James v. Rapides Parish Police Jury

113 So. 2d 88, 1959 La. App. LEXIS 1202
CourtLouisiana Court of Appeal
DecidedMay 27, 1959
DocketNo. 9004
StatusPublished
Cited by43 cases

This text of 113 So. 2d 88 (James v. Rapides Parish Police Jury) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James v. Rapides Parish Police Jury, 113 So. 2d 88, 1959 La. App. LEXIS 1202 (La. Ct. App. 1959).

Opinion

HARDY, Judge.

This is an action by the plaintiff, Trenton L. James, as a citizen and taxpayer [90]*90of Rapides Parish, seeking an injunction prohibiting the Police Jury of said Parish from making a contribution, donation or payment to the Red River Valley Improvement Association, Inc. To the suit a number of other citizens and taxpayers joined the, plaintiff by way of intervention, and the Red River Valley Improvement Association, Inc., intervened as an interested party on behalf of the defendant. A temporary restraining order was issued, following which the case was tried on the rule for a preliminary injunction and judgment was rendered making the rule absolute and ordering the issuance of a preliminary injunction upon plaintiff furnishing bond as fixed by the court.

Following the above proceedings the trial judge, Honorable Walter M. Hunter of the Ninth Judicial District, issued an order recusing himself from further participation in the proceedings and appointed the Honorable Francis J. Gremillion, Judge of the Twelfth Judicial District, to hear, try and determine the suit.

Pursuant to a stipulation entered into by and between counsel for all parties, the matter was submitted for determination and judgment upon the record as constituted by trial of the rule for preliminary injunction.

For reasons assigned in a written opinion, the Judge a quo rendered judgment in favor of the plaintiff and the named in-tervenors and against the defendant, Rap-ides Parish Police Jury and the intervenor, Red River Valley Association, Inc., permanently enjoining the said Police Jury from making a contribution or donation in any amount to the Red River Valley Association, from which judgment the defendant police jury appealed to the Honorable The Supreme Court of the State of Louisiana, which ordered the appeal transferred to this court. James v. Rapides Police Jury, 236 La. 493, 108 So.2d 100.

Plaintiff bases his action upon the contention that the proposed payment of dues, representing membership in the Red River* Valley Improvement Association, violates the specific prohibitions of Sections 8 and 12 of Article IV of the Constitution of the State of Louisiana, LSA, prohibiting the use of public funds for the benefit of public or private associations or corporations. Defendant urges that, under the enumeration of the statutory powers of police juries of the State, such bodies are specifically authorized and empowered to engage in the construction of levees, dikes, drainage canals and like works (LSA-R.S. 33:1236, subs. 2, 3 and 12), and that in the performance of these duties a police jury has the right to engage the services of experts or to appropriate and pay funds to any private non-profit organization which is performing such services. Finally, it is urged on behalf of defendant that, under the doctrine of contemporaneous construction, courts should not upset a long established interpretation placed upon a statute by administrative-officials.

There is no dispute as to the facts involved. In regular session, on September 10, 19S7, the Rapides Parish Police Jury adopted a resolution authorizing the payment of “membership dues in the amount of $750.00 to the Red River Valley Improvement Association * * On the following day the petitioner, Trenton. L. James, who is a citizen, resident and taxpayer of Rapides Parish, instituted this-action to enjoin the payment by the Rap-ides Parish Police Jury of the sum of $750 as authorized in the above noted, resolution.

The Red River Valley Improvement Association is a non-profit corporation duly organized under the laws of the State, and the objects and purposes of said corporation are fully set forth in Article II of its Articles of Incorporation as follows:

“The objects and purposes for which this corporation is organized is: To promote, encourage and assist in the development of the Red River Valley and those of its tributary streams and [91]*91the territory adjacent thereto by promoting the building of such levees, reservoirs, dams, cut-offs, retards, channel corrections and other similar works, as will protect the land adjacent to the river and its tributary streams from overflow, and will permanently establish the regimen of the river and its tributaries and avoid the •caving and underscouring of the banks •of said river and its tributary streams; to encourage and promote interest in •drainage, irrigation and soil erosion •and the expenditure of such sums as •are necessary to properly drain, irrigate and protect the lands of the Valley; to encourage and promote the restoration of navigation upon the said river and its tributary streams; to ■iencourage the building of such hydro■electric plants as are necessary and economically justified for the utilization of water power which may be •developed upon the Red River and its tributary streams, especially those lo■cated in the states of Oklahoma, Tex.as and Arkansas; to encourage, promote and aid in the reforestation of the land constituting a part of the Red River Valley and its tributary streams, .and to encourage, promote and aid in the establishment of wild game and wild life refuges upon the reservoirs, lakes and streams located within the Red River Valley; to promote, entourage and aid in construction of recreational centers; and generally to promote, aid and encourage the development of the Red River Valley and the valley and territories of adjacent ■streams for its general economic improvement, whether said improvements be of the nature specifically named above or not.” (Emphasis supplied.)

There can be no question as to the established fact that the work of this incorporated body has resulted in incalculable benefits to the State generally, and particularly to those subdivisions located in the general area designated as the Red River Valley. The testimony of a number of public officials, as well as certain officers and employees of the Association, which was introduced on behalf of defendants on trial of the case, incontrovertibly establishes the vast benefit that is received by the public generally and, among others, particularly by the residents of Rapides Parish, from the work of the Association. Nonetheless, it must be observed that the Association itself does not actually perform any direct services in connection with the improvement and protection of the Red River Valley area but its activities are primarily directed toward (1) promoting and sustaining public interest in its work, and (2) serving in a public relations capacity in representing the interests and needs of the Red River Valley area before the Congress of the United States, the Corps of Engineers of the United States Army and other bodies. In this latter pursuit the Association has been instrumental in procuring needed appropriations from the Congress and in initiating and prosecuting improvement and control measures of immediate and constructive value.

Under these indisputable factual circumstances, there is not the slightest basis for questioning the value of the services rendered by the Association to the people of Rapides Parish, among others.

Proceeding to a consideration of the opposed contentions of the parties litigant, we note the prohibitory provisions of the Constitution upon which plaintiff relies, as follows:

“Article IV.
“§ 8.

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113 So. 2d 88, 1959 La. App. LEXIS 1202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-rapides-parish-police-jury-lactapp-1959.