Village of Cedar Grove v. Bartmess
Supreme Court of Louisiana
Appeal from Mayor’s Court, Village of Cedar Grove; W. E. Payne, Mayor. U. S. Bartmess was convicted .of the violation of an ordinance requiring payment of street tax or work on street, and condemned to pay the costs of the prosecution or to be imprisoned. Motion to quash affidavit overruled, and he appeals.
1Opinion of the CourtO’Niell, J.
The defendant, appellant, was prosecuted for violation of a municipal ordinance requiring every able-bodied male inhabitant of the village, between the ages of 18 and 55 years, to pay a street tax of $3 per annum or work 6 days on the streets. He filed a motion to quash the affidavit, on the ground that the ordinance was ultra vires and illegal, because as he alleged, it purported to levy a street tax, whereas the legislative authority invoked — i. e., Act No. 17 of 1910 — merely authorized the municipality to compel the. inhabitants to work on the streets of the village. The motion was…
2Cases cited1 opinion
- Parish Board of Directors v. HebertSupreme Court of Louisiana · 1904
3Cited by1 opinion
- Nichols v. BryanSupreme Court of Louisiana · 1917