Conley v. City of Shreveport

• Decision Date: 30 June 1949
• Docket Number: No. 39344,39344
• Citation: 216 La. 78,43 So.2d 223
• Parties: CONLEY v. CITY OF SHREVEPORT et al.
• Court: Louisiana Supreme Court

Page 223

43 So.2d 223

216 La. 78

CONLEY v. CITY OF SHREVEPORT et al.

No. 39344.

Supreme Court of Louisiana.

June 30, 1949.

Rehearing Denied Nov. 7, 1949.

Garrett & Pleasant, Shreveport, for plaintiff-appellant.

Ben F. Roberts. J. N. Marcantel, Shreveport, Frank H. Peterman, Alexandria, Henry Bernstein, Jr., Monroe, for defendants-appellees.

MOISE, Justice.

From an adverse judgment, denying the relief prayed for, the plaintiff prosecutes this appeal.

The petitioner, a resident taxpayer, engaged in the construction business relating to sewerage and water lines, brings this action against the City of Shreveport and the Commissioner of Public Utilities, seeking to enjoin certain construction work being performed through that city's own crew, which extends the sewerage and water system. He alleges that this work is now being done without letting a contract to the lowest responsible bidder, and that by virtue of the provisions of Act No. 73 of 1926, as amended, when public work exceeds the sum of $1,000, it is the duty of the municipal authorities in all such cases, to let the work by contract because such construction word is neither emergency nor maintenance but is new extension work. A supplemental and amended petition was filed in which it was alleged that two other projects are in the course of construction, which will be completed by the City's own crew, unless prohibited by injunction.

The defendant answered admitting that the various jobs described in the original petition had been performed; that they intended to proceed with the same policy they had followed for many years; that the work was done for maintenance and repairs of the water and sewer lines, and that, even where there is no extreme emergency, the City is not prohibited by law from using its own crew to do the necessary labor; and that such procedure is to the best financial interest of the City and results in savings of thousands of dollars, and avoids delays that would be expensive and injurious.

On the trial of the rule to show cause why a preliminary injunction should not issue, the district court rejected plaintiff's demands, holding in substance that the interpretation of the provisions of Act No. 73 of 1926 as amended, sought to be invoked by the plaintiff would render the Act invalid in part because of an enlargement of the constitutional limitations imposed with reference to the title of legislative acts. Art. 3, Sec. 16, Const.1921.

The plaintiff, through his counsel, has argued, with great zeal and ability, that the district court is in error in its interpretation of the Act in question, contending that the title forms no part of the law and that it can be brought in aid for interpretation only where there is doubt or ambiguity of its provisions.

In the enactment of a statute the Legislature is supreme, except when restricted by constitutional authority. Bozant v. Campbell, 9 Rob. 411; New Orleans v. Graihle, 9 La.Ann. 561; State v. Hufty, 11 La.Ann. 303; In re New Orleans Draining Co., 11 La.Ann. 338; Hunsicker v. Briscoe, 12 La.Ann. 169; Avery v. Police July, 12 La.Ann. 554; State v. Gutierrez, 15 La.Ann. 190; State v. Volkman, 20 La.Ann. 585; New Orleans v. Lusse, 21 La.Ann. 1; Crescent City Gaslight Co. v. New Orleans Gaslight Co., 27 La.Ann. 138; Excelsior Planting &c. Co. v. Green, 39 La.Ann. 455, 1 So. 873. To determine the extent of such restriction we are bound to consider both the title and the body of the Act. The contention urged by the plaintiff follows the doctrine upheld in England. However, the reason therefor is that in our Mother Country the titles to the Acts of Parliament are added by the Clerk and, therefore, they form no part of the law. Under our Constitution, if a statute has no title there can be no law. An act must be restricted to one object and this must be expressed in its title. The decisions of this Court construing the provisions of Article 3, Section 16 of the Constitution have interpreted the word 'object' as applied to the law, to be the aim and purpose of the enactment, the 'subject' is a matter to which it relates and with which it deals:

The general subject of the law and not its details are to be found in the title, which would otherwise be as long as the body of the act. By some general but concise expression, as a title, the attention of legislator and citizen is to be fixed on the main subject matter, to which the details in the act itself are but auxiliary. State v. Harrison, 11 La.Ann. 722; Maranthe v. Hunter, 11 La.Ann. 734; State v. Adeline, 11 La.Ann. 736, State v. Daniel, 28 La.Ann. 38; [American Printing House for Blind,] Louisiana Board of Trustees v. Dupuy, 37 La.Ann. 188; Compagnie Francaise v. Board of Health, 51 La.Ann. 645, 25 So. 591, 56 L.R.A. 795, 72 Am.St.Rep. 458; McKeon v. Sumner Bldg. &c. Co., 51 La.Ann. 1961, 26 So. 430; State ex rel. v. Michel, 125 La. 55, 51 So. 66; State v. Hincy, 130 La. 620, 58 So. 411; Ayers Asphalt Pav. Co. v. Hill, 3 Orleans App. 368.

In 37 A.L.R. 947, we find the following summation:

'The constitutions of most of American states contain provisions which ordain that the 'subject' or 'object' of each statute shall be expressed in the title. In the states belonging to this category the operation of the title is twofold. It is 'not only an indication of the legislative intent, but is also a limitation upon the enacting part of the law.'

'The judicial statements mentioned in the footnote show that there is some conflict of opinion as to the question whether the effect of these provisions is to render the title a part of an act, and that language expressive of diverse views is sometimes found in cases decided in the same jurisdictions.

'The preponderance of authority, it will be observed, is very decidedly in favor of an affirmative answer to this question. It is difficult to perceive any satisfactory ground upon which a definite statement which the organic law requires a legislation to prefix to a statute, and which not only purports to specify the contents of the formal enacting clauses, but also operates so as to invalidate any of those clauses which are outside the scope indicated by it, can be placed in any other category than that of a portion of the statute itself. * * *'

We know of no rule for interpreting the scope of legislative enactments other that that indicated by the title and the language contained in the enacted clauses of the act taken in connection with the purpose of the law.

Article 3, Section 16 of the Constitution of 1921 reads as follows: 'Every law enacted by the Legislature shall embrace but one object, and shall have a title indicative of such object.'

The last amendment of the title of Act No. 73 of 1926 is contained in Act No. 20 of the Fourth Extra Session of 1935, which reads as follows:

'Section 1. Be it enacted by the Legislature of Louisiana, that the title of Act No. 73 of the regular session of 1926, as amended by Act No. 190 of 1928, be and the same is hereby amended and re-enacted so as to read as follows:

"An Act relative to the proper letting of contracts for the purchase of materials or supplies, or the doing of public work, by the parochial, municipal and other public corporations and political subdivisions of the State; providing the method of letting such contracts; prescribing a penalty for the violation of the provisions hereof; and repealing all laws or parts of laws, general or special, in conflict herewith."

In considering the language of the Act in question, we will use as a yardstick the rule of interpretation as hereinabove outlined. The title to the act in question pertains to the 'letting of contracts'. There is no fault to be found with the title. The objectionable part, however, is that the body of the Act seemingly goes beyond the title, because Section 1 of the Act declares that all work to be done exceeding $1,000 shall be advertised and let by contract and it also states that the letting shall be to the lowest responsible bidder, who has bid, according to the contract's plans and specifications. This section also provides that contracts to be let for such work shall not be advertised where the amount does not exceed $1,000, if the governing authorities do not think it necessary. Amendment, Act No. 374 of 1948. What is most significant is that the title to the act does not prohibit the City from doing its own work nor does the title expressly say that all work must be done by contract, and the language used in the title and the body of the Act would make it manifest that the title makes no reference to work done by the municipality with its own force but only to work which is done under contract.

This Court cannot change the title of the statute and when any of its provisions go beyond the constitutional injunction imposed, the Act is invalid to that extent. If the Court could extend the Act by working in some object not embraced in the title, we would alter the enactment and become ourselves the aggressors and violate both the law and the spirit of the constitution. If we can add to the enactment, we can take away; if we can mend, we can mar; and to extend the title other than relating to the one object--the letting of a contract--is not to decide a judicial controversy but to write in another sentence, thereby assuming a position of authority over the actions of another co-equal branch of the government, the...