City of New Orleans v. Dameron, 24385

CourtLouisiana Supreme Court
Writing for the CourtMONROE, C. J.
Citation149 La. 535,89 So. 685
Docket Number24385
Decision Date04 October 1921
PartiesCITY OF NEW ORLEANS v. DAMERON et al

89 So. 685

149 La. 535

CITY OF NEW ORLEANS
v.

DAMERON et al

No. 24385

Supreme Court of Louisiana

October 4, 1921


Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge.

Action by the City of New Orleans and Martin Behrman, Mayor, against Frank Dameron and others, as members of a state commission, for injunction, and preliminary writ issued as prayed for, and subsequently the State was substituted for the original defendants, and from a judgment dismissing their rule to dissolve the injunction, the State and the Governor, through the Attorney General, procured a devolutive appeal.Judgment appealed from affirmed as to the plaintiff Martin Behrman, and reversed as to the City of New Orleans, and preliminary injunction held no longer in force.

Judgment appealed from affirmed as to the plaintiff Martin Behrman, and reversed as to the City of New Orleans, and preliminary injunction held no longer in force.

A. V. Coco. Atty. Gen., L. E. Hall, Asst. Atty. Gen., and P. A. Sompayrac, of New Orleans, for the State.

Isaiah D. Moore and John F. C. Waldo, both of New Orleans, for appellee Behrman.

OPINION

[149 La. 537] Statement of the Case.

MONROE, C. J.

Act 37 of the General Assembly of 1920 created a "commission," the members of which were to be, and were appointed [89 So. 686] by the Governor, for cities having a population of over 100,000 inhabitants, and imposed upon it the duty --

"to investigate the management of all municipal boards and commissions located or existing within the limits of said cities, and all the departments of said cities' governments, and each parochial and municipal office of said cities, and of the affairs and form of government of said cities, and to make report of its findings and recommendation to any constitutional convention that may be called by the present General Assembly, and the next session of the General Assembly, and to the Governor, from time to time, whenever requested by him so to do, to the end that the people of said cities may be helped to obtain that form of government which will best lend itself to service and efficiency, and that will not serve as a cloak or agency for the construction and maintenance of a political ring or rings," etc.

The act provided for the organization of the commission, authorized it to employ officials, clerks, etc., and fix compensation; to summon witnesses, compel their attendance and examine them; to call for books and papers; and appropriated $ 25,000 for the payment of its expenses.

As there is not, and has never been, and is not likely to be, for some years to come, a city in Louisiana, except New Orleans, with a population exceeding 100,000, it is evident that the act was intended to apply to New Orleans, and is inapplicable to any other city. The city of New Orleans, so regarding it, therefore, by authority of its council, and through Martin Behrman, its mayor, and Martin Behrman individually, in his capacity as an elector and taxpayer, brought this suit, attacking the constitutionality of the act in question, and praying that a preliminary injunction issue prohibiting the members named by the Governor from...

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6 practice notes
  • State v. Standard Oil Co. of Louisiana, 34386
    • United States
    • Supreme Court of Louisiana
    • November 2, 1937
    ...comes within the class of persons affected by it. * * *" 12 C.J. 760 et seq. See, also, City of New Orleans v. Dameron et al., 149 La. 535, 541, 89 So. 685; State v. Thrift Oil & Gas Co., 162 La. 165, 110 So. 188, 51 A.L.R. 261; Bruning v. City of New Orleans, 165 La. 511, 115 So. ......
  • Ricks v. Department of State Civil Service, 36529.
    • United States
    • Supreme Court of Louisiana
    • March 30, 1942
    ...the statute comes within the class of persons affected by it. * * *' 12 C.J. 760 et seq. See, also, City of New Orleans v. Dameron et al., 149 La. 535, 541, 89 So. 685; State v. Thrift Oil & Gas Co. 162 La. 165, 110 So. 188, 51 A.L.R. 261; Bruning v. City of New Orleans, 165 La. 511, 11......
  • Sluys v. Finfrock, 26009
    • United States
    • Supreme Court of Louisiana
    • March 2, 1925
    ...by reason of any actual personal right to be vindicated or wrong to be redressed under its provisions. City of New Orleans v. Dameron, 149 La. 535, 89 So. 685; State v. Rogers, 148 La. 653, 87 So. 504; State v. Testa, 152 La. 951, 94 So. 895; State v. Coco, 152 La. 241, 92 So. 883. (3) A wr......
  • Dore v. Tugwell, Nos. 42426
    • United States
    • Supreme Court of Louisiana
    • November 7, 1955
    ...interest in a statute, and who is not injuriously affected by its enforcement, to assail its validity. City of New Orleans v. Dameron, 149 La. 535, 89 So. The respondents profess that the holding in the Heard case was prompted by the peculiar facts therein under consideration and, hence, is......
  • Request a trial to view additional results
6 cases
  • State v. Standard Oil Co. of Louisiana, 34386
    • United States
    • Supreme Court of Louisiana
    • November 2, 1937
    ...comes within the class of persons affected by it. * * *" 12 C.J. 760 et seq. See, also, City of New Orleans v. Dameron et al., 149 La. 535, 541, 89 So. 685; State v. Thrift Oil & Gas Co., 162 La. 165, 110 So. 188, 51 A.L.R. 261; Bruning v. City of New Orleans, 165 La. 511, 115 So. ......
  • Ricks v. Department of State Civil Service, 36529.
    • United States
    • Supreme Court of Louisiana
    • March 30, 1942
    ...the statute comes within the class of persons affected by it. * * *' 12 C.J. 760 et seq. See, also, City of New Orleans v. Dameron et al., 149 La. 535, 541, 89 So. 685; State v. Thrift Oil & Gas Co. 162 La. 165, 110 So. 188, 51 A.L.R. 261; Bruning v. City of New Orleans, 165 La. 511, 11......
  • Sluys v. Finfrock, 26009
    • United States
    • Supreme Court of Louisiana
    • March 2, 1925
    ...by reason of any actual personal right to be vindicated or wrong to be redressed under its provisions. City of New Orleans v. Dameron, 149 La. 535, 89 So. 685; State v. Rogers, 148 La. 653, 87 So. 504; State v. Testa, 152 La. 951, 94 So. 895; State v. Coco, 152 La. 241, 92 So. 883. (3) A wr......
  • Dore v. Tugwell, Nos. 42426
    • United States
    • Supreme Court of Louisiana
    • November 7, 1955
    ...interest in a statute, and who is not injuriously affected by its enforcement, to assail its validity. City of New Orleans v. Dameron, 149 La. 535, 89 So. The respondents profess that the holding in the Heard case was prompted by the peculiar facts therein under consideration and, hence, is......
  • Request a trial to view additional results

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