Garrison v. City of Shreveport

154 So. 622, 179 La. 605, 1934 La. LEXIS 1415
CourtSupreme Court of Louisiana
DecidedMarch 26, 1934
DocketNo. 32785.
StatusPublished
Cited by9 cases

This text of 154 So. 622 (Garrison v. City of Shreveport) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garrison v. City of Shreveport, 154 So. 622, 179 La. 605, 1934 La. LEXIS 1415 (La. 1934).

Opinion

ODOM, Justice.

The Municipal Council of the City of Shreveport, by resolution, authorized the mayor to prepare and submit formal application to the Federal Emergency Administration of Public Works, for financial assistance in the construction of certain designated municipal improvements and for the repair and reconstruction of others. The may- or was authorized and directed to apply for a loan equal to 70 per cent, of the costs of these projects and for a grant of the remaining 30 per cent. The application was made and a majority of the projects submitted were approved.

In order to raise funds with which to pay its 70 per cent, of the costs of these improvements, the city gave notice of its intention to issue excess revenue bonds as authorized by subdivision (e), § 14, art. '14, Constitution of 1921, and Act No. 40 of 1922. When this notice was given, the plaintiff, who is a resident taxpayer of the city, brought the present proceedings to enjoin the city from issuing such bonds on the following grounds:

“That the issuance of said bonds for the purposes aforesaid is ultra vires of the powers of the city of Shreveport. That the city of Shreveport has no authority to issue excess revenue bonds for the purposes aforesaid under Act 40 of 1922 or any other statute of this state.”

The city excepted to the petition on the ground that it set out no' cause of action. This exception was sustained and plaintiff appealed.

It is conceded by counsel for plaintiff that the governing authorities of municipal corporations may, after making provision for the payment of all statutory and ordinary charges, fund into bonds the avails or residue of the tax authorized by the Constitution, for the purpose of making municipal improvements, this being authorized by paragraph (e), § 14, art. 14 of the Constitution and Act No. 40 of 1922. It is conceded further that the designated projects named in the application are “municipal improvements” in the sense in which that term is ordinarily used at the ¿resent time. But the contention is that some of the projects named are not embraced within the terms of section 4, Act No. 40 of 1922, which, it is argued, inhibits municipal corporations from issuing such bonds except for the following specific purposes, named in the act:

“Constructing bridges; purchasing or constructing waterworks, sewers, drains, lighting and power plants, artificial ice and refrigerating plants; public parks; school houses; teachers’ homes and improvements.”

Some of the improvements which the city proposes to make are not, in terms, included within these designated classes, and it is argued that inasmuch as they are not specifically included, the Legislature intended that they be excluded, and counsel for plaintiff *609 invoke the maxim, “Inclusio unius est exclusio alterius.” _

We cannot sanction this interpretation of section 4, Act No. 40 of 1922. That section of the act must be read as a whole and all its parts construed together. It provides that the governing authorities of municipal corporations, including cities, towns, and villages, “may fund into bonds of the municipal corporation the avails or residue of their general alimony tax for the following purposes, and none other, to wit: pawing, improving and maintaining streets or alleys and for all municipal improvements, namely, constructing bridges; purchasing or constructing waterworks, sewers, drains, lighting and power plants, artificial ice and refrigerating plants; public parks; school houses; teachers’ homes and improvements.” (Italics ours.)

It is argued that no municipal improvements were intended to be included except those named following the word “namely.” If, as contended, the Legislature intended by using the word “namely” to exclude all municipal improvements except those specifically mentioned following that word, then a municipality could not use the proceeds of such bonds for paving, improving, and maintaining streets or alleys, because such improvements are not mentioned and cannot be said to be included within the meaning of any of the terms following the word “namely.” And yet in a clause which precedes the word “namely,” the act says in so many words that bonds may be issued for “paving, improving and maintaining streets or alleys and for all municipal improvements.”

To give the act the meaning suggested would not only exclude such municipal improvements as the paving of streets and alleys, hut the constructing of municipal court buildings, city jails or prisons, municipal auditoriums, etc. Such a construction would make the act a piece of absurd legislation. The lawmaker could not have intended to provide in one clause of the act that municipalities could use the proceeds of such bonds to pave, improve, and maintain streets and alleys and for all municipal improvements and to wipe out that provision with a clause immediately following.

The act, in section 4, contains a general grant of authority to municipal corporations to make all “municipal improvements.” Immediately following this clause is the word “namely,” and following it there is a specified list of improvements. The office of the word -“namely” following the general grant of authority was not to exclude any particular municipal improvement which might, be reasonably included within the general grant, but ■ to make certain the inclusion of those specifically named.

The word “namely” follows immediately the clause “and for all municipal improvements.” The word “namely,” according to Webster, has the same meaning as the word “videlicet,” which means literally “it is easy to see, one may or can see.” The word “videlicet” is derived from the Latin words “vide,” to see,’and “licet,” it is permitted. It is a name given to the phrases “to wit,” “that is to say.” 40 Cyc. 204. “To wit” is “a phrase, the office and effect of which is to particularize what is too general in a preceding sentence, and to render clear and of certain application, what might seem other *611 wise doubtful or obscure; words used to call attention to a more particular specification of what has preceded.” 38 Cyc. 591. “ ‘To wit,’ called ‘videlicet,’ is a phrase which in its popular sense means ‘namely.’ ” 63 C. J. 86. “ ‘Namely’ is a term which imports interpretation, that is, indicates what is included in the previous term.” C. J. 364.

By using the word “namely” in the statute immediately following the clause “and for all municipal improvements,” and then following the word “namely” with a specified list of improvements, the lawmaker merely intended to make it clear that those mentioned in the list were to be included within the meaning of the general term “all municipal improvements,” or to “render clear and of certain application what might seem otherwise doubtful or obscure.”

The purpose of Act No. 40 of 1922, as expressed in its title, was “to authorize parishes and municipal corporations to fund into negotiable bonds the avails or residue of their general alimony tax authorized by the Constitution and regulating and prescribing the procedure therefor.”

The particular constitutional provision referred to is paragraph (e), § 14, art. 14, of the Constitution of 1921, which, as relates to municipal corporations, reads as follows:

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Bluebook (online)
154 So. 622, 179 La. 605, 1934 La. LEXIS 1415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrison-v-city-of-shreveport-la-1934.