greater than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 636 UNITED STATES MARINE HOSPITAL NO. 188, inmates excepted from certain eligibility requirements when registering to vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 46 UNIVERSITIES, See EDUCATION ; EDUCATIONAL INSTITUTIONS; LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANI- CAL COLLEGE. state, except Louisiana State University, state board of control of state colleges to supervise. . . . . . . . . . . . . . . III 425 state, personnel excepted from classified civil service. . . . . . III 579 UNIVERSITY FUND, amount to be transferred to . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 460 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1234 Vol. IV Provisions of Present Constitution and Projet A.” Volume Page” UNREASONABLE SEARCH AND SEIZURE, See SEARCHES AND SEIZURES. UNUSUAL AND CRUEL PUNISHMENT PROHIBITED II 24, 24 USE FUEL TAX, legislative authority to levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 UTILITIES, See PUBLIC SERVICE COMMISSION ; PUBLIC UTILITIES. navigation and river improvement districts may cooperate financially with. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392 V VACANCIES, See OFFICES; PARTICULAR OFFICES. advice and consent of Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 auditor, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 496 changing residence, as cause for. . . . . . . . . . . . . . . . . . . . . . . . III 56, 57 civil service positions, methods of filling. . . . . . . . . . . . . . . . . III 524 election to fill, time to be held. . . . . . . . . . . . . . . . . . . . . . . . . . III 58, 59 governor's power to fill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 by appointment by governor when unexpired term less than one year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 59 how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 467, 478 in certain offices to be filled by special election when un- expired term exceeds one year. . . . . . . . . . . . . . . . . . . . III 59 in legislature, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 116, 116 office of governor, order of succession. . . . . . . . . . . . . . . . . . . . II 467 office of legislators caused by change of residence. . . . . . . . II 113 recess appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 478,478 VALUE, THINGS OF, See PROPERTY. VEHICULAR LICENSE TAX. . . . . . . . . . . . . . . . . . . . . . . . . . . II 239 VENDOR'S PRIVILEGE, homestead subject to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 35 VENUE, See COURTS. civil or criminal cases, special or local laws affecting, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 criminal cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 legislature may provide, for offenses committed within one hundred feet of parish boundary. . . . . . . . . . . . . . . . . . II 701 trial in place where offense committed. . . . . . . . . . . . . . . . . . II 19, 19 VERDICT, capital punishment cases, domestic relations courts, pro- Visions for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739 unanimous, of trial jury, in cases where punishment may be capital, requirement of . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 VESSEL, illegal operation of, prosecution for, to be in parish where registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 701 VESTED POWER, judicial, in courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 553, 553 of taxation in legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 135, 135 supreme executive power, in governor. . . . . . . . . . . . . . . . . . . II 450, 450 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1235 Vol. IV Index Part I Provisions of Present Constitution and Projet Volume Page” VESTED RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 See RIGHTS. prohibition against divestiture of . . . . . . . . . . . . . . . . . . . . . . . II 8, 8 VETERANS, bonus to, of World War II and certain of their dependents II 328 Confederate, power of legislature to provide for pensions for not limited by Article IV, Section 11 (A). . . . . . II 366 homestead exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 147 VETERINARY SURGEONS, legislature's power to regulate practice. . . . . . . . . . . . . . . . . . II 516 VETO, See GOVERNOR; LAWS; LEGISLATURE. governor's veto power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 154, 154, 157 items in appropriation bill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 157, 157 passage of bills over governor's veto. . . . . . . . . . . . . . . . . . . . II 154, 154 VIEUX CARRE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 boundaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 city of New Orleans authorized to acquire property in . . . . III 325 commission provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 how appointed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 how vacancies filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 membership of includes architects. . . . . . . . . . . . . . . . . . . . III 325 objects, purposes, duties and powers of . . . . . . . . . . . . . . . . III 325 plans for alterations of building in, to be submitted to III 325 plans for new buildings in, to be submitted to Commis- Sion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 qualifications of members of . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 terms of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 325 provisions for preserving appearance of . . . . . . . . . . . . . . . . III 325 VIEUX CARRE COMMISSION, See VIEUX CARRE. VILLAGES, See MUNICIPALITIES. incorporated, referred to as municipality in constitution... III 337 legislature to provide for incorporation and government of III 245 under special legislative charter, charter in existence may be changed by local or special laws. . . . . . . . . . . . . . . . III 245 VOLUNTARY CONFESSION, See CONFESSION. VOTING, See ELECTOR; LEGISLATIVE PROCEDURE; LEGISLATURE. ability to read and write as qualification. . . . . . . . . . . . . . . . III 7, 7, 20, 20 abrogation of right, civil service rules against political activity not to allow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 absence from state, retention of residence by voters. . . . . . III 43, 44 absentee, legislature may provide method for. . . . . . . . . . . . III 73, 73 age requirement for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 16, 16 by machine or otherwise prescribed by law. . . . . . . . . . . . . . III 76 by presiding officer of Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . II 489 changing place of, special and local laws affecting, pro- hibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 confinement in prison, as disfranchisement. . . . . . . . . . . . . . . III 45, 46 constitution, ability to read and interpret as qualification for voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 7, 20, 20 constitutional amendment, proclamation of governor to contain result of election. . . . . . . . . . . . . . . . . . . . . . . . III 707 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1236 Vol. IV Provisions of Present Constitution and Projet A. : Volume Page” conviction for crime, as disfranchisement. . . . . . . . . . . . . . . . III 45, 46 restoration of franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 45, 46 disfranchised persons prohibited from . . . . . . . . . . . . . . . . . . III 45, 46 disfranchisement, corrupt acts in connection with election III 46 establishment of identity before voting. . . . . . . . . . . . . . . . . . III 7, 20 for executive department officers, election by greatest num- ber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 442, 443 for final passage of bill in legislature. . . . . . . . . . . . . . . . . . . II 148, 148 form of application for registration. . . . . . . . . . . . . . . . . . . . III 7, 20 giving or offering for fee or reward in legislature, members subject to conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 121 good character and reputation as qualifications. . . . . . . . . . . III 7, 20 illegal, legislature to provide for punishment. . . . . . . . . . . . III 50, 50 in election to change to another plan of parochial govern- ment, majority required. . . . . . . . . . . . . . . . . . . . . . . . . III 295 legislative, for special session. . . . . . . . . . . . . . . . . . . . . . . . . . . II 74, 75 lieutenant governor in Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . II 489, 489 limitations on loss of residence for. . . . . . . . . . . . . . . . . . . . . . III 43, 44 on amendments to bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 143,144 on bills in legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 148, 148 on changing parish seat, two-thirds required. . . . . . . . . . . . . III 291 on constitutional amendments, time of election to be pre- Scribed by legislature. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707, 708 to be separate for each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 707 on proposals of Board of Liquidation of the State Debt, by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 212, 212 on report of committees of conference in legislature. . . . . . II 143, 143 persons in representative capacity, viva-voce. . . . . . . . . . . . III 76 persons prohibited from voting. . . . . . . . . . . . . . . . . . . . . . . . . III 45, 46 primary elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 63, 63 privilege from arrest, while. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 81, 81 prohibitions against, noted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III - 45, 46 prohibition against local and special laws changing place of II 387, 388 provisions regarding, to be uniform throughout state. . . . . . III 20 purging registration lists of names illegally on rolls. . . . . . III 50, 50 qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 12, 13, 16, 17, 20 municipal taxpayers’ elections. . . . . . . . . . . . . . . . . . . . . . . . III 97 registered voters, provisions not to apply to those registered at time of adoption of Constitution. . . . . . . . . . . . . . . . III 20 removing to another precinct in same parish, re-regis- tration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 41, 42 registration required. . . . . . . . • a e s e e º e s e º e º e e º e º e s e e º e o e III 17, 17 registration within thirty days before election prohibited III 9, 17 residence, loss and gain of, noted. . . . . . . . . . . . . . . . . . . . . . . . III 43, 44 residence requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 13, 13, 42 right to appeal when denied registration. . . . . . . . . . . . . . . . . III 50, 50 right to, shall not exist except under constitution. . . . . . . . . III 7 Secret ballot provided for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 suffrage and elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 7, 7, 76, 76 tie, candidates for executive office, method of election by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 442 transfer of registration from precinct to precinct. . . . . . . . III 9, 17, 41 votes to be counted publicly. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 VOTING MACHINES, electors of Caddo Parish may authorize use of and tax therefor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 467 legislature may provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 76, 76 voting by, or otherwise prescribed by law. . . . . . . . . . . . . . . . III 76, 76 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1237 Vol. IV Index e - * e Part | Provisions of Present Constitution and Projet Volume Page” W WAGES, See LABOR; SALARIES. establishment of minimum wages for women and girls. . . . II 394, 394 legislature's power to fix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 minimum, laws establishing, permitted. . . . . . . . . . . . . . . . . . II 394, 394 prohibition against laws fixing wages for manual labor, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 WAIVER, homestead exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 36 both spouses required to sign. . . . . . . . . . . . . . . . . . . . . . . . . II 36 general or special homestead waiver. . . . . . . . . . . . . . . . . . II 36 jury trial, criminal cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 739, 740 service of citation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563, 563 restriction on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 563, 563 WAR, See ARMY; TREASON. cases arising in militia in time of . . . . . . . . . . . . . . . . . . . . . . . II 19, 19 WAR RELICS, Memorial Hall, Civil War relics. . . . . . . . . . . . . . . . . . . . . . . . II 322 annual appropriation for maintenance of . . . . . . . . . . . . . . II 322 preservation and safekeeping required. . . . . . . . . . . . . . . . . . II 455 WARDS, authorized to issue certain bonds. . . . . . . . . . . . . . . . . . . . . . . . III 360 election by, Orleans Parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 industrial plants for processing farm and agricultural pro- ducts may be built by. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 360 lease and sale of agricultural industrial plants. . . . . . . . . . . III 360 legislature may authorize, to vote special taxes in aid of certain public utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . III 277 limitation on right to establish ward agricultural industrial plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 360 office holder changing residence, cases causing vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 56 officers, method of removal of . . . . . . . . . . . . . . . . . . . . . . . . . . III 116 of city of New Orleans, representation in house of repre- sentatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81, 82, 112 operation of agricultural industrial plants. . . . . . . . . . . . . . III 360 ward agricultural industrial boards authorized. . . . . . . . . . III 360 WAREHOUSES, See HARBOR DISTRICTS; PORT DISTRICTS; TERMINAL DIS- TRICTS. board of commissioners of port of New Orleans, power to construct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 653 WARRANTS, See SEARCHES AND SEIZURES; TAX ANTICIPATION WAR- RANTS. issued upon probable cause required for search and seizure II 15, 16 WASHINGTON-ST. TAMMANY CHARITY HOSPITAL, transferred to Board of Institutions. . . . . . . . . . . . . . . . . . . . II 531 WATER, See NAVIGABLE BODY OF WATER. WATER AND WATER COURSES, See LEVEES. Lake Charles Harbor and Terminal District, act ratified. . III 668 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1238 Vol. IV Provisions of Present Constitution and Projet º Volume Page” navigation and river improvement districts, creation au- thorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 392, 668 port districts, legislature empowered to authorize creation III 668 riparian, owners’ rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 municipalities in excess of 5,000 inhabitants. . . . . . . . . . . . III 609, 610 owners within limits of port of New Orleans. . . . . . . . . . III 609, 610 powers of levy board unimpaired. . . . . . . . . . . . . . . . . . . . . . III 609, 610 wharves, buildings and improvements, right to erect. . . . III 609, 610 terminal district, legislature empowered to authorize crea- tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 668 WATER-BASINS, e = * Board of Levee Commissioners of Orleans Levee District empowered to locate, construct, maintain. . . . . . . . . . III 611 WATER SUPPLY, Bayou Lafourche fresh water district. . . . . . . . . . . . . . . . . . III 411 WATER TRANSPORTATION LINES, legislature may authorize parishes, wards and municipali- ties to vote special taxes in aid of... . . . . . . . . . . . . . III 269,277 WATERCRAFT, city of New Orleans authorized to acquire and operate. . . . IV 354 motor fuel tax refund, commercial fishing boats and boats transporting school children. . . . . . . . . . . . . . . . . . . . . . II 239. public service commission, powers over. . . . . . . . . . . . . . . . . . II 398 WATERS, See NAVIGABLE WATERS. WATERWAYS, See NAVIGABLE WATERS; NAVIGATION. WATERWORKS, See SEWERAGE AND WATER BOARD OF THE CITY OF NEW ORLEANS. city of New Orleans may issue bonds for . . . . . . . . . . . . . . . . IV 341 jurisdiction of public service commission over. . . . . . . . . . . . II 398 legislature may authorize parishes, wards and municipali- ties to vote special taxes in aid of . . . . . . . . . . . . . . . . III 260, 277 rates, powers of public service commission. . . . . . . . . . . . . . . . II 398 special tax levied for waterworks in city of New Orleans IV 328 WATERWORKS DISTRICTS, authorized to incur debts and issue bonds. . . . . . . . . . . . . . . . III 312 bonds payable in annual installments. . . . . . . . . . . . . . . . . . . . III 385 issuance and sale of bonds, terms and conditions. . . . . . . . . . III 387 limitations and restrictions on indebtedness and bond issues III 375 maximum interest rate on bonds. . . . . . . . . . . . . . . . . . . . . . . . III 385 maximum period for which bonds issuable. . . . . . . . . . . . . . . . III 385 sub-waterworks district, right to issue bonds. . . . . . . . . . . . III 312 tax to pay bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312 power to compel levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 385 WAY, See RIGHTS-OF-WAY; SERVITUDES. WAYS OF NECESSITY, enactment of general laws to provide for granting of . . . . . . II 189 WEAPONS, carrying concealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 17, 17 WELFARE, system of economic security and social welfare, legislature not to be denied power to provide. . . . . . . . . . . . . . . . . . II 374 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1239 Vol. IV º Provisions of Present Constitution and Projet Volume Page” WEST BATON ROUGE PARISH, Greater Baton Rouge port commission. . . . . . . . . . . . . . . . . . III 663 WHARFINGER, PUBLIC, w Board of Commissioners of the port of New Orleans, sole public wharfinger in port of New Orleans. . . . . . . . . . III 643 WHARVES, See HARBOR DISTRICTS; NAVIGABLE WATERs; PORT DIS- TRICTs; TERMINAL DISTRICTs. administration of, rights of certain municipalities. . . . . . . . III 609, 610 construction by riparian owners, administration by munici- pality, expropriation of . . . . . . . . . . . . . . . . . . . . . . . . . . III 609, 610 WHITE CHILDREN, separate schools to be provided for. . . . . . . . . . . . . . . . . . . . . . III 419,419 WIDOWS, of Confederate veterans who reside in state, power of leg- islature to provide pensions for, not limited by Article IV, Section 11 (A). . . . . . . . . . . . . . . . . . . . . . . . II 366 WILDLIFE AND FISHERIES COMMISSION, action to be by vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 512 appointment and term of members. . . . . . . . . . . . . . . . . . . . . . II 512 assistant directors, appointment. . . . . . . . . . . . . . . . . . . . . . . . II 512 director, appointment, qualification, salary. . . . . . . . . . . . . . II 512 membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 512 per diem allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 512 powers of individual members restricted. . . . . . . . . . . . . . . . II 512 qualification of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 512 term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 512 vacancy, filling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 512 WILLS, informal or invalid, special and local laws giving effect to, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 prohibition against local or special laws curing informal- ity or invalidity of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 387, 388 WITNESSES, bribery charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 election laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 compelled testimony of, may not be afterward used, except for perjury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 criminal prosecution, self-incrimination prohibited. . . . . . . . II 22, 22 election contest cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 may not plead self-incrimination when called to testify in bribery trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 proceedings for investigations of elections, may be com- pelled to testify. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 public service commission, power to call. . . . . . . . . . . . . . . . . . II 398 right of accused to be confronted with. . . . . . . . . . . . . . . . . . II 19, 19 right of accused to compulsory process for. . . . . . . . . . . . . . . II 19, 19 self-incrimination, immunity. . . . . . . . . . . . . . . . . . . . . . . . . . . II 22, 22 WOMEN, minimum wages and regulation of hours of work, permitted II 394 regulation of Wages, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 394, 394 to be selected on jury only under certain conditions. . . . . . . . II 740 WOODS, See FOREST.S. WORK-TEST PERIOD, civil service rules establishing, permitted. . . . . . . . . . . . . . . . III 585 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1240 Vol. IV Provisions of Present Constitution and Projet º Volume Page” WORKING CONDITIONS, regulation of, for women and girls. . . . . . . . . . . . . . . . . . . . . . II 394, 394 WORKMEN'S COMPENSATION LAW, inapplicability of Supreme Court appellate jurisdiction in cases under. . . . . . . . . . . . . . . . . . . . . . . . . . . © º º e º e º e º º II 619 WORKS, See PUBLIC WORKS. WORLD WAR I VETERANS, preferences in appointments. . . . . . . . . . . . . . . . . . . . . . . . . & © 6 III 520 WORLD WAR II VETERANS, amount of bonus, determination. . . . . © e º & tº e º e º e º e o ſº tº º e º º II 328 child's or children's bonus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 328 homestead exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 147 maximum amount of bonus. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 328 preferences in appointments. . . . . . © C E e º e º 'º e º & © tº º tº e º ſº e º º º III 520 surviving parent's bonus. . . . . . . . . . . . . . . . . . . . . . . . . . . tº - e. II 328 tax levy for payment of bonus. . . . . . . . . . . . . . . . . . . . . . . . . . II 328 time for filing bonus claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 328 widow's bonus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 328 WORSHIP, See RELIGION. freedom of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 13, 13 no preference to be given, or discrimination made against any form of religious faith or . . . . . . . . . . . . . . . . . . . . II 13, 13 places of, exempt from taxation. . . . . . . . . . . . . . . . . . . . . . . . III 165,165 WRIT OF CERTIORARI, application for, must be made within certain time. . . . . . . . II 789 when granted as matter of right to review case of courts of appeal . . . . . . . . . . • e e s e e º 'o e e s a s e e e o e s s e º e e º e > * © e > II 789 when issued by Supreme Court to review cases of courts of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 617,789 WRIT OF HABEAS CORPUS, issuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 580 prohibition against Suspension of, exceptions. . . . . . . . . . . . II 26, 26 WRITE, - ability to, as a requirement to vote. . . . . . . . . . . . . . . . . . . . . . III 20, 20 Y YEAS AND NAYS, entry of, in journals of houses of legislature. . . . . . . . . . . . . . II 139, 143, 143, 148, 188 Z ZONES, airport, municipalities and parishes authorized to create. . III 324, 324 ZONING, airport ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e III 324, 324 Jefferson Parish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324 authorized to zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324 municipalities authorized to zone their territory. . . . . . . . . . III 324, 324 parishes and municipalities authorized to create airport districts, and zone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324, 324 provision authorizing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 324, 324 ZOOLOGICAL GARDEN, right of city of New Orleans to levy special tax for . . . . . . III 467 * Page numbers in bold type are Projet references; in standard type are references to the present constitution. Page numbers refer to the beginning page of the section con- taining the reference. 1241 INDEX PART II: GENERAL SUBJECT INDEX VoI. IV * Index General Subject Indea: Part II Volume Page A ABSENTEE REGISTRATION, See ELECTIONS, ABSENTEE VOTING, See WOTING. ACTS, pertaining to New Orleans, legal materials. . . . . . . . . . . . . . IV 525 ADJUTANT GENERAL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 843 ADMINISTRATION, DIVISION OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . I+ 844 ADMINISTRATIVE ORGANIZATION, administrative agencies, Missouri constitution, text of.... I 108, 113 Administrative Organization, special study. . . . . . . . . . . . . . I* 829 comparison with other states, comment. . . . . . . . . . . . . . . . . . II 430 constitutional and statutory elective administrative officials, ... comparison with other states, table. . . . . . . . . . . . . . . . II 432–433 constitutional, each of forty-eight states, special study. . . . I+ 800 Georgia constitution, chart. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 834 Louisiana Administration: Selection of Officers, Members of Agencies and Their Functions, special study. ... . I+. 837 Louisiana Administration Under the Projet, chart, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 831 Louisiana constitution, 1921, chart, special study. . . . . . . . . . I+ 832, 833 Louisiana constitution of 1921, history of . . . . . . . . . . . . . . . . I 475, 478 Missouri constitution, chart. . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 835 Model State Constitution, limitation on number of depart- ments, chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 830 New Jersey constitution, chart. . . . . . . . . . . . . . . . . . . . . . . . . . I+ 836 New Jersey constitution, complete text of . . . . . . . . . . . . . . . . I 217 Reorganization of Executive and Administrative Agencies, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 794 special studies, Administrative Organization. . . . . . . . . . . . . . . . . . . . . . . . . I* 829 Constitutional Administrative Offices and Agencies in Each of the Forty-Eight States. . . . . . . . . . . . . . . . . . . I+. 799 Louisiana Administration: Selection of Officers, Mem- bers of Agencies and Their Functions. . . . . . . . . . . . . . I+ 837 AD VALOREM PROPERTY TAX, See TAXATION; TAXES. ADVISORY BOARD, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+. 845 AGRICULTURE AND IMMIGRATION, history of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 431 Agriculture AND IMMIGRATION, DEPARTMENT Louisiana' Administration, special study. . . . . . . . . . . . . . . . I* 845 ALCOHOLIC BEVERAGE CONTROL, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . I+ 847 ALCOHOLISM, COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 847 AMENDING PROCESS, amendments, approval of, comparison with other states, COmment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 693 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 694 amendments, effective date of, comment. . . . . . . . . . . . . . . . . . III 719 Amendments to the Constitution of 1921, as of February, 1953, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1392 deletions from present constitution. . . . . . . . . . . . . . . . . . . . . . III 725 * See Vol. I, Part 2. Vol. IV Index Part || General Subject Indea: AMENDING PROCESS, (continued) history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . initiative, amendment by, size of petition, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initiative and Referendum in the Model State Constitution, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . . introduction of proposal at regular session, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . alternative provision considered, comment introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . . legislative votes required, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitations on the Number of Constitutional Amendments Proposed, special study. . . . . . . . . . . . . . . . . . . . . . . . . . other state provisions, special study Louisitº and number of amendments each constitution, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louisitº amendments proposed and adopted, 1922–1952, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . methods of, special study, legislature acting as convention commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Methods of Constitutional Revision, special study model state constitutional provisions, special study commentary, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . Modes of Amending Constitutions, special study number of amendments of 1921 constitution, as of Febru- ary, 1953, special study, by article and section, table. . . . . . . . . . . . . . . . . . . . . . . . . . summary, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . chronologically listed, table. . . . . . . . . . . . . . . . . . . . . . . . . . . number of amendments to state constitutions, table procedure for calling a convention, comparison with other states, table Projet for a constitution, Louisiana, text of proposed amendments affecting only part of state, vote on, alternative proposal considered, comment comparison with other states, comment Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . publication of proposed amendments, alternative proposals considered, comment comparison with other states, comment Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . recent constitutional provisions, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vote on constitutional amendments in Louisiana, 1944 and 1948, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1952, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AMENDMENTS, See AMENDING PROCESS. * See Vol. I, Part 2. e e º e º 'º tº º e º e º ſº tº tº º & tº tº • ‘º e º 'º e º e e s e º 'º º e e º ºs e - © e e º e g º & Volume III I+ I+ III III III III III III I* I+ III III I+ I+ I+ I+ I+ I+ I+ I+ I* I+ III III III III III III III III III III Page 291 335 350 366 380 417 495 508 694 1387 1390 691 692 692 687 693 694 1357 1369 702 717 1349 1351 1354 1347 1470 1471 1323 1393 1469 1459 694 694 77 719 717 719 706 705 706 198 717 139 225 714 716 1246 Vol. IV General Subject Indea: e.” Volume Page AMENDMENTS TO THE CONSTITUTION OF 1921, AS OF FEBRUARY 1953, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iº. 1392 ANACOCO-PRAIRIE STATE GAME AND FISH COM- MISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 848 ANATOMICAL BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 848 ANHYDROUS AMMONIA COMMISSSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 849 APPEAL, COURTS OF, See COURTS OF APPEAL; COURTS AND JUDICIARY. APPEALS, See COURTS AND JUDICIARY. APPELLATE JURISDICTION, See COURTS AND JUDICIARY; SPECIFIC COURTS. APPORTIONMENT, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 83 comparison with other states. . . . . . . . . . . . . . . . . . . . . . . . . . . II 93 comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . II 88–91 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 674 constituency per representative, present and Projet for- mula, equal proportions, table. . . . . . . . . . . . . . . . . . . . II 85 constitutional provisions, table. . . . . . . . . . . . . . . . . . . . . . . . . . II 88–91 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 281 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 305 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 342 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 355 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 374 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 388 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 452 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 475 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 502 Louisiana Apportionment, special study. . . . . . . . . . . . . . . . . . I* 684 present and Projet formula, table. . . . . . . . . . . . . . . . . . . . . . . II 84 special studies, Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 674 Louisiana Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 684 APPROPRIATIONS, See BOARD OF LIQUIDATION STATE DEBT. contingency, comparison with other states, comment. . . . . . II 209 general appropriation bill, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 207 property for levee and levee drainage purposes, comment. . III 607 special study, The Board of Liquidation of the State Debt. . . . . . . . . . . . I+ 1218 withdrawal of money from treasury, constitutional pro- visions for time limits upon availability of appro- - priations, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 205 comparison with other states, comment. . . . . . . . . . . . . . . . II 203 ARCHITECTURAL EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 850 AREA, and population, Louisiana parishes, table. . . . . . . . . . . . . . . II 690 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 289 ART COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 850 ASSESSOR, See TAX ASSESSOR. * See Vol. I, Part 2. 1247 Vol. IV ºn General Subject Indea: ASSESSMENTS, Volume Page See TAXATION. ATHLETIC COMMISSION, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 851 ATTORNEY GENERAL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 852 office of, comparison with other states, comment. . . . . . . . . . II 748 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 747 ATTORNEYS, Discipline and Disbarment of Members of the Bar, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1028 discipline, disbarment and suspension of, authority of Supreme Court in, comment. . . . . . . . . . . . . . . . . . . . . . II 617 AUDIT, annual audit, requirement of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 501 departments in charge of, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 501 pre audit, officers in charge of, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 503 pre audit System, considered, comment. . . . . . . . . . . . . . . . . . . II 501 post audit, model state constitutional provision, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1234 commentary, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1242 post audit, officers in charge of, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 501 AUDITOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 853 model state constitutional provision relative to, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1234 commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . . I+ 1243 officers or departments in charge of pre audit and post audit, comparison with other states, table. . . . . . . . . . II 503 selection and term of, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 498 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 499 B BANK COMMISSIONER, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 855 BARBER EXAMINERS, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+. 855 BATON ROUGE, city-parish consolidation, New Orleans Bureau of Govern- mental Research, comment. . . . . . . . . . . . . . . . . . . . . . . III 302 BAYOU BONNE IDEE GAME AND FISH COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 856 BEDDING ADVISORY BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 856 BIBLIOGRAPHY, articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 925 books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 883 municipal bond issuance and administration by New Or- leans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 321 BICAMERALISM, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 61 special study, vs. Unicameralism: The Missouri Study. . . . . . . . . . . . . . . I+ 657 advantages of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 666 evaluation of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 661 * See Vol. I, Part 2. Vol. IV General Subject Index pººl Volume Page historical background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 657 Nebraska's experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 670 BICAMERALISM V. UNICAMERALISM, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 657 BILL OF RIGHTS, comparison with other states. . . . . . . . . . . . . . . . . . . . . . . . . . . II 10, 15, 16, 18, 20, 25 deletions from present constitution. . . . . . . . . . . . . . . . . . . . . . II 35 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 294 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 299 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 340 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 353 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 3.71 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 386 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 473 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 499 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . . II 5 model state constitution provision, text of . . . . . . . . . . . . . . . i. ; commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 653 other proposals considered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 29 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . . I 7 recent constitutional provisions, text of, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 147 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 89 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 205 special studies Bill of Rights in the Model State Constitution. . . . . . . . I+ 651 Bill of Rights, Comparative Study. . . . . . . . . . . . . . . . . . . . I+ 637 special study, introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 637 BILL OF RIGHTS, COMPARATIVE STUDY, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 637 BILL OF #,G#N THE MODEL STATE CONSTITU- special study tº e º e º 'º ‘.................................... I+ 651 BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS, See LEVEES AND PORTS. BOARD OF LIQUIDATION, CITY DEBT, bonded debt, New Orleans, administered by, 1953. . . . . . . . IV 298 bonds authorized 1916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 301 composition and organization. . . . . . . . . . . . . . . . . . . . . . . . © tº IV 277 powers, duties, and functions. . . . . . . . . . . . . . . . . . . . . . . . . . IV 285 syndicate members who have served on. . . . . . . . . . . . . . . . IV 311 substantive questions concerning, elimination or retention in new constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 45 BOARD OF LIQUIDATION, STATE DEBT, amounts authorized by, 1908-1944, table, special study. . . . I+ 1221 comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 215 special study The Board of Liquidation of the State Debt. . . . . . . . . . . . I+ 1218 BOARDS, . See SPECIFIC SUBJECTS. BOILER INSPECTION EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 857 BOND AND TAX BOARD, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 857 BONDED INDEBTEDNESS, See DEBT. * See Vol. I, Part 2. 1249 Vol. IV Index Part || General Subject Indea: Wol P BONDS, OIUIIYle age authorized, New Orleans, 1916 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 301 1927 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 306 authorized, New Orleans, for purposes connected with Public Belt Railroad System. . . . . . . . . . . . . . . . . . . . . IV 307 issues to which property tax is dedicated, table. . . . . . . . . . III 156 Louisiana, constitutional state bond issues, 1953, special study, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1146 parish and district indebtedness, January 1, 1954, table. . . III 316 parishes, power to issue, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 314 reserves for retirement of, 1953, table. . . . . . . . . . . . . . . . . . II 349 special study, Louisiana Constitutional Bond Issues and Comparison with Six Other Southern States. . . . . . . I* 1144 BUDGET, annual audit, requirement of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 501 pre and post audit, department in charge of, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . II 501 BUDGET APPEALS COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 857 BUDGET COMMITTEE, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 858 BUDGET OFFICE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 858 BUILDING AUTHORITY, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 859 C CALENDAR OF ELECTIONS UNDER THE PRESENT CONSTITUTION, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1115 CAMP MOORE CONFEDERATE CEMETERY, BOARD OF COMMISSIONERS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 860 CATAHOULA LAKE GAME AND FISH COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 860 CENSORS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 860 CENTRAL LOUISIANA STATE HOSPITAL, BOARD OF ADMINISTRATORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 861 CERTIFIED PUBLIC ACCOUNTANTS OF LOUISIANA, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 861 CHARITY HOSPITAL OF LOUISIANA AT NEW OR- LEANS, BOARD OF ADMINISTRATORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 861 CHEMIST, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 862 CHIROPODISTS, BOARD OF EXAMINERS OF, Louisiana Administration, Special study. . . . . . . . . . . . . . . . . I+ 862 CIRCUITS, See COURTS OF APPEAL. CITIES, See MUNICIPALITIES. * See Vol. I, Part 2. 1250 Vol. IV General Subject Indea: e.” CITY CIVIL SERVICE, Volume Page See CIVIL SERVICE. CITY-COUNTY CONSOLIDATION, See LOCAL GOVERNMENT. CITY COURTS, CITY OF NEW ORLEANS, jurisdiction, under present constitution and projet, by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 CITY HOME RULE, See HOME RULE. CIVIL AND CRIMINAL COURTS, See COURTS AND JUDICIARY. CIVIL DEFENSE ADVISORY COUNCIL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 862 CIVIL DEFENSE AGENCY, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 863 CIVIL SERVICE, adoption of merit system, reasons for, explanation. . . . . . . . III 500 appointments, permanent, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 certification, comparison with other states, comment. . . . . . III 589 cities over 100,000, comparison with other states, comment III 574 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 575 commission, comparison with other states, comment. . . . . . III 572 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 572 commission, rule-making power of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 586 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 588 commissioners, appointment, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 574 commissioners, removal from office, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 576 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 576 competitive examinations, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 582 Constitutional Provisions for, other states, special study. . I+ 1307 creation of classified, by constitution, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 570 director, appointment, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 577 comparison with other states, comment. . . . . . . . . . . . . . . III 579 disciplinary action, comparison with other states, comment III 583 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 discrimination, comparison with other states, comment. . . . III 583 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 585 dismissal and appeal, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 583 Projet provision, comment. . . . . . . e e s e s e e º a s e º e º e º e º e s III 585 exceptions to classified service, comparison with other States, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 580 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 581 explanation of Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 500 Georgia constitution, complete text of . . . . . . . . . . . . . . . . . . . I 199 independent and non-partisan commissions and directors of personnel, reason for provision on, explanation. . . . III 504 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . III 499 model constitutional provisions, model state constitution, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1318 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1320 text of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 261 personnel agencies, state, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 57.1 present employees, status of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 592 * See Vol. I, Part 2. Vol. IV ºn General Subject Indea: CIVIL SERVICE, (continued) Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . . promotions, comparison with other states, comment. . . . . . recent constitutional provisions, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . self-operative article, reasons for, explanation. . . . . . . . . . . special studies, Constitutional Provisions for Civil Service. . . . . . . . . . . . Civil Service in the Model State Constitution. . . . . . . . . . summary of certain provisions of Projet article, explanation CIVIL SERVICE COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . CIVIL SERVICE IN THE MODEL STATE CONSTI- TUTION, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CLAIMS, against state, comparison with other states, table. . . . . . . . comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COLONY AND TRAINING SCHOOL, BOARD OF AD- MINISTRATORS OF STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . COMMERCE AND INDUSTRY, DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . COMMISSIONS, See SPECIFIC COMMISSIONS. COMMISSION TO DEVELOP FACTS AND FIGURES AND PROGRAM FOR REHABILITATION OF ALCOHOLICS, Louisiana Administration, special study. . . . . . . . . . . . . . . . . COMPARISON OF THE EXECUTIVE FUNCTIONS OF THE FORTY-EIGHT STATES, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONCORDANCE TABLES, history of Louisiana constitutions . . . . . . . . . . . . . . . . . . . . . . New Orleans studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . present constitution—Projet. . . . . . . . . . . . . . . . . . . . . . . . . . . . Projet—constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1952 amendments to present constitution by article. . . . . . . by year adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONFEDERATE MEMORIAL MEDICAL C E N T E R, BOARD OF DIRECTORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . CONFEDERATE VETERANS PENSIONS, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONSERVATION, commissioner, history of office. . . . . . . . . . . . . . . . . . . . . . . . . . CONSERVATION, DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . CONSTITUTIONAL AMENDMENTS, See AMENDING PROCESS. CONSTITUTIONAL ADMINISTRATIVE OFFICES AND AGENCIES IN EACH OF THE FORTY-EIGHT STATES, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONSTITUTIONAL AIJTHORIZATION FOR THE ES- TABLISHMENT OF SEPARATE CIVIL AND CRIMINAL COURTS: THIRTY-TWO STATES, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume III I III II II I+ I+. I+ I+ I R. IV I” II II I* I+ I+. Page 592 65 582 199 107 222 501 1307 1318 507 863 1318 176–177 175 864 865 865 779 509 495 959 945 978 979 865 368 434 866 799 1016 Vol. IV General Subject Indea: e. º Volume Page CONSTITUTIONAL CONVENTIONS, organization of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . I+ 559 recent, other states, chart, special study. . . . . . . . . . . . . . . . . I+ 633 CONSTITUTIONAL LIMITATIONS ON STATE INDEBT- EDNESS, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1129 CONSTITUTIONAL PROVISIONS FOR CIVIL SERVICE, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1307 CONSTITUTIONAL REVISION, See AMENDING PROCESS. CONSTITUTIONAL REVISION IN THE MODEL STATE CONSTITUTION, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1470 CONSTITUTIONS, See AMENDING PROCESS; SPECIFIC STATES. county officials provided in, with terms of office. . . . . . . . . . III 319 recent state constitutions, complete texts of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 147 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 89 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 205 COOPERATION, inter-governmental, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 3.31 CORONER, office of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 768 CORPORATIONS, under Louisiana constitutions of 1845. . . . . . . . . . . . . . . . . . I 333 of 1879. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 414 of 1921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 489 COSMETIC THERAPY, BOARD OF CONTROL OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 866 COURT, impeachment of executive, comparison with other states, comment . . . . . . . . . . . .... • * * * * * * * * * * * * * * * * * * * * * * * * * * II 487 COURT #95. COMMISSION IN CITY OF NEW OR- Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 867 COURTS, See COURTS AND JUDICIARY. COURTS AND JUDICIARY, See ATTORNEY GENERAL; SUPREME COURT; COURTS OF AP- PEAL; DISTRICT Courts; MUNICIPAL COURTS; JUVE- NILE COURTS; DOMESTIC RELATIONS COURTS. appeals to supreme court, by jurisdictional origin, 1952- 1953, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 609 from district courts, by districts, 1952–1953, table. . . . . . II 612 from district courts, distribution by judicial districts, 1945-1949, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 611 from district courts, distribution by parish, 1945-1949, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 613 appellate jurisdiction, courts of appeal, district courts, first and second city courts, New Orleans, justices of peace, juvenile courts, municipal courts, supreme court. . . . . . . . . . . II 620–623 attorneys, discipline and disbarment, special study. . . . . . . I+ 1028 suspension, discipline or disbarment, comment. . . . . . . . . . II 617 city courts, city of New Orleans, jurisdiction under present constitution and Projet, by type of case, table. . . . . . II 620–623 civil and criminal courts, district level, comparison with other states regarding separate, comment. . . . . . . . . II 682 * See Vol. I, Part 2. 1253 Vol. IV Index Part || General Swbject Indea: COURTS AND JUDICIARY, (continued) civil and criminal courts, special study, Constitutional Authorization for the Establishment of Separate Civil and Criminal Courts: Thirty-Two States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . unify, proposal to, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . classification of courts and terms of judges, table. . . . . . . . clerks and deputy clerks, salaries of, special study. . . . . . . . clerks and other personnel, selection and removal, comment contempt, power to punish, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . coroners, salaries of, special study. . . . . . . . . . . . . . . . . . . . . . court of record, definition, comment. . . . . . . . . . . . . . . . . . . . . courts of appeal, appeals from district courts, distribution by circuit and parish, table. . . . . . . . . . . . . . . . . . . . . . cases, volume and nature, 1940–1946, table. . . . . . . . . . . . . . circuits and districts, present, table. . . . . . . . . . . . . . . . . . Iſlap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iſlap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . circuits and districts, other proposals considered. . . . . . . . jurisdiction under present constitution and Projet by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . courts of last resort, comparison with other states, table. . Disciplºma Disbarment of Members of the Bar, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . district attorneys and assistant district attorneys, salaries of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . district courts, appeals to supreme court, distribution by judicial district, 1945-1949, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1952-1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . appeals to Supreme Court, distribution by parish, 1945- 1949, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aſ e appeals to Supreme Court, distribution by parish of origin, 1952-1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . districts, present, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iſlap - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Iſlap - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - judges, salaries, Special study. . . . . . . . . . . . . . . . . . . . . . . . domestic relations court, appeals to Supreme Court, comment. . . . . . . . . . . . . . . . . . comparison with other states, comment. . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . other proposals considered. . . . . . . . . . . . . . . . . . . . . . . . . . . . enumeration of courts, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . history under Louisiana constitutions, 18 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . judges, appellate and trial courts, qualifications of, com- parison with other states, table. . . . . . . . . . . ... . . . . ; * * judges, classification and terms of, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume I+ II II II II II II II II I+ II II II II I II Page 1016 683 556 998 569 561 1009 558 654 652 648 650 648 650 649 620–623 594 1028 1007 611 612 613 614 686 688 687 689 990 631 734 736–738 636 553 556 288 312 344 357 375 394 431 453 482 549 595 556 Vol. IV General Subject Indea: e.” Volume Page judges, district courts, deletion of provision for election by plurality, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . II 662 judges, number of, schedule provision concerning, comment III 749 judges, pensions, comparison with other states, table. . . . . . II 588–589 judges, recall of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 123 judges, retirement of, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 585 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 588–589 judges, salaries, special study. . . . . . . . . . . . . . . . . . . . . . . . . . I* 988 judges, selection of, comparison with other states, table. . . . II 785 California Plan, discussion of . . . . . . . . . . . . . . . . . . . . . . . . II 779 comparison of Missouri Plan with Projet Plan. . . . . . . . . . II 780 final selection of judges of all state courts, table. . . . . . II 785 Missouri Plan, trial period, comment. . . . . . . . . . . . . . . . . . II 784 Missouri Plan, discussion of . . . . . . . . . . . . . . . . . . . . . . . . . . II 778 model state constitution provision, commentary on, spe- cial study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1072 non-partisan method, Missouri constitution, text of . . . . . . I 117 questions involved in the selective system. . . . . . . . . . . . . . II 783 Spencer Report, special study. . . . . . . . . . . . . . . . . . . . . . . . I+. 1039 trial period plan, New Jersey provision, complete text of I 220 judges, supreme court, number, comparison with other states, table. . . . . . . . . . II 594 judges, vacancies in office, comparison of present and Projet provisions for filling, comment. . . . . . . . . . . . . . . . . . . . II 775 provisions for filling, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 777 judicial councils, Spencer Report, special study. . . . . . . . . . I+ 1061 judicial districts, factors considered in change, comment.. II 680 jurisdiction, courts of appeal, increased, comment. . . . . . . . II 659 district courts, parish of Orleans, comment. . . . . tº e º e e º e II 700 elimination of marital status suits from appellate juris- diction of Supreme Court, comment. . . . . . . . . . . . . . . II 625 origin of Supreme Court cases, 1952-1953, table. . . . . . . . II 609 prohibition against change in, comment. . . . . . . . . . . . . . . . II 561 Spencer Report, special study. . . . . . . . . . . . . . . . . . . . . . . . Iº. 1054 under present constitution and Projet, by type of case, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 justices of peace, abolished, comment. . . . . . . . . . . . . . . . . . . . II 565, 725 comparison with other states, comment. . . . . . . . . . . . . . . . II 721 jurisdiction, under present constitution and Projet, by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 number by parish, 1953, table. . . . . . . . . . . . . . . . . . . . . . . . II 722–724 salaries, special study. . . . . . . . . tº e º O & © e º 'º e º 'º e º e º 'º e e º 'º e p I+ 993 jurisdiction, transfer of cases, schedule provision, comment III 748 juvenile courts, judges salaries, special study. . . . . . . . . . . . I+ 997 jurisdiction under present constitution and under Projet by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 law clerks, court reporters and stenographers, salaries of, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1005 members of the bar, discipline and disbarment of, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1028 model state constitutional provisions, text of... . . . . . . . . . i. 250 1066 commentary, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1070 municipal courts, judges, salaries, special study. . . . . . . . . . I* 994 jurisdiction under present constitution and Projet by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 officers, parish of Orleans, comment. . . . . . . . . . . . . . . . . . . . . II 765 recent constitutional provisions, text of, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 168 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 113 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 218 * See Vol. I, Part 2. Vol. IV ºn General Subject Indea: COURTS AND JUDICIARY, (continued) recommendations of Louisiana Bar Association, Spencer Report, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . rule-making power, comparison with other states, comment evaluation, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Institute consideration of, comment. . . . . . . . . . . . . . . . . . New Jersey provision, comment. . . . . . . . . . . . . . . . . . . . . . . research and drafting, special study. . . . . . . . . . . . . . . . . . . Spencer Report, special study. . . . . . . . . . . . . . . . . . . . . . . . . The Rule-Making Power in the Courts, special study. . . . salaries, comparative study, special study. . . . . . . . . . . . . . . . deletion of provision fixing, comment. . . . . . . . . . . . . . . . . . judges of state courts, table, special study. . . . . . . . . . . . . . judicial, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . schedule provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . sheriffs, salaries, special study. . . . . . . . . . . . . . . . . . . . . . . . . . special studies, Constitutional Authorization for the Establishment of Separate Civil and Criminal Court: Thirty-Two States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discipline and Disbarment of Members of the Bar. . . . . . Judicial Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Judiciary in the Model State Constitution. . . . . . . . . . The Rule-Making Power in the Courts. . . . . . . . . . . . . . . . Spencer Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Spencer Report, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . Supreme Court, authority to suspend, discipline or disbar members of bar, comment. . . . . . . . . . . . . . . . . . . . . . . . jurisdiction, amount increased, comment. . . . . . . . . . . . . . number of cases, 1933-1946, table. . . . . . . . . . . . . . . . . . . . . . Supreme Court chief justice, selection and term of, com- parison with other states, table. . . . . . . . . . . . . . . . . . unified courts, New Jersey constitution provision, com- plete text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COURTS OF APPEAL, appeals from district courts, distribution by circuit and parish, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cases, volume and nature, 1940–1946, table. . . . . . . . . . . . . . . circuits, changes within, comment. . . . . . . . . . . . . . . . . . . . . . . circuits and districts, disparity in population, comment. . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . other proposals considered. . . . . . . . . . . . . . . . . . . . . . . . . . . . present, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iſlap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proposed, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e s e º e e s e s e º e º e º e º e º ºs e e e º e º e s a s & sº e e s e e s e s e & © s jurisdiction, increased, comment. . . . . . . . . . . . . . . . . . . . . . . . present constitution and under Projet, by type of case, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CRIMINAL AND CIVIL COURTS, See COURTS AND JUDICIARY. DEBT, Board of Liquidation of the State Debt, special study. . . . bonded, administered by board of liquidation, city debt, New Orleans, 1953. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bonded ºbtedness. summary of, Louisiana, June, 1953, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume I+ I+ I+ I+ I+ I+ I+. II II II II II II II II II II II II II II II II II I+ IV II Page 1035 575 987 574 576 982 1050 979 1010 597 1014 989 748 1002 1016 1028 989 1066 979 1035 1035 617 624 609 594 218 654 652 646 647 648 649 648 650 649 651 646 659 620–623 1218 298 346–348 VoI. IV General Subject Indea: e.” Volume Page bonded indebtedness, under 1921 constitution, schedule pro- vision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 752 bonds authorized, city of New Orleans, 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 301 1927 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 306 for purposes connected with public belt railroad system IV 307 borrowing power, location of effective, comparison with other states, table, special study. . . . . . . . . . . . . . . . . . I+ 1138 incurring of, Projet provision, comment. . . . . . . . . . . . . . . . . III 207 comparison with other states, comment. . . . . . . . . . . . . . . . III 208 indebtedness, limitations on, constitutional, effectiveness of, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1132 recommendations for, special study. . . . . . . . . . . . . . . . . . . . I+. 1135 comparison with other states, comment. . . . . . . . . . . . . . . II 345 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 1129 interstate comparisons of per capita state debt, 1952, table II 345 incurring of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 344 Louisiana Constitutional Bond Issues and Comparison With Six Other Southern States, special study. . . . . . . . . . I+ 1144 summary, table, Special study. . . . . . . . . . . . . . . . . . . . . . . . 1 * 1145 Louisiana, 1953, table, special study. . . . . . . . . . . . . . . . . . I+ 1146 New Orleans, history of dedications of one percent debt tax and two mill sewer and water tax, 1890-1950. . . . . . IV 313 parishes, bonded, January 1, 1954, table. . . . . . . . . . . . . . . . III 316 powers to incur debt and issue bonds, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 312 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 314 outstanding and long-term, issued and retired, comparison with other states, table, special study. . . . . . . . . . . . . . I* 1137 special study, Constitutional Limitations on State Indebtedness. . . . . . I+ 1129 Louisiana Constitutional Bond Issues and Comparison With Six Other Southern States. . . . . . . . . . . . . . . . . . I+ 1144 summary of state constitutional limitations on, table, spe- cial study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1138 DEDICATED REVENUES, bond issues to which property tax is dedicated, table. . . . . . III 156 comparison with other states, comment. . . . . . . . . . . . . . . . . . II 221 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 223 constitutional non-tax revenue dedications: all states, 1950, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1206 constitutional tax revenue dedications: all states, 1950, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1196 deletions from the present constitution. . . . . . . . . . . . . . . . . . II 225 education, L. S. U., 1940-1948, table. . . . . . . . . . . . . . . . . . . . III 480 history in Louisiana constitutions, first appearance in 1845 I 323 ill effects of, Minnesota study, special study. . . . . . . . . . . . . . I+ 1178 Louisiana state taxes, 1952-1953, mode of dedication, table II 222 Source of, table, Special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1190 model state constitutional provision, prohibiting, com- mentary, special study. . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1241 New Jersey single fund, special study. . . . . . . . . . . . . . . . . . I+ 1187 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 221 pros and cons, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1177 prohibition of, Georgia constitution, complete text of . . . . . . I 182 public education, advantages and disadvantages, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1298 comparison with other states, comment. . . . . . . . . . . . . . . . III 474 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1292 special or segregated funds, Oklahoma study, special study It 1183 special studies, Dedicated Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1175 Dedicated Revenues and Public Education. . . . . . . . . . . . . . I+ 1292 * See Vol. I, Part 2. Vol. IV ºn General Subject Indea: DEDICATED REVENUES AND PUBLIC EDUCATION, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DENTISTRY, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . DEPARTMENTS OF GOVERNMENT, See COURTS AND JUDICIARY; EXECUTIVE; LEGISLATURE. DISBARMENT, See ATTORNEYS. DISCIPLINE AND DISBARMENT OF MEMBERS OF THE BAR, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DISTRIBUTION OF POWERS, comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . . introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . DISTRICT ATTORNEYS, office of, comparison with other states, comment. . . . . . . . . . DISTRICT COURTS, See COURTS AND JUDICIARY. appeals to Supreme Court, distribution by judicial district, 1945-1949, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1952-1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . distribution by parish, 1945-1949, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1952-1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . judges, deletion of provision for election by plurality, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gº º e º & © tº e º 'º $ tº e º º 'º dº e º e º e º 'º e º e º e º º ºs º ºs e º e e º e g g e º e map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . jurisdiction, appeals from municipal courts, comment: . . . . . preºcºnstitutiºn and under Projet, by type of case, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . parish of Orleans, jurisdiction of, comment: . . . . . . . . . . . . . separate, civil and criminal, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DISTRICTS, See SPECIAL DISTRICT. bonded debt, parish and districts, table. . . . . . . . . . . . . . . . . . courts of appeal, present, table. . . . . . . . . . . . . . . . . . . . . . . . . . e e º e e º e e º & © 2 tº E tº e º O © e s is e s tº e º e s e e s e e º e s e s e e c e º e Inap - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . other proposals considered. . . . . . . . . . . . . . . . . . . . . . . . . . . judicial, general comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . present, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º e º is tº gº tº e º 'º e º e º 'º e º ºs e e º ºs e º tº e º ºs º ºs e e º ºs e º e º ºs e º e ge e e º 'º e º e º e s e e e º e e º e º e º e o e º 'º º e º e º e º is e e º e e o e º e e O Supreme Court, present provision, map. . . . . . . . . . . . . . . . . . proposed, map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume I :: I+ I+ II I i II II II II II II II II II II II II II II III II II II II II II II II II II III II II Page 1292 867 1028 49 279 387 47 756 611 612 613 614 662 686 688 687 689 703 620–623 700 682 681 316 648 650 649 651 649 680 686 689 687 689 685 362 106–107 606 607 Vol. IV General Subject Indea: pººl Volume Page DOMESTIC RELATIONS COURTS, appeals to Supreme Court, comment. . . . . . . . . . . . . . . . . . . . II 631 other proposals considered. . . . . . . . . . . . . . . . . . . . . . . . . . . . II 636 comparison with other states, comment. . . . . . . . . . . . . . . . . . II 734 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 736–738 deletion of juvenile courts and substitution of, comment. . II 733 family courts and courts of domestic relations in United States, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 736–738 DUAL PUBLIC EMPLOYMENT, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 123 comparison with other states. . . . . . . . . . . . . . . . . . . . . . . . . . II 124 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 693 of legislators, arguments pro and con, special study. . . . . . I+ 700 Special study, Dual Public Employment of Legislators. . . . . . . . . . . . . . . . I+ 694 E E. A. CONWAY CHARITY HOSPITAL, BOARD OF DI- RECTORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 868 EAST LOUISIANA STATE HOSPITAL, BOARD OF AD- MINISTRATORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 868 EDUCATION, appropriations, distribution on basis of educable children, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 482 constitutional provision regarding disbursements, juris- prudence, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 483 deletion of present constitutional provisions. . . . . . . . . . . . . . III 493 dedicated revenues, special study. . . . . . . . . . . . . . . . . . . . . . . I+. 1292 educable children, appropriations distributed on basis of, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 482 educational levels of adult males in Louisiana, 1940-1950, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 24 educational system of state, definition of, comment. . . . . . . . III 419 expenditures for public schools, 1940–1948, table. . . . . . . . . . III 479 expenditures, total Louisiana, 1940-1948, table. . . . . . . . . . . III 481 Georgia plan, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 438 higher, board of control of state colleges, junior colleges, independence of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 451 membership, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 450 board of supervisors of Louisiana State University and Agricultural and Mechanical College, inclusion in constitution, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 453 comparison with other states, comment. . . . . . . . . . . . . . III 454 ble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 434 expenditures for L. S. U., 1940-1948, table. . . . . . . . . . . . III 480 expenditures other than L. S. U., 1940-1948, table. . . . . . III 481 governing boards of state universities, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 434 comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 454 junior colleges, independence of, arguments for and against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 451 single board for, special study. . . . . . . . . . . . . . . . . . . . . . . . I* 1289 staff, students and degrees, by state, 1949–1950, table. . . . III 422 Tulane University in the present constitution, provision retained, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 488 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1300 history under Louisiana constitutions, 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 323 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 345 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 363 * See Vol. I, Part 2. Vol. IV Index tº Part II General Subject Indea: EDUCATION, (continued) Volume Page 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 378 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 411 1898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 430 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 490 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 506 illiteracy, functional, in Louisiana, 1940-1950, table. . . . . . III 25 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . . III 4.17 Legislative Committee on Educational Survey, 1948, plan proposed by, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 438 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . . I 63 recent constitutional provisions, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 192 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 132 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 225 school attendance in Louisiana, 1920-1950, table. . . . . . . . . . III 26 School funds, amount to be transferred to, Projet provision, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 478 equalization, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 482 constitutional provision regarding disbursements, ju- risprudence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 483 permanent, comparison with other states, comment. . . . . . III 474 public education, Projet provision, comment. . . . . . . . . . . III 477 three separate, amounts, comment. . . . . . . . . . . . . . . . . . . . . III 478 School population, all states, 1948-1951, table. . . . . . . . . . . . III 421 “separate but equal” doctrine, jurisprudence on, comment III 423 Separate Schools, comparison with other states, comment. . III 420 higher education, jurisprudence, comment. . . . . . . . . . . . . . III 424 special studies, Dedicated Revenues and Public Education. . . . . . . . . . . . . . I + 1292 The Single Board of Higher Education. . . . . . . . . . . . . . . . I+ 1289 Tulane University in the Present Constitution. . . . . . . . . . I+ 1300 state board of, compensation of members, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 457 members, comparison with other states, table. . . . . . . . . . III 441 members, terms, comparison with other states, comment III 445 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 441 members, election of, comment. . . . . . . . . . . . . . . . . . . . . . . . III 440 comparison with other states, comment. . . . . . . . . . . . . . III 440 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 441 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 439 size, comparison with other states, comment. . . . . . . . . . . . III 444 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 441 state constitutional provisions, public funds for sectarian schools, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 339 state superintendent of, selection of, comparison with other States, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 446 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 447 state superintendent and department of, Louisiana Ad- ministration, special study. . . . . . . . . . . . . . . . . . . . . . . I+ 869 taxation, local, deletion of provisions for, comment. . . . . . . . III 486 three-board system for, alternative proposals considered, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 433 comparison with other states, comment. . . . . . . . . . . . . . . . III 432 plan presented as constitutional amendment, 1948, com- . ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 439 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 433 Tulane University, Revised Statutes of 1870 pertaining to IV 866 university system, Georgia constitution, text of . . . . . . . . . . . I 193 ELECTIONS, See SUFFRAGE; VOTING. amendments to the constitution, alternatives proposals considered, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 710 comparison with other states, comment. . . . . . . . . . . . . . . . III 709 * See Vol. I, Part 2. 1260 Vol. IV General Subject Indea: P!: º Volume Page Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 709 amendments to Louisiana constitution, vote on, 1944 and 1948, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 71.4 1952, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 716 ballot forms, comparison with other states, table. . . . . . . . . III 80 calendar of, under present constitution, special study. . . . . I+ 1115 table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1116 deletions from present constitution. . . . . . . . . . . . . . . . . . . . . . III 97 general state, first under new constitution, comment. . . . . III 744 governor, model state constitutional provisions, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº G & © I# 965 judges, districts courts, deletion of provision for election by, plurality, comment. . . . . . . . . . . . . . . . . . . . . . . . . . II 662 model state constitutional provisions, text of . . . . . . . . . . . . . I 239 commentary, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1124 primary, comparison with other states, table. . . . . . . . . . . . III 72 “white primaries,” constitutionality . . . . . . . . . . . . . . . . . . III 64 judicial history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 64 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . I 48 registrar of voters, Orleans Parish, appointment of, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 86 registration, administrative supervision of, comparison with other states, table. . . . . . . . . . . . . . . . . e e º & G e º e G III 88 registration, absentee, military, comparison with other States, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 75 procedure for appeal for denial of, comparison with other states . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 52, 54 short ballot, model state constitutional provisions, com- mentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 974 special studies, Election years for State Officials. . . . . . . . . . . . . . . . . . . . . I* 765 Suffrage Provisions of Other Southern State Constitu- tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1083 Suffrage and Elections in the Model State Constitution. . I+. 1123 tax and bond issues, property taxpayers eligible, comment III 315 time of, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 62 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 765 provisions, recently adopted constitutions, special study. I+ 765 voting machines, use of, comment. . . . . . . . . . . . . . . . . . . . . . . III 79 comparison with other states, table. . . . . . . . . . . . . . . . . . . III 80 ELECTION YEARS FOR STATE OFFICIALS, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 765 EMBALMERS, LOUISIANA STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 871 EMPLOYERS’ LIABILITY REVISION COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 871 EMPLOYMENT, present officeholders, schedule provision concerning, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 74.1 special study, Dual Public Employment of Legislators. . . . . . . . . . . . . . . I+. 694 EXECUTIVE, and the legislature, model state constitution, commentary on, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 972 appointing power, comparison with other states, comment. II 476 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 787 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 789 clemency, power to reprieve, pardon, commute sentences, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 464–465 commander of armed forces, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 456, 458 * See Vol. I, Part 2. Vol. IV Index º Part || General Subject Indea: EXECUTIVE, (continued) Volume Page special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 788 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 457 history under Louisiana constitutions, 812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 284 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 309 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 343 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 356 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 374 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 392 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 452 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 477 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 503 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . II 425 impeachment of, comparison with other states, comment.. II 487 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 769 model state constitution provision. . . . . . . . . . . . . . . . . . . . . . I 248 I+ 965 commentary, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 967 powers and duties, adjournment of legislature, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [* 792 extraordinary sessions of legislature, comparison with other states, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 7.91 filling vacancies, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . II 479 comparison with other states, comment. . . . . . . . . . . . . . II 479, 480 information from heads of departments, comparison with other states, special study. . . . . . . . . . . . . . . . . . I+ 790 veto, comparison with other states, table, special study. . I+ 786 disapproval and return of bill, Louisiana, special study I+ 949 inaction by governor, result of, Louisiana, special study I+ 948 in Louisiana, Special study. . . . . . . . . . . . . . . . . . . . . . . . . I+ 940 in Louisiana constitutions, table, special study. . . . . . . I+ 947 message, Louisiana, Special study. . . . . . . . . . . . . . . . . . I+ 950 under 1921 Louisiana Constitution, table, special study I+ 942 powers of, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 454 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . I 27 qualifications, constitutional, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 436 recent constitutional provisions, text of, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 161 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 104 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 213 report to legislature, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 452 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 793 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 454 special studies, Comparison of the Executive Functions of the Forty- Eight States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 779 The Executive in the Model State Constitution. . . . . . . . I+ 965 The Executive Veto in Louisiana. . . . . . . . . . . . . . . . . . . . . I+ 940 The Impeachment of the Governor in the Forty-Eight States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 769 The Item Veto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 957 succession, prohibitions against, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 451 table . . . . . . . . . . . . . . . . . . . . . e e º e º e s e e e º & e º e º ſº e º e º e e II 470 Projet, alternative proposal considered. . . . . . . . . . . . . . . . II term, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 438 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 779 inauguration day, comparison with other states, table. . II 437 comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 442 vacancy in office, comparison with other states, comment. . II 468 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 470 * See Vol. I, Part 2. Vol. IV General Subject Indea: e.” Volume Page causes for, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 474 Comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 473 veto, southern states: 1937–1947, table. . . . . . . . . . . . . . . . . . II 159 Comparison with other states, special study. . . . . . . . . . . . I+ 781 EXECUTIVE COUNSEL TO THE GOVERNOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 872 EXECUTIVE DEPARTMENT, attorney general, office of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 748 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 747 deletions from present constitution. . . . . . . . . . . . . . . . . . . . . . II 507 model state constitutional provision, text of . . . . . . . . . . . . . . I 248 commentary, special study . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 965 Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 967 organization, terms, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 439 special studies, Administrative Organization . . . . . . . . . . . . . . . . . . . . . . . . I+ 829 Comparison of the Executive Functions in the Forty- Eight States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 779 Constitutional Administrative Offices and Agencies in Each of the Forty-Eight States. . . . . . . . . . . . . . . . . . I+ 799 The Executive in the Model State Constitution. . . . . . . . I+ 965 Election Years for State Officials. . . . . . . . . . . . . . . . . . . . I+ 765 The Impeachment of the Governor in the Forty-Eight States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 769 Louisiana Administration: Selection of Officers, Mem- bers of Agencies and Their Functions. . . . . . . . . . . . . I+ 837 Reorganization of Executive and Administrative Agen- cies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 794 EXECUTIVE IN THE MODEL STATE CONSTITUTION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 965 EXECUTIVE VETO IN LOUISIANA, Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 940 EXEMPTIONS FROM TAXATION, See TAXATION. EXPENDITURES, See DEBT. education, total in Louisiana, 1940--1948, table. . . . . . . . . . III 481 higher education other than L.S.U., 1940-1948, table. . . . . . III 481 Louisiana State University, 1940–1948, table. . . . . . . . . . . . III 480 public purposes, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 284 public schools, Louisiana, 1940-1948, table. . . . . . . . . . . . . . . III 479 EXTRAORDINARY SESSIONS OF THE LEGISLATURE, See LEGISLATURE. F FINANCE IN THE MODEL STATE CONSTITUTION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1232 FIRE MARSHAL, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 872 FORESTRY COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 873 FRANCHISE, disfranchisement, deletion of disqualification of inmates of charitable institutions, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 48 generally, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 48 * See Vol. I, Part 2. Vol. IV Index * Part || General Subject Indea: Volume Page FRANCHISE, (continued) Georgia constitutional provision, complete text. . . . . . . . . . . I 150 qualifications for voting, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 10 voting, literacy requirement, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 22 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 10 FUNDS, See EDUCATION. public education, Projet provision, comment. . . . . . . . . . . . . III 477 sixteenth section land, comment. . . . . . . . . . . . . . . . . . . . . . . . III 485 state constitutional provisions, public funds for sectarian schools, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 339 G GEORGIA CONSTITUTION, administrative organization under, chart. . . . . . . . . . . . . . . . I+ 834 bill of rights, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 147 amendments to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 198 counties and municipal corporations, text. . . . . . . . . . . . . . . . I 196 counties, establishment by consolidation only. . . . . . . . . . . . I 196 elective franchise, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 150 executive department, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 161 finance, taxation and public debt, text. . . . . . . . . . . . . . . . . . I 178 judiciary, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 168 legislative department, text . . . . . . . . . . . . . . . . . . . . . . . . . . . I 152 merit system, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 199 powers of general assembly over taxation, text. . . . . . . . . . I 159 tax dedications, prohibition of . . . . . . . . . . . . . . . . . . . . . . . . . I 182 voting age, reduction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 150 GOVERNOR, See EXECUTIVE. ineligibility of succession, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 451 office of, Louisiana Administration, special study. . . . . . . . I+ 874 GREATER BATON ROUGE PORT COMMISSION, Louisiana Administration, Special study. . . . . . . . . . . . . . . . . I+. 874 H HABEAS CORPUS, See BILL OF RIGHTS. HEALTH, STATE BOARD OF, Louisiana Administration, Special study. . . . . . . . . . . . . . . . . I+ 875 HIGHER EDUCATION, See EDUCATION. HIGHWAYS, BOARD AND DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 876 HISTORY OF LOUISIANA CONSTITUTIONS, See LOUISIANA CONSTITUTIONS. HOMEOPATHIC STATE BOARD OF MEDICAL EX- AMINERS, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 877 HOME RULE, applicable to cities, towns, and villages, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 254 charters, adoption and revision. . . . . . . . . . . . . . . . . . . . . . . . . III 256 amending, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 256 model constitutional provisions on making, special study I+ 1267 ratification, comparison with other states, table. . . . . . . . III 254 comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 257 * See Vol. I, Part 2. Vol. IV General Subject Indea: e.” Volume Page constitutional, comparison with other states, comment. . . . III 252 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 253 county, model constitutional provisions for, model state constitution, special study . . . . . . . . . . . . . . . . . . . . . . . I+. 1277 commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1281 definition, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 251 judicial approach to, special study. . . . . . . . . . . . . . . . . . . . . . I+ 1262 key home rule provisions, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 254 model constitutional provisions for, special study. . . . . . . . . I+ 1256 model state constitution, special study. . . . . . . . . . . . . . . . I+. 1277 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . . I+ 1280 New Orleans, action of 1921 Constitutional Convention, first judicial interpretation of . . . . . . . . . . . . . . . . . . . . IV 33 comparison of Projet provision and recent constitutional amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 55 history of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 27 history of constitutional provision, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 29 1898 and 1913 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 30 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 32 limitations on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TV 40 new plan of government, 1954. . . . . . . . . . . . . . . . . . . . . . . IV '40 1948 and 1950 amendments relative to. . . . . . . . . . . . . . . . IV 35 1946 centralization charter amendment. . . . . . . . . . . . . . . IV 34 Specific provisions of present constitution placed in charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 25 HOMES FOR THE AGED, INDIGENT AND INFIRM, BOARD OF TRUSTEES FOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 877 HOMESTEAD EXEMPTION, See TAXES; TAXATION. HORTICULTURAL COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 878 HOSPITAL BOARD, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 878 HOT WELLS, BOARD OF DIRECTORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 879 HOUSE OF REPRESENTATIVES, See LEGISLATURE. I ICE FACTORIES, See PUBLIC UTILITIES. IMPEACHMENT, executive, comparison with other states, comment. . . . . . . . II 485 Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 769 impeachment court, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 487 history under Louisiana constitutions, * * * * * * * * * * * * * * * * e o ºs e e s e s e s e e s e e e s e a e e s a e s e e s e a I 321 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 360 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 377 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . I 52 IMPEACHMENT OF THE GOVERNOR IN THE FORTY- EIGHT STATES, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 769 INDEBTEDNESS, See DEBT. * See Vol. I, Part 2. 1265 Vol. IV Ind º #: i. General Subject Indea: Volume INDEX, present constitution and Projet provisions. . . . . . . . . . . . . . IV 983 subject matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 1245 INDUSTRIAL SCHOOL FOR COLORED YOUTHS, BOARD OF COMMISSIONERS OF, Louisiana Administration, Special study. . . . . . . . . . . . . . . . . I+ 880 INDUSTRIAL SCHOOL FOR GIRLS, BOARD OF COM- MISSIONERS, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 880 INFORMATION FROM DEPARTMENT HEADS, power of governor, comparison with other states, comment II 460 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 454 INITIATIVE AND REFERENDUM, amending procedure by initiative, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 694 model state constitutional provisions on, text of . . . . . . . . . . I 245 INITIATIVE AND REFERENDUM IN THE MODEL STATE CONSTITUTION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1387 INSTITUTIONS, charitable, deletion of disqualification of inmates of, from voting, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 48 INSTITUTIONS, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 881 INSTITUTIONS PLANNING ADVISORY COUNCIL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 883 INSURANCE COMMISSIONER, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 884 INSURANCE RATING COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 884 ITEM VETO, See VETO. special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 957 INTRODUCTION AND PASSAGE OF BILLS, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 755 JOURNAL, J See LEGISLATURE. JOURNEYMEN PLUMBERS, STATE BOARD OF EX- AMINERS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 884 JUDGES, See COURTS AND JUDICIARY. JUDICIAL SALARIES, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 989 JUDICIARY, See COURTS AND JUDICIARY. deletions from present constitution. . . . . . . . . . . . . . . . . . . . . II 789 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 288 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 312 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 344 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 357 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 375 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 394 1898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 431 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 453 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 482 * See Vol. I, Part 2. Vol. IV General Subject Indea: e.” Volume Page general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 504 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . I 32 Special studies, Constitutional Authorization for the Establishment of Separate Civil and Criminal Courts: Thirty-Two States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1016 Discipline and Disbarment of Members of the Bar. . . . . I+ 1028 Judicial Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 989 The Judiciary in the Model State Constitution. . . . . . . . . I+ 1066 The Rule-Making Power in the Courts. . . . . . . . . . . . . . . . I+ 979 The Spencer Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1035 JUDICIARY IN THE MODEL STATE CONSTITUTION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1066 JURISDICTION, See COURTS AND JUDICIARY. JURORS, See JURY TRIAL. JURY TRIAL, exemption of women from jury service, comment. . . . . . . . II 741 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 743 majority verdicts, comparison with other states, table. ... II 744 majority verdicts in United States, use of, table. . . . . . . . . II 744 women on juries, comparison with other states, comment. . II 742 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7.43 JUSTICE, department of, comparison with other states, comment. . . . II 750 JUSTICES OF PEACE, abolished, comment on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 721 comment by American Bar Association for abolition.... II 726 jurisdiction, present constitution and Projet, by type of case, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 number, by parish, 1953, table. . . . . . . . . . . . . . . . . . . . . . . . . II 722–724 office of, comparison with other states, comment. . . . . . . . . . II 721 JUVENILE COURTS, domestic relations courts substituted for, comment. . . . . . . III 733 jurisdiction, under present constitution and Projet, by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 JUVENILE PROBATION ADVISORY COUNCIL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . It 885 L LABOR, History of Louisiana Constitutions. . . . . . . . . . . . . . . . . . . . . . . I 351 minimum wages, hours and working conditions, women and girls, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 395 comparison with other states. . . . . . . . . . . . . . . . . . . . . . . . . II 395 LABOR, DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 885 LABOR MEDIATION BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 887 LAKE CHARLES HARBOR AND TERMINAL DISTRICT, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 887 LAND OFFICE, REGISTER OF STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 888 LAW INSTITUTE, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 888 LAWS, effective date of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 162 comparison with other states, table. . . . . . . . . . . . . . . . . . . II 136 * See Vol. I, Part 2. Vol. IV ºn General Subject Indea: LAWS, (continued) prohibitions against local or special, comparison with other states . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . deletion of, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . suspension of, comparison with other states, comment. . . . LAWYERS, See ATTORNEYS. LEGAL ºrials, INCORPORATED BY REFER- acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . constitution of 1898. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . revised statutes, 1870, pertaining to Tulane University. . . . revised statutes, 1950. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table of contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LEGISLATIVE BUREAU, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LEGISLATIVE COUNCIL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . model state provision, commentary on, special study. . . . . . LEGISLATIVE PROCEDURE, See VETO. amending constitution, vote on, comparison with other States, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bills, appropriation, veto, comment. . . . . . . . . . . . . . . . . . . . . house sº senate action, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º tº º e introduction and passage, Louisiana, special study. . . . . introduction and reference, comparison with other states, table of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . introduction, limitation on, Louisiana system, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . California system, special study. . . . . . . . . . . . . . . . . . . . special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . special studies, * Limiting the Practice of “Shucking” Legislative Bills. The Introduction and Passage of Bills. . . . . . . . . . . . . . Time Limitations on the Introduction of Bills. . . . . . . vote on final passage, comment. . . . . . . . . . . . . . . . . . . . . . committees and hearings, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . committee procedure, model state provision, commentary on, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . constitutional provisions, summary of, table. . . . . . . . . . . . . constitutional provisions of other states, tables. . . . . . . . . . history under Louisiana constitution, 1812. . . . . . . . . . . . . . . house º senate action, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . introduction of bills, comment . . . . . . . . . . . . . . . . . . . . . . . . . emergency, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . limitations on, history under Louisiana constitution, 1845 official record, comparison with other states, table of . . . . . quor; comparison with other states, comment. . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . state constitutional provisions regarding legislative pro- cedure, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . special studies, Limiting the Practice of “Shucking” Legislative Bills. . * See Vol. I, Part 2. ; IV IV IV II I* I? III II II I+. TI 386 392 182 526 517 518 509 845 866 821 511 147 889 726 693 694 155 133 755 149 741 747 743 750 7.59 755 735 148 141 142 728 121 134–137 283 133 72 73 308 173 131 134–135 134–135 7.59 1268 Vol. IV General Subject Indea: pºi Volume Page The Introduction and Passage of Bills. . . . . . . . . . . . . . . . I+. 755 Time Limitations on the Introduction of Bills. . . . . . . . . I+ 735 LEGISLATORS, See LEGISLATURE. LEGISLATURE, adjournment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 81 apportionment, automatic, constitutional provision, Mis- souri, text . . . . . . . . . . . . . . e & ſº tº e G & e º & © tº 6 & © tº e º e e dº º º I 93 comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 83 comparison with other states . . . . . . . . . . . . . . . . . . . . . . . . II 93 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 674 constituency per representative, present and Projet formula, equal proportions, table. . . . . . . . . . . . . . . . . . II 85 present and Projet formula, table. . . . . . . . . . . . . . . . . . . . II 84 bicameralism, comparison with other states. . . . . . . . . . . . . . II 62 bicameralism and unicameralism, comment. . . . . . . . . . . . . . II 61 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . e ‘º e g º C tº ſº tº gº is I+. 657 continuous, model state constitutional provision, commen- tary, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 725 deletions from the present constitution. . . . . . . . . . . . . . . . . . II 187–191 enabling legislation, period to provide, constitutional pro- visions, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 739 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 280 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 304 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 342 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 355 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 373 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 387 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 452 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 474 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 500 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . II 59, 60 journal, comparison with other states, table. . . . . . . . . . . . . II 173 limitations on power, constitution, 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 331 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 389, 400 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 476 legislative bureau, comment. . . . . . . . . . . . . . . . . . . . . . . . . ** * * II 147 mandates and under 1921 Constitution and under Projet, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 703 members, dual public employment of, special study. . . . . . I+ 694 dual public employment prohibition, comparison with other states . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 124 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 693 privilege from arrest and privileged speeches, comment. II 128 qualifications, comparison with other states, table. . . . . . II 115 members, numbers and terms, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 99 model state constitutional provision, text of . . . . . . . . . . . . . . i. #; commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 723 official record, comparison with other states, table of . . . . II 173 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . I 10 recent constitutional provisions, text of, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 152 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 93 New Jersey . . . . . . . . . . . . . . . tº e º e º 'º e º e g g g tº e º & © tº e º º ſº e º º I 208 senate, districts, present, map of . . . . . . . . . . . . . . . . . . . . . . . II 110 districts, proposed, map of... . . . . . . . . . . . . . . . . . . . . . . . . II 111 senatorial representation under present constitution, table II 106–107 senatorial representation under Projet, table. . . . . . . . . . . . II 108–109 * See Vol. I, Part 2. 1269 Vol. IV Index - Part || General Subject Indea: LEGISLATURE, (continued) Volume Page sessions, biennial, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . II 68 comparison with other states, table. . . . . . . . . . . . . . . . . . . II 71 extraordinary, power of governor to call, special study. . I* 791 first regular, under new constitution, schedule provision, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 744 number of enactments, table of . . . . . . . . . . . . . . . . . . . . . . . II 66–67 Special, Louisiana 1921-1953, table. . . . . . . . . . . . . . . . . . . . II 80 comment on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 76 comparison with other states. . . . . . . . . . . . . . . . . . . . . . . II 78 split, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 64 comment, Projet provisions . . . . . . . . . . . . . . . . . . . . . . . II 65 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I’s 737 special studies, Dual Public Employment of Legislators. . . . . . . . . . . . . . . I+. 694 The Legislature in the Model State Constitution. . . . . . . I+. 719 commentary on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It 723 Mandates to the Legislature Under the 1921 Constitu- tion and Under the Projet. . . . . . . . . . . . . . . . . . . . . . . I* 703 vacancies, provision for filling, comparison with other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 117 LEGISLATURE IN THE MODEL STATE CONSTITU- TION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 719 LEVEES AND PORTS, appropriation of property for, comment. . . . . . . . . . . . . . . . III 607 to replace streets and highways used for levees, comment III 608 Board of Commissioners of the Port of New Orleans, definition of port, alternative proposals considered, comment. . . . . . . . . . . III 641 ordinance of 1946, comment. . . . . . . . . . . . . . . . . . . . . . . . III 637 text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 637 Projet provision, comment . . . . . . . . . . . . . . . . . . . . . . . . III 641 proposals of Ports Survey Commission. . . . . . . . . . . . . . III 642 policies toward private enterprises, comment. . . . . . . . . . III 655 Ports Survey Commission, recommendations of, comment III 634 powers, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 651 retention of present method of selecting members, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 633 compensation, extension of, comment. . . . . . . . . . . . . . . . . . . . III 608 deletions from the present constitution. . . . . . . . . . . . . . . . . . III 661 history of construction and maintenance, comment. . . . . . . III 602 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . . III 599 Orleans Levee Board, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 621 Lakefront Improvement Project, comment. . . . . . . . . . . . . III 621 Projet for a constitution, Louisiana, text. . . . . . . . . . . . . . . . I 69 riparian owner, history of levees and ports, comment. . . . . III 602 LIBERATIVE PRESCRIPTION, comparison with other states, comment. . . . . . . . . . . . . . . . . II 179–180 LIBRARY, BOARD OF COMMISSIONERS OF, Louisiana Administration, Special study. . . . . . . . . . . . . . . . . I* 890 LIBRARY EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 891 LIEUTENANT GOVERNOR, Louisiana Administration, special study. . . . . . . . . . . . . . tº e e I+. 891 office of, comparison with other states, comment. . . . . . . . . . II 489 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 491 power to vote, comparison with other states, comment. . . . II 489 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 491 LIMITATIONS AND DUTIES, deletions from present constitution. . . . . . . . . . . . . . . . . . . . . II 415 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . II 201 Projet for a constitution, Louisiana, text. . . . . . . . . . . . . . . . I 19 * See Vol. I, Part 2. 1270 Vol. IV General Subject Indea: pºi Volume Page LIMITATIONS ON THE NUMBER OF CONSTITU- TIONAL AMENDMENTS PROPOSED, Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1357 LIMITING THE PRACTICE OF “SHUCKING” LEGIS- LATIVE BILLS, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 7.59 LIQUEFIED PETROLEUM GAS COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 892 LIQUIDATION OF STATE DEBT, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 891 LIVESTOCK BRAND COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 892 LIVESTOCK SANITARY BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 893 LOCAL GOVERNMENT, See NEW ORLEANS ; HOME RULE. city-parish consolidation, argument for, comment. . . . . . . . III 302 consolidation of contiguous municipalities in different par- ishes, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 306 consolidation within same parish, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 305 deletions from the present constitution. . . . . . . . . . . . . . . . . . III 349 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 290 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 322 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 345 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 360 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 416 1898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 436 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 458 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 491 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 506 inter-governmental cooperation, comment . . . . . . . . . . . . . . . III 331 model state constitutional provision, text. . . . . . . . . . . . . . . . I 257 I+. 1277 commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1280 municipal home rule, model constitutional provisions for, model state constitution, special study. . . . . . . . . . . . I+ 1277 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I* 1280 municipalities exempt from parochial taxation, reasons for inclusion in 1921 Constitution, comment. . . . . . . . III 349 municipalities, incorporation of, comment. . . . . . . . . . . . . . . . III 245 optional forms of, comparison with other states, comment. III 296 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 297 Projet article, introduction to . . . . . . . . . . . . . . . . . . . . . . . . . . III 241 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . I 58 recent constitutional provisions, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 196 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 120 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 213 special districts under the present constitution, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1247 introduction comment, special study. . . . . . . . . . . . . . . . . . . I+ 1247 special studies, Special Districts Under the Present Constitution. . . . . . . I+ 1247 Model Constitutional Provisions for Municipal Home Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1257 Local Government in the Model State Constitution. . . . . I+ 1277 zoning comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 327 * See Vol. I, Part 2. Vol. IV d e ºn General Subject Indea: LOCAL GOVERNMENT IN THE MODEL STATE CON- STITUTION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA, Projet for a constitution, complete text of... . . . . . . . . . . . effective date of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA AIDMINISTRATION: SELECTION OF OF- FICERS, MEMBERS OF AGENCIES AND THEIR FUNCTIONS, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table of contents to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA APPORTIONMENT, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA BAR ASSOCIATION, recommendation on judiciary article, Spencer Report, Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTIONAL BOND ISSUES AND COMPARISON WITH SIX OTHER SOUTHERN STATES, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e e º º e s e e º e e s e e º e e º e º e º e º e º e º 'º e º e º 'º e º e º e º e º 'º e º 'º e e 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . acts authorizing, special study. . . . . . . . . . . . . . . . . . . . . . . . . limitations on, 1898. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 generally, 1812-1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1921, closing day procedure, special study. . . . . . . . . . . . . . . 1921, newspaper comments on, special study. . . . . . . . . . . . 1921, rules governing, special study. . . . . . . . . . . . . . . . . . . . organization of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . 1812–1921, Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1812, history of, general observations. . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1845, history of, general observations. . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1852, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1861, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1864, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . general observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1868, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . general observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1879, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . general provisions . . . . . . . . . . . . . . . . . . . . . . . . . . e e s tº e º is general observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOUISIANA CONSTITUTION OF 1898, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . general observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume Is III I+ I+ I* I * : : I :; ; Page 1277 756 843 387 684 1035 1144 297, 297 339 352 370 386 425 447 467 582 423 447 583 628 629 613 561 567 293 338 339 350 351 366 369 380 383 405 418 423 441 Vol. IV General Subject Indea: pºi Volume Page LOUISIANA CONSTITUTION OF 1913, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 447 general observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 461 LOUISIANA CONSTITUTION OF 1921, . amendments to, as of February, 1953, special study. . . . . . I+ 1392 history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 467 general observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 496 summary of provisions, relating to New Orleans. . . . . . . . IV 495 LOUISIANA CONSTITUTIONS, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 273 concordance tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 50.9 LOUISIANA STATE UNIVERSITY AND AGRICUL- TURAL AND MECHANICAL COLLEGE, recognized, Constitution of 1879. . . . . . . . . . . . . . . . . . . . . . . . I 413 LOUISIANA STATE UNIVERSITY AND AGRICUL- TURAL AND MECHANICAL COLLEGE, BOARD OF SUPERVISORS OF, See EDUCATION. Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 894 M MANDATES TO THE LEGISLATURE, under 1921 Constitution and under Projet, special study. . I+. 703 history under Louisiana constitutions, 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 327 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 347 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 364 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 379 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 400 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 476 MANDATES TO THE LEGISLATURE UNIDER THE 1921 CONSTITUTION AND UNDER THE PROJET, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 703 MARKET COMMISSION, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 894 MEDICAL EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 896 MERIT SYSTEM, See CIVIL SERVICE. MERIT SYSTEM COUNCIL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 896 METHODS OF CONSTITUTIONAL REVISION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1347 MILITARY DEPARTMENT, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 897 MILITIA, governor as commander of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 456 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 457 history under Louisiana constitutions, 81? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 285 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 378 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 406 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 494 MINERAL BOARD, STATE, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 898 * See Vol. I, Part 2. 1273 Vol. IV Index Part || General Subject Indea: MISSOURI CONSTITUTION, Volume Page administrative organization under, chart. . . . . . . . . . . . . . . . I* 835 administrative agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 108-112 amending process, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 139 automatic reapportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 93 bill of rights, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 89 corporations, railroads, banks, text. . . . . . . . . . . . . . . . . . . . . I 138 distribution of powers, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . I 93 education, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 132 executive department, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 104 initiative and referendum, text. . . . . . . . . . . . . . . . . . . . . . . . . I 103 judicial department, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 113 selection of judges, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 117 legislative department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 93 legislative proceedings, text . . . . . . . . . . . . . . . . . . . . . . . . . I 97 limitation on legislative power, text. . . . . . . . . . . . . . . . . . I 99 local government, city and county of St. Louis, text. . . . . I 127 finances, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 125 special charters, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 122 text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 120 merit System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 107 non-partisan method, selection of judges. . . . . . . . . . . . . . . . I 117 public officers, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 130 schedule, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 141 suffrage and elections, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . I 131 taxation, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 134 MISSOURI CONSTITUTIONAL CONVENTION, table, Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 633 MODEL CONSTITUTIONAL PROVISIONS FOR MU- NICIPAL RULE, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 1257 MODEL STATE CONSTITUTION, administrative organization under, chart. . . . . . . . . . . . . . . . I+ 830 amending provisions, Special study. . . . . . . . . . . . . . . . . . . . . I+ 1470 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1471 bill of rights article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 237 I* 651 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 653 civil service article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 261 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 1318 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1320 constitutional revision article, text. . . . . . . . . . . . . . . . . . . . . I 265 Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1470 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1471 executive article, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 248 I+ 965 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I* 967 finance article, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 254 Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1232 commentary on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1235 general provisions article, text. . . . . . . . . . . . . . . . . . . . . . . . . I 265 initiative and referendum article, text. . . . . . . . . . . . . . . . . . . I 245 Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1387 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . [* 1390 intergovernmental relations article, text. . . . . . . . . . . . . . . . . I 264 judiciary article, text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 250 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1066 commentary, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1070 legislative article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 240 I* 719 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+. 723 local government, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 257 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1277 commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . I+. 1280 * See Vol. I, Part 2. Vol. IV General Subject Indea: e.” Volume Page municipal home rule, provision on, special study. . . . . . . . . I+. 1279 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+. 1283 public welfare article, complete text of . . . . . . . . . . . . . . . . . . I 262 I+. 729 commentary, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 730 Schedule article, complete text of . . . . . . . . . . . . . . . . . . . . . . . . I 267 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1475 commentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 1477 Suffrage and elections article, text. . . . . . . . . . . . . . . . . . . . . I 239 special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1123 commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . I+. 1124 MODES OF AMENDING CONSTITUTIONS, Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 1323 MORGAN CITY HARBOR AND TERMINAL DISTRICT, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 898 MUNICIPAL COURTS, See COURTS AND JUDICIARY. judges, qualifications, comment. . . . . . . . . . . . . . . . . . . . . . . . . II 728 jurisdiction, present constitution and under Projet, by type of case, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 620–623 MUNICIPAL FIRE AND POLICE CIVIL SERVICE, STATE EXAMINER OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 898 MUNICIPAL HOME RULE, See HOME RULE. MUNICIPALITIES, See LOCAL GOVERNMENT; HOME RULE. city-parish consolidation, arguments for, comment. . . . . . . III 302 classification, limitation of, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 266 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 266 judicial interpretations, comment. . . . . . . . . . . . . . . . . . . . . III 266 consolidation of contiguous, in different parishes, comment III 306 contiguous, definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 306 definition of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 338 exemption from parochial taxation, reasons for inclusion in 1921 Constitution, comment. . . . . . . . . . . . . . . . . . . . III 349 expenditure of funds, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 284 home rule, model constitutional provisions for, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1257 incorporated, Louisiana, 1954, table. . . . . . . . . . . . . . . . . . . . . III 342 intergovernmental cooperation, comment. . . . . . . . . . . . . . . . . III 331 optional forms of parochial and municipal, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . III 296 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 297 powers of, jurisprudence on, comment. . . . . . . . . . . . . . . . . . . III 280 not to be inconsistent or in conflict with general law, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 280 specific and implied, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 278 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 278 unincorporated or inactive, Louisiana, 1954, table. . . . . . . . III 345 utilities owned and operated, Louisiana cities 5,000 or over, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 336 MUSEUM, BOARD OF CURATORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 899 N NEW IBERIA PORT DISTRICT, BOARD OF COMMIS- SIONERS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . I+ 900 * See Vol. I, Part 2. 1275 Vol. IV Index e Part || General Subject Indea: Volume Page NEW JERSEY CONSTITUTION, administration departments, limitation on, complete con- stitutional text on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 217 administrative organization under, chart. . . . . . . . . . . . . . . . I+ 836 amendment article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 225 bill of rights, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 205 distribution of powers of government, text. . . . . . . . . . . . . . I 208 elections and suffrage, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 207 executive article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 213 general provisions article, text. . . . . . . . . . . . . . . . . . . . . . . . . I 226 judges, trial period for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 220 judicial article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 218 legislative article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 208 public officers and employees, text. . . . . . . . . . . . . . . . . . . . . . I 221 schedule article, text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 226 taxation and finance article, text. . . . . . . . . . . . . . . . . . . . . . . I 223 unified courts, text. . . . . . . . . . . . . . . e e e s e º 'º e º e s e e o 'º e º e º a e I 218 NEW JERSEY CONSTITUTIONAL CONVENTION, table, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 633 NEW ORLEANS, See HOME RULE. board of liquidation, city debt, arguments for and against retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 46 composition and organization. . . . . . . . . . . . . . . . . . . . . . . . . IV 277 in new constitution, approach to, New Orleans advisory committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 48 local government advisory committee. . . . . . . . . . . . . . . . . . IV 50 powers, duties, and functions. . . . . . . . . . . . . . . . . . . . . . . . . IV 285 Syndicate members who have served on . . . . . . . . . . . . . . . . IV 311 bonded debt, administered by board of liquidation, city debt, 1953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 298 bonds authorized 1916 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 301 for purposes connected with public belt railroad system. IV 307 charters, history of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 202 debt, question of changing limit, discussion. . . . . . . . . . . . . . IV 45 governmental structure, development of . . . . . . . . . . . . . . . . . IV 201 introduction to studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 201 1805 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 202 1886 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 203 1856 charter revision . . . . . . . . . © e o e e s tº e º 'º e º º º e e º e º e º e IV 206 1870 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 208 1882 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 210 1896 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 211 1912 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 212 1954 charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 216 home rule, comparison of Projet provision and recent con- stitutional home rule amendments. . . . . . . . . . . . . . . . . IV 55 history of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 27 specific provisions of present constitution placed in charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 25 in present constitution and in Projet. . . . . . . . . . . . . . . . . . . . IV 13, 53 municipal bond issuance and administration by . . . . . . . . . . IV 223 bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 321 civil war and reconstruction—1861-1898. . . . . . . . . . . . . . IV 241 early period—1822-1860 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 226 introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 223 recent developments—1899-1950 . . . . . . . . . . . . . . . . . . . . . IV 257 new plan of city government, 1954, how charter amended. IV 41 port of, board of commissioners of the, See LEVEES AND PORTS. power to borrow money and tax property, provisions, statutory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 377 ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 461 * See Vol. I, Part 2. Vol. IV General Subject Indea: pººl Volume Page provisions of present constitution relating to . . . . . . . . . . IV 325 provisions of previous constitutions, statutes, municipal ordinances, petitions relating to. . . . . . . . . . . . . . . . . . IV 375 power to issue revenue bonds, constitution provisions con- cerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & © tº e IV 155 analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 187 concordance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 185 history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 155 restatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 160 power to tax and borrow, analysis. . . . . . . . . . . . . . . . . . . . . . IV 102 concordance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 94 history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 68 restatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 69 power to tax property, borrow money, issue bonds, consti- tutional provision concerning. . . . . . . . . . . . . . . . . . . . . IV 57 sewerage and water board, constitutional provisions con- cerning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 139 analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 145 concordance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 143 history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 139 restatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 140 special treatment, attempt to clarify and eliminate. . . . . . . IV 44 causes for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 19 development of under Constitution of 1812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 13 Constitution of 1845. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 14 Constitution of 1852. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 14 Constitution of 1864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 14 Constitution of 1868. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 14 Constitution of 1879. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 15 Constitution of 1913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 17 Constitution of 1921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 18 large municipalities in state constitutions, comparison with other states. . . . . . . . . . . . . . . . . . . . . . . . ge º & © tº gº tº e IV 21 institute approach and action on . . . . . . . . . . . . . . . . . . . . . . IV 22 studies, introduction to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 9 table of contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 3 summary of provisions of 1921 Constitution relating to . . . IV 495 tax, one percent debt and two mill sewer, history of dedi- cations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 313 Vieux Carre Commission, constitutional provision, aban- doned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 25 NEW ORLEANS STUDIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 9 NORTHWEST LOUISIANA GAME AND FISH PRE- SERVE COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 900 NURSE EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 901 e O OCCUPATIONAL STANDARDS, DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 901 OFFICERS, See IMPEACHMENT; REMOVAL OF OFFICERs; SALARIES. OFFICIALS, constitutional and statutory elective administrative, com- parison with other states, table. . . . . . . . . . . . . . . . . . III 74.1 county, provided for in state constitution with term of II 432–433 office, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . election years of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . III 319 present officeholders, schedule provision, comment. . . . . . . . I+. 765 * See Vol. I, Part 2. 1277 Vol. IV ºn General Subject Indea: OFFICIALS, (continued) schedule provision concerning present constitution article on officeholders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vacancies, provisions for filling, in Louisiana, special study OLD STATE CAPITOL MEMORIAL COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . OPTOMETRY EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . ORLEANS, registrar of voters, appointment of, comment. . . . . . . . . . . . tax assessor, special treatment eliminated, comment. . . . . . alternate proposal considered, comment. . . . . . . . . . . . . . . OSTEOPATHY, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . OYSTER INSPECTOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . PARDON, Pº to, comparison with other states, comment. . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PARDONS, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . PARISHES, area, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . area and population, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . assessed valuation, property tax paid, and homestead re- funds, 1951, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bonded debt, January 1, 1954, table. . . . . . . . . . . . . . . . . . . . . . boundaries, change in, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . maximum population requirement, comment. . . . . . . . . . . . minimum requirements, comment. . . . . . . . . . . . . . . . . . . . . Projet population requirement, comment. . . . . . . . . . . . . . . city-parish consolidation, arguments for, comment. . . . . . . . consolidation of contiguous municipalities in different par- ishes, comment . . . . . . . . . . . . . - e º ºs e º e - © e º e º e º 'º e - e. e. e. county officials provided in state constitutions, with term of office, table. . . . . . . . . . . . . . . . . . . . . . s e e s e e o e º e e e creation of, new parishes, map . . . . . . . . . . . . . . . . . . . . . . . . . . population requirement, comparison with other states, comment. . . . . . . . . . . . . . Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . without referendum requirement, comment. . . . . . . . . . . . comparison with other states, comment. . . . . . . . . . . . . . jurisprudence, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . definitions of terms, comment. . . . . . . . . . . . . . . . . . . . . . . . . . dissolution and merger, provisions, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . history under Louisiana Constitution, 1879. . . . . . . . . . . . . . intergovernmental cooperation, comment. . . . . . . . . . . . . . . . per capita county general-government revenues, by popu- lation size classes: 1941, table. . . . . . . . . . . . . . . . . . . . per capita income, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . population, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ." powers of, incur debt and issue bonds, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . seat, change in, provisions, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . provisions, Projet, comment. . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume III I+ I+. I+ III III III I+ I+ II II I* III II III III III III III III III III III III III III III III III III III III III III III III III III III Page 742 1119 902 902 86 321 321 903 903 466 464–465 903 289 690 188 316 294 288 291 290 302 306 319 293 288 288 286 288 286 338 308 416 331 2.91 289 289 312 314 2.94 295 Vol. IV wº | General Subject Indea: pºi Volume Page PARKS COMMISSION, STATE RECREATION AND, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 904 PAROCHIAL GOVERNMENT, See LOCAL GOVERNMENT; MUNICIPALITIES. PAROLE, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 904 PENITENTIARY, SUPERINTENDENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 905 PENSIONS, Confederate veterans pensions, comment. . . . . . . . . . . . . . . . . II 368 judges of appellate courts and trial, courts of general jurisdiction, provisions for, comparison with other states, table . . . . . . . . . . . . . . . . e s e e e e s e e s e s e º e o e e e s II 588—589 PEST CONTROL COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 905 PHARMACY, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . Iº. 906 PILOTS, Bar Pilots for the Port of New Orleans, Board of Ex- aminers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 907 New Orleans and Baton Rouge Steamship Pilot Commis- sioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Is 907 River Port Pilot Commissioners and Examiners, Board of I* 908 River Port Pilot Commissioners for the Port of New Or- leans, Board of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 907 POLITICAL CORPORATION, See LOCAL GOVERNMENT; MUNICIPALITIES; PARISHES, SPE- CIAL DISTRICT. definition, court comments on. . . . . . . . . . . . . . . . . . . . . . . . . . III 338 jurisprudence, definition, comment. . . . . . . . . . . . . . . . . . . . . . III 338 POLITICAL SUBDIVISION, See POLITICAL CORPORATION. definition of Projet term, comment. . . . . . . . . . . . . . . . . . . . . . III 338 POPULATION, and area, Louisiana parishes, table. . . . . . . . . . . . . . . . . . . . . . II 690 rural-urban, metropolitan areas, 1950, special study, table I+. 680 PORT OF NEW ORLEANS, BOARD OF COMMISSION- ERS OF, See LEVEES AND PORTS. Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 908 PORTS, See LEVEES AND PORTS. PORT SURVEY COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . Is 909 POWELL, ALDEN L., A History of Louisiana Constitutions. . . . . . . . . . . . . . . . . . . . I 273 PRACTICAL NURSE EXAMINERS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 909 PRIMARY ELECTIONS, See ELECTIONS. - PROBLEMS OF HOMESTEAD EXEMPTION, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1222 PROFESSIONAL ENGINEERS AND LAND SURVEY- ORS, STATE BOARD OF REGISTRATION FOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 910 * See Vol. I, Part 2. 1279 Vol. IV ºn General Subject Indea: PROJET FOR A CONSTITUTION, STATE OF LOUISI- ANA WITH NOTES AND STUDIES, act instructing Institute to prepare Projet. . . . . . . . . . . . . . . . accompanying report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . complete text of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . constitutional revision organization. . . . . . . . . . . . . . . . . . . . . chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . definitive Projet, appraisal by Institute. . . . . . . . . . . . . . . . . . general statement by president of Institute. . . . . . . . . . . . . . materials prepared by research staff. . . . . . . . . . . . . . . . . . . . note on style. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . personnel roster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council members of Institute. . . . . . . . . . . . . . . . . . . . . . . . . general committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . research staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . special staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . statement by general co-ordinator of Institute. . . . . . . . . . . . table of contents to four volumes. . . . . . . . . . . . . . . . . . . . . . . . PROPERTY TAX, See TAXES; TAXATION. PUBLIC BUILDING BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . PUBLIC EDUCATION, See EDUCATION. PUBLIC EMPLOYEES BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . PUBLIC FUNDS, SUPERVISOR OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . PUBLIC OFFICIALS, See OFFICIALS. PUBLIC SAFETY, DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . PUBLIC SERVICE COMMISSION, comparison with other states, comment. . . . . . . . . . . . . . . . . . population under present constitution, table. . . . . . . . . . districts, population under Projet, table. . . . . . . . . . . . . . . . . present, map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proposed, map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louisiana Administration, special study. . . . . . . . . . . . . . . . . regulatory functions of, comparison with other states, com- table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . utility commissioners, comparison with other states, table PUBLIC UTILITIES, See PUBLIC SERVICE COMMISSION. ice factories, history of present constitution, provision on, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ownership of, jurisprudence under 1913 Constitution. . . . municipally owned and operated, Louisiana cities of 5,000 or over, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . revenue-producing, defined by legislature, comment. . . . . . PUBLIC WELFARE, model state constitution provision, special study. . . . . . . . . . commentary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume I+ I* I+ I+ II II II II II III I+ II II III III III III Page xxxi xix xxiii xxxix xliii XXVi Xxxiii lxiii lix xix XIV XIV xlvi li li xlvii liii lxxv. 911 911 912 912 401 402 402 406 407 144 913 405 404 403 284 284 336 335 729 730 Vol. IV See LEGISLATURE. * See Vol. I, Part 2. o d General Subject Indea: e.” Volume Page PUBLIC WELFARE, STATE BOARD AND DEPART- MENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 914 PUBLIC WORKS, BOARD AND DEPARTMENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 915 PUNISHMENT, © non-members of legislature, comparison with other states II 126 R RACING COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 916 REAL ESTATE BOARD, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 917 RECALL, See REMOVAL OF OFFICERS. RECORDS, secretary of state custodian, comparison with other states, - comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 492 REGISTER OF STATE LAND OFFICE, history of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 430 REGISTRAR OF WOTERS, office of, comparison with other states, table. . . . . . . . . . . . . . III 88 Orleans Parish, appointment of, comment. . . . . . . . . . . . . . . . III 86 REGISTRATION, See WOTING. board of, abolished, comment on. . . . . . . . . . . . . . . . . . . . . . . . III 97 REGISTRATION, BOARD OF, Louisiana Administration, Special study. . . . . . . . . . . . . . . . . Iº 918 REMOVAL OF OFFICERS, See IMPEACHMENT. causes for, comparison with four other states, table...... III 112 civil service commissioners, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 574, 576 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 576 constitutional provisions of four states, exclusive of im- peachment and recall, table. . . . . . . . . . . . . . . . . . . . . . III 112 governing boards of state universities, Projet provision, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 454 comparison with other states, table. . . . . . . . . . . . . . . . . . . III 434 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 290 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 321 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 377 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © e º 'º e º e º e º e º a I 407 judicial, recall of, comment by New Jersey constitutional convention committee, objections noted. . . . . . . . . . . . III 123 recall, comparison with other states, table of provisions.. III 120 REORGANIZATION OF EXECUTIVE AND ADMINIS- TRATIVE AGENCIES, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 794 REPARATIONS COMMISSION, CAERNARVON BREAK, Louisiana Administration, special study. . . . . . . . . . . . . . . . . Ie 918 REPRESENTATION, senate, under present constitution, table of . . . . . . . . . . . . . . II 106–107 under Projet, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 108–109 REPRESENTATIVES, - 1281 Vol. IV Index © Part || General Subject Indea: REPRIEVE, Volume Page limitation on power to, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 462 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 464–465 RETIREMENT, judges, appellate and trial courts, provisions, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . II. 588–589 plans for Louisiana, comment. . . . . . . . . . . . . . . . . . . . . . . . . . II 373 RETIREMENT SYSTEMS, Louisiana Administration, special study Assessors’ Retirement Fund, Board of Trustees of . . . . . . I+ 918 Parochial Employees’ Retirement System, Board of Trustees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 919 Police Retirement Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . I* 919 School Employees’ Retirement System, Board of Trustees I* 920 School Lunch Employees’ Retirement System, Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 920 Sheriffs’ Pension and Relief Fund, Board of Trustees of I+ 92.1 statemplºyees Retirement System, Board of Trustees 92.1 OT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I+. Teachers’ Retirement System of Louisiana, Board of Trustees of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I + 921 REVENUE, COLLECTOR OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 92.2 REVENUES, See DEDICATED REVENUES. earmarked for schools, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 474 expenditures from state property relief fund, table. . . . . . III 152 history under Louisiana constitutions, 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 407 1898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A • - I 437 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 457 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 486 income payments, by state, 1953, table. . . . . . . . . . . . . . . . . . III 209 industrial tax exemption, state, parish, and municipal losses by parish, 1951, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 224 per capita county general, by population size classes: 1941, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 291 per capita income, by parish, table. . . . . . . . . . . . . . . . . . . . . . III 289 Projet article, introduction to . . . . . . . . . . . . . . . . . . . . . . . . . . III 133 public education, funds earmarked for, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 474 state property tax, Louisiana table. . . . . . . . . . . . . . . . . . . . . III 152 tax collections, by state, 1942–1953, table. . . . . . . . . . . . . . . . III 210 comparison with other states, by major source, 1953, ble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 192 RULE-MAKING POWER IN THE COURTS, See COURTS AND JUDICLARY. special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 979 S SABINE RIVER AUTHORITY, BOARD OF COMMIS- SIONERS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 922 SAINT MARTIN-LAFAYETTE GAME AND FISH COM- MISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 923 SALARIES, changes of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 341 compensation other than, provisions enumerated. . . . . . . . . . III 100 coroners, salaries of, special study. . . . . . . . . . . . . . . . . . . . . . I+ 1009 * See Vol. I, Part 2. Vol. IV º | General Subject Indea: e.” Volume Page district attorneys and assistant district attorneys, salaries of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1007 executive officers, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 445 judicial clerks and deputy clerks, special study. . . . . . . . . . I+ 998 judicial, comparative study, special study. . . . . . . . . . . . . . . . I+ 1010 deletion of provision, comment. . . . . . . . . . . . . . . . . . . . . . . II 597 law clerks, court reporters and stenographers, salaries of, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1005 provided in present constitution, enumeration of . . . . . . . . . . III 99 Special study, Judicial Salaries. . . . . . . . . . . . . . . . . . . . . . . . . I 989 under 1921 Constitution compared with 1952, table. . . . . . . II 342 SCHEDULE, contracts, under 1921 Constitution, recognized, comment. . III 752 deletions from the present constitution. . . . . . . . . . . . . . . . . . III 761 effective date of constitution, comment. . . . . . . . . . . . . . . . . . III 756 enabling legislation, period during which legislature to provide, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 739 history under Louisiana Constitution, 1812. . . . . . . . . . . . . . . I 292 indebtedness, under 1921 Constitution, recognized, comment III 752 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . III 733 judges of state courts, table, special study. . . . . . . . . . . . . . I+ 1014 model state constitutional provision, special study. . . . . . . . I+ 1475 commentary on, Special study. . . . . . . . . . . . . . . . . . . . . . . . . I* 1477 present officeholders, provision concerning, comment. . . . . . III 74.1 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . . I 78 recognition of “all rights . . .” provision, comment. . . . . . . . III 750 transfer of cases, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 748 SCHEDULE IN THE MODEL STATE CONSTITUTION, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * I+ 1475 SCHOOLS, See EDUCATION. state constitutional provisions, public funds for sectarian schools, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 339 SECRETARY OF STATE, custodian of records, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 492 Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 925 SECTARIAN SCHOOLS, See SCHOOLS. SECURITIES COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 923 SEED COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I* 924 SEGREGATION, See EDUCATION. SENATE, See LEGISLATURE. representation, under present constitution, table. . . . . . . . . . II I06–107 under Projet, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 108–109 senatorial districts, present, map of . . . . . . . . . . . . . . . . . . . . . II 110 proposed, map of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 111 SENATORS, See LEGISLATURE. SEPARATION OF POWERS, See DISTRIBUTION OF POWERS. SESSIONS, See LEGISLATURE. SHREVEPORT, council resolution, 1932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 876 * See Vol. I, Part 2. Vol. IV ºn General Subject Indea: SHREVEPORT CHARITY HOSPITAL, BOARD OF DI- RECTORS OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . SINGLE BOARD FOR HIGHER EDUCATION, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SPANISH LAKE GAME AND FISH PRESERVE COM- MISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . SPECIAL DISTRICT, definition of terms, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . deletion of present constitutional provisions, comment. . . . SPECIAL DISTRICTS UNDER THE PRESENT CON- STITUTION, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SPECIAL SESSION, See LEGISLATURE. SPECIAL STUDIES, See SPECIFIC TITLES. introduction to Volume One, Part II. . . . . . . . . . . . . . . . . . . . table of contents to Volume One, Part II. . . . . . . . . . . . . . . . SPENCER REPORT, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STATE, clº against, comparison with other states, comment. . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STATE CIVIL SERVICE, See CIVIL SERVICE. STATE DEBT, See DEBT. STATE FINANCES, See DEBT; DEDICATED REVENUES; REVENUES. amounts authorized by board of liquidation, 1908-1944, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bond issues, Louisiana constitutional, comparison with six other southern states, 1948, special study. . . . . . . . . . Summary table, Special study. . . . . . . . . . . . . . . . . . . . . . . . bonded indebtedness, under 1921 Constitution, schedule pro- Vision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bonds, power of parishes to issue, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . contracts, under 1921 Constitution, schedule provision, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . debt, board of liquidation of state, special study. . . . . . . . . . incurring of, Projet provision, comment. . . . . . . . . . . . . . . . comparison with other states, comment. . . . . . . . . . . . tº e power of parishes to incur, comparison with other states, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . expenditures, higher education other than L.S.U., 1940- 1948, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louisiana State University, 1940–1948, table. . . . . . . . . . . . public education, total Louisiana, 1940–1948, table. . . . . . fund, equalization, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . constitutional provision regarding disbursements, juris- prudence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . property tax relief, abolition of, comment. . . . . . . . . . . . . . expenditure from 1936-1953, table. . . . . . . . . . . . . . . . . . single, New Jersey provision, special study. . . . . . . . . . . . sixteenth section land, comment. . . . . . . . . . . . . . . . . . . . . . Special, arguments against, special study. . . . . . . . . . . . . . * See Vol. I, Part 2. Volume I+ I+ I+. III III I+. I* II II Is I* I* III III III III I+. III III III III III III III III III III I+. III I+ Page 924 1289 925 338 362 1247 557 Xi 1035 176–177 176–177 1221 1144 1145 752 312 314 752 1218 207 208 312 314 481 480 481 482 482 158 152 1187 485 1184 1284 Vol. IV General Subject Indea: pººl Volume Page Special or segregated, special study. . . . . . . . . . . . . . . . . . I* 11.83 homestead tax exemption, problems of, special study. . . . . . I+. 1222 limitations on investing, lending, pledging or donating funds, credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 359, 363 limitations on state indebtedness, constitutional, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1129 Louisiana, 1942-1950, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 211 model state constitutional provision, text of . . . . . . . . . . . . . . I 254 Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1232 commentary on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1235 non-tax revenue dedications, constitutional, all states, 1950, table, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1206 per capita income, by parish, table. . . . . . . . . . . . . . . . . . . . . . III 289 property tax relief fund, abolition of, comment. . . . . . . . . . III 158 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1224 property tax relief fund, expenditure from, 1936-1953, table III 152 suggested modifications of, special study. . . . . . . . . . . . . . I+ 1228 recent constitutional provisions, text of, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 182 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 125 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 223 revenue, finance, and taxation, Projet for a constitution, Louisiana, text of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 54 tax and bond issues, election, property taxpayers eligible, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 315 Revenue Code Commission, comment. . . . . . . . . . . . . . . . . . III 318 tax revenue dedications, constitutional, all states, 1950, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1196 taxes, dedication of Louisiana, 1952–1953, table. . . . . . . . . . II 222 STREAM CONTROL COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 926 SUFFRAGE, deletions from present constitution. . . . . . . . . . . . . . . . . . . . . . III 97 disqualifications, comparison with other states, comments. . III 48 educational levels of adult males in Louisiana, 1940-1950, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 24 Georgia constitutional provision, text. . . . . . . . . . . . . . . . . . . I 150 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 280 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 300 1852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 340 1864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 354 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 373 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 391 1898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 426 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 456 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 485 illiteracy, functional, in Louisiana, 1940-1950, table. . . . . . III 25 inmates of charitable institutions, deletion of disqualifica- tion of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 48 introduction to Projet article. . . . . . . . . . . . . . . . . . . . . . . . . . III 5 Projet for a constitution, Louisiana, text of . . . . . . . . . . . . . . I 48 qualifications for voting, comparison with other states. . . . III 10 literacy requirement, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 22 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 10 exemption of registered voters from, comparison with other states, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 30 constitutionality, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 31 model state constitutional provisions, text of . . . . . . . . . . . . . I 239 special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1123 commentary, Special study. . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1124 * See Vol. I, Part 2. Vol. IV ºn General Subject Indea: SUFFRAGE, (continued) permanent registration law, Louisiana, editor's note. . . . . . primaries, “white primary,” judicial history of . . . . . . . . . . qualifications for voting, educational, comment. . . . . . . . . . constitutionality, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . recent constitutional provisions, text of, - Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . registration, comment on provisions of 1921 Constitution. . Procº for appeal for denial of, comparison with other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . registration as voting requirement, comment. . . . . . . . . . . . . requirement of good character, understanding of duties, deletion of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . comparison with other states, comment. . . . . . . . . . . . . . . . constitutionality, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . residence requirements, comparison with other states, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . historical source of meaning of . . . . . . . . . . . . . . . . . . . . . . . . special study, Suffrage Provision of Other Southern State Constitutions SUFFRAGE AND ELECTIONS IN THE MODEL STATE CONSTITUTION, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUFFRAGE PROVISIONS OF O T H E R SOUTHERN STATE CONSTITUTIONS, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUPREME COURT, See COURTS AND JUDICIARY. appeals, from district courts, by districts, 1952-1953, table from district courts, 1945-1949, by distribution by ju- dicial districts, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . from ºrict courts, distribution by parish, 1945-1949, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . from domestic relations courts, comment. . . . . . . . . . . . . . other proposals considered. . . . . . . . . . . . . . . . . . . . . . . . . . appellate jurisdiction, elimination of marital status suits from, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . enumeration by type of case, table. . . . . . . . . . . . . . . . . . . . authority, suspend, discipline or disbar members of bar, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cases, by nature, 1937-1946, table. . . . . . . . . . . . . . . . . . . . . . jurisdictional origin of, 1952-1953, table. . . . . . . . . . . . . . . number of, 1933–1946, table of . . . . . . . . . . . . . . . . . . . . . . . . chief justice, selection and term of, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . districts, disparity in population, comment. . . . . . . . . . . . . . . present, map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . present, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proposed, map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proposed, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . general organization, comment. . . . . . . . . . . . . . . . . . . . . . . . . . judges, number, comparison with other states, table. . . . . . jurisdiction, amount increased, comment. . . . . . . . . . . . . . . . preºconstitutiºn and under Projet, by type of case, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . state º of last resort, comparison with other states, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SURVEYOR GENERAL, Louisiana Administration, special study. . . . . . . . . . . . . . . . . * See Vol. I, Part 2. Volume Page III 19 III 64 III 27 III 28 I 150 I 207 I 131 III 52 III 54 III 18 III 32 III 37 III 37 III 13 III 10 III 14 I+ - 1083 I+ 1123 I+ 1083 II 612 II 611 II 613 II 631 II 636 II . 625 II 620–623 II 617 II 610 II 609 II 609 II 594 II 600 II 606 II 608 II 607 II 608 II 593 II 594 II 624 II 620–623 II . 594 I+ 927 1286 Vol. IV General Subject Indea: e.” Volume Page SWEET POTATO ADVERTISING AND DEVELOPMENT COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 927 T TAX APPEALS, BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+ 928 TAX ASSESSOR, constitutional provision, office of, comparison with other states, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 319 Special treatment for Orleans eliminated, comment. . . . . . III 321 alternate proposal considered, comment. . . . . . . . . . . . . . . III 321 TAXATION, aircraft tax exemption, comment on. . . . . . . . . . . . . . . . . . . . III 228 assessed valuation, by parish, table. . . . . . . . . . . . . . . . . . . . . III 289 assessed valuation, per capita, by parish, 1950, table, spe- cial study . . . . . . . . . . . . . . . . . . . . * @ tº ſº e º e º e º 'º e º & © º º ºs I+. 1231 assessments, comparison with other states, comment. . . . . . III 136 Louisiana parishes, state property tax paid and home- stead refunds, 1951, table. . . . . . . . . . . . . . . . . . . . . . . . III 188 valuation of resident and non-resident rolling stock, 1989-1951, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 159 collections, by state, 1942-1953, table. . . . . . . . . . . . . . . . . . . . III 210 exemptions, general comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 161 agricultural equipment, comment. . . . . . . . . . . . . . . . . . . . . III 177 charitable undertakings, comment. . . . . . . . . . . . . . . . . . . . . III 168 cultural enterprises, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 174 household property, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 183 motor vehicles, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 181 non-profit education, comment. . . . . . . . . . . . . . . . . . . . . . . . III 170 public property, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 164 relative to religion, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 166 exemptions, municipalities from parochial taxation, reasons for inclusion in 1921 Constitution, comment. . . . . . . . III 350 history under Louisiana Constitutions, 1845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 328 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 407 1898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 437 1918 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 457 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 486 general summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 507 homestead or other exemptions, history under Louisiana constitutions, 879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 410 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 489 homestead tax exemption, abolition, comment. . . . . . . . . . . . . III 153 comparison with other states, comment. . . . . . . . . . . . . . . . III 153 exemptions for 1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 157 problems of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1222 states with, 1952, table, special study. . . . . . . . . . . . . . . . I+ 1230 income taxes, comparison with other states, comment. . . . . . III 194 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 192 industrial tax exemption, deletion of present provision, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 220 comparison with other states, comment. . . . . . . . . . . . . . . . III 219 value of investment; state, parish, and municipal losses by parish, 1951, table. . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e III 224 inheritance taxes, comparison with other states, comment III 199 local, for education, deletion of provisions for, comment.. III 486 Louisiana taxes: yield and authorization, 1952-1953, table III 154 New Orleans, one percent debt and two mill sewer, history of dedications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 313 × * See Vol. I, Part 2. Vol. IV Index Part || General Subject Indea: Volume Page TAXATION, (continued) g occupational taxes, prohibition against levying of, com- parison with other states, comment. . . . . . . . . . . . . . . . III 197 power of, comparison with other states, comment. . . . . . . . . . III 138 Projet article, introduction to . . . . . . . . . . . . . . . . . . . . . . . . . . III 133 property tax, amount paid, by parish, table. . . . . . . . . . . . . . III 188 revenue from, 1936-1953, table. . . . . . . . . . . . . . . . . . . . . . . . III 152 states which levy ad valorem property taxes for state purposes, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 150 property tax relief fund, abolition of, comment. . . . . . . . . . III 158 suggested modifications of, special study. . . . . . . . . . . . . . I* 1228 recent constitutional provisions, Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 178 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 134 New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 223 taxes collected, comparison with other states, by major source, 1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 192 uniformity of, comparison with other states, comment. . . . III 139 TAX COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 92.8 Projet provision, comment on. . . . . . . . . . . . . . . . . . . . . . . . . . III 142 retention of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 142 valuation of resident and non-resident rolling stock, 1939– 1951, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 159 TAXES, See TAXATION. aircraft tax exemption, comment on. . . . . . . . . . . . . . . . . . . . III 228 collection, by major source and by state, 1953, table. . . . . . III 192 collections, by state, 1942-1953, table. . . . . . . . . . . . . . . . . . . . III 210 constitutional non-tax revenue dedications: all states, 1950, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1206 constitutional revenue dedications: all states, 1950, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It 1196 dedication of Louisiana taxes, 1952-1953, table. . . . . . . . . . . . II 222 exemptions, generally, comment. . . . . . . . . . . . . . . . . . . . . . . . . III 161 homestead refunds, by parish, 1951, table. . . . . . . . . . . . . . . . III 188 homestead tax exemption, abolition, comment. . . . . . . . . . . . III 153 comparison with other states, comment. . . . . . . . . . . . . . . . III 153 exemptions for 1953, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 157 problems of, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1222 homestead property exemptions, 1952, states with, table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 1230 income, comparison with other states, comment. . . . . . . . . . III 194 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº III 192 industrial tax exemption, deletion of present provision, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 220 comparison with other states, comment. . . . . . . . . . . . . . . . III 219 value of investment; state, parish, and municipal losses by parish, 1951, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . III 224 inheritance, comparison with other states, comment. . . . . . III 199 New Orleans, one percent debt and two mill sewer, history of dedications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV 313 occupational, prohibition against levying against certain occupations, comparison with other states, comment III 197 property, amount paid, by parish and homestead refunds, 1951, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 188 bond issues to which tax is dedicated, table. . . . . . . . . . . . III 156 expenditure from property tax relief fund, 1936-1953, table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 152 revenue from state property tax, table. . . . . . . . . . . . . . . . III 152 state property tax, Special study. . . . . . . . . . . . . . . . . . . . . . I* 1224 states which levy, for state purposes, table. . . . . . . . . . . . III 150 * See Vol. I, Part 2. 1288 Vol. IV g Ind General Subject Indea: pººl Volume Page unpaid, prescription of preferences and claims for, com- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 206 yield and authorization, 1952-1953, table. . . . . . . . . . . . . . . . III 154 yield, interstate comparison, table. . . . . . . . . . . . . . . . . . . . . . III 192 THOMAS H. HARRIS SCHOLARSHIP FOUNDATION, BOARD OF TRUSTEES OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . I+ 929 TIME Hººtions ON THE INTRODUCTION OF special study." tº e º ºs e º 'º e º ſº e º º e º e º e º e º 'º tº $ tº º tº º te e º e º is tº & © e º 'º e I+ 735 TRADE RELATIONS, STATE BOARD OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I* 92.9 TRAINºg INSTITUTE, BOARD OF COMMISSIONERS Louisiana 'Administration, special study. . . . . . . . . . . . . . . . . . I+ 930 TREASURER, powers and duties, comparison with other states, comment II 495 TREAsºº STATE AND, DEPARTMENT OF TREAS- Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 930 TUBERCULOSIS COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 931 TULANE UNIVERSITY, See EDUCATION. Board of Administrators of, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 932 Revised Statutes of 1870, pertaining to . . . . . . . . . . . . . . . . . . IV 866 TULANE UNIVERSITY IN THE PRESENT CONSTI- TUTION, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 1300 U UNEMPLOYMENT COMPENSATION, BOARD OF RE- VIEW OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . Iº 932 UNEMPLOYMENT COMPENSATION, STATE ADVIS- ORY COUNCIL FOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 932 UNICAMERALISM, See BICAMERALISM. comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 61 UNIFORM LEGISLATION IN THE UNITED STATES, BOARD OF COMMISSIONERS FOR PROMO- TION OF, Louisiana Administration, special study. . . . . • e o e o e e s • e o e e I+ 933 UNITED SPANISH WAR WETERANS, SERVICE COM- MISSIONER FOR, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 933 UTILITIES, PUBLIC, See PUBLIC UTILITIES. V VACANCIES, executive, comparison with other states, comment. . . . . . . . II 468 judges, selection of, See COURTS AND JUDICIARY. legislature, comparison with other states. . . . . . . . . . . . . . . . II 117 provisions for filling in Louisiana, special study. . . . . . . . . . I+ 1119 * See Vol. I, Part 2. 1289 Vol. IV Index g Part || General Subject Indea: Volume Page VETERANS’ AFFAIRS, COMMISSION AND DEPART- MENT OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . Is 934 veTERINARY MEDICAL EXAMINERS, STATE BOARD y Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 934 VETO, adjournment before received, Louisiana, special study. . . . I+. 953 appropriation bills, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . II 155 disapproval and return of bill, Louisiana, special study. . . . I+. 949 governors’ power to, comparison with other states, special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 781 table, special study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+. 786 executive veto in Louisiana, special study. . . . . . . . . . . . . . I+. 940 in Louisiana constitutions, table, special study. . . . . . . . . . I+ 947 history under Louisiana constitutions, 1812 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 287 1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 393 inaction by governor, result of, Louisiana, special study. . I+ 948 item, in Louisiana, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . IT 158 comparison with other states, comment. . . . . . . . . . . . . . . . II 160 Special study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 957 item, evaluation of, special study. . . . . . . . . . . . . . . . . . . . . . . . I+. 957 message, Louisiana, special study. . . . . . . . . . . . . . . . . . . . . . I+ 950 recall of, Louisiana, special study. . . . . . . . . . . . . . . . . . . . . . . I+ 947 southern states: 1937-1947, table. . . . . . . . . . . . . . . . . . . . . . . . II 159 time allowed for, Louisiana, special study. . . . . . . . . . . . . . . . I+. 945 under 1921 Constitution, special study, table. . . . . . . . . . . . I+. 942 special studies, - Executive Veto in Louisiana. . . . . . . . . . . . . . . . . . . . . . . . . . I+. 940 The Item Veto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I+ 957 VIEUX CARRE COMMISSSION, constitutional provision abandoned. . . . . . . . . . . . . . . . . . . . . . IV 25 VOTING, See ELECTIONS, AMENDING PROCESS; FRANCHISE; SUFFRAGE. absentee, comparison with other states, comment. . . . . . . . . III 73 table . . . . . . ... • e o e s e e o e o e o 'º e o e s • * * * * * * * * * * * * * * * * * * * * * * III 10 age, Georgia constitutional provision, text. . . . . . . . . . . . . . I 150 amendments to the constitution, comparison with other States, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 711 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 694 Projet provision, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 713 ballot forms, comparison with other states, table. . . . . . . . . . III 80 inmates of charitable institutions, deletion of disqualifica- tion of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 48 literacy requirement, comparison with other states, com- ment . . . . . . . . . . . . . tº º º e º te e º O & tº e º 'º º e º 'º º e º e º 'º e º ſº tº e III 22 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 10 Louisiana constitutional amendments, 1944 and 1948, table III 714 1952, table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 716 machines, use of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 79 comparison with other states, table. . . . . . . . . . . . . . . . . . III 80 qualifications for voting, comparison with other states, table III 10 registration, administrative supervision of, comparison with other states, table. . . . . . . . . dº ſº º e º O & © e º ſº ſº tº º C tº e III 88 registration as voting requirement, comment. . . . . . . . . . . . III 18 registration, comment on provisions of 1921 Constitution. . III 52 requirement of good character, understanding of duties, deletion of, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 32 constitutionality, comment. . . . . . . . . . . . . . . . . . . . . . . . . . . III 37 residence requirements, comparison with other states, table III 10 comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P. . . . . . III 13 * See Vol. I, Part 2. Vol. IV de Ind General Subject Indea: pººl Volume Page short ballot, model state constitutional provision, com- mentary on, special study. . . . . . . . . . . . . . . . . . . . . . . . I+ 974 tax and bond issues, property taxpayers eligible, comment III 315 Revenue Code Commission, comment. . . . . . . . . . . . . . . . . . III 318 VOTING MACHINES, BOARD TO PURCHASE, Louisiana Administration, special study. . . . . . . . . . . . . . . . I+ 935 W WAGES, See LABOR. WARDEN, STATE PENITENTIARY, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I* 935 WAREHOUSE COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 936 WATCHMAKING, BOARD OF EXAMINERS IN, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I* 937 WEIGHTS AND MEASURES, COMMISSION OF, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I* 937 WILD LIFE AND FISHERIES COMMISION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . . I+ 938 WOMEN, minimum wages, hours and working conditions, comment.. II 395 comparison with other states. . . . . . . . . . . . . . . . . . . . . . . . . II 395 on juries, comparison with other states, comment. . . . . . . . . II 742 table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 7.43 Y YOUTH COMMISSION, Louisiana Administration, special study. . . . . . . . . . . . . . . . . I+. 939 Z ZONING, comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 327 * See Vol. I, Part 2. 1291 | Twº O. W.' … tº 4 – ~~~~~~~~. T. ... …I == - UNIVERSITY OF MICHIGAN --—-sº N ||||||||||||||T 3 9015 06836 8045 r— e - r—— -T--------— — — — — —. —7. * \ | | - * - Sy ł. - } | cla so ºn 24 Grºsſ East e | - • | U N I O N ! 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