81 So. 367 | La. | 1918
Plaintiffs’ grounds of attack upon the ordinance are summarized in the brief filed in their behalf, substantially as follows: That the town has reached its full development and requires no additional territory; that 50 per cent, of its lots are unoccupied; that each of the plaintiffs established its plant without reference to the town, and has its own waterworks, electric light, and police; that plaintiffs’ properties can derive no advantage from being included within the corporate limits, but will suffer the disadvantage of additional taxation, to which the owners object; that none of that property is for sale, nor will it be placed on the market, if so included; that law and order are better preserved thereon than within the town, but that the “Independent Quarters,” which belong to neither of the plaintiffs, should be taken into the town for the better preservation of law and order; that no question of health or sanitation is involved; that plaintiffs now contribute largely to the town treasury by the payment of taxes on property already within the corporate limits; that the sole purpose of the ordinance here complained of is to bring in the corporate limits of Oakdale the valuable mill plants and property of the plaintiffs, in order to increase the revenues of the town. Counsel for
the town, by way of defense, allege the need of police protection and sanitary regulations about the mill plants and quarters; that the proposed extension represents the actual growth of the town; and that inhabitants of the town and of the territory included by the ordinance have become one community. The evidence shows that in 1902 Oakdale was a village, or hamlet, with about 200 inhabitants; that in 1905 the population had increased to 1,000 or more, and it became a town, though so far as appears from the record, it could then boast of but one sawmill, which was a small affair. What progress it
“Q. How is the demand for real property in Oakdale? A. Very strong. Q. Is the demand greater than the supply or less? A. I find it greater. Q. In other words, not enough rent houses to meet the demand? A. No.”
Another witness, engaged in the real estate business, testified that he moved to Oak-dale in July, 1916, that he plotted a 10-acre tract just outside of the town and sold it, then a 5-acre tract, and sold that, and then sold a good portion of a 26-acre tract, plotted by another person; that he owns 22 houses near the hardwood mill, and meets with good success in renting them, and that in the Independent Quarters he could rent 20 to-morrow, if he had them. Another witness, called for plaintiff, who had been living in Oakdale for 11 years, engaged in the insurance business, was recalled to furnish information (as we infer) which he had been requested to obtain, and asked, “How many brick buildings are there in the town of Oak-dale that are vacant at this time?” to which he replied:
“There is a building formerly occupied by the Oakdale State Bank that is vacant, and last night I noticed a building next to Fenkstein’s stare. Then there is an office in the front of the new brick theater, and there are two or three offices in the Oakdale State Bank building, up stairs, that are vacant, and there is, perhaps, an office vacant over the Standard Drug store.”
Cross-examination:
“What is the cause of the brick building being vacant at this time? A. Calcasieu Bank moved to the Oakdale State Bank. * * * I think, about the 1st of June.”
Beyond that, it is shown that there were a few negro houses for rent, but that a white man had had an agent endeavoring to procure a house for him for some time without success. It appears that plaintiffs have their waterworks, or wells, from which they supply their own employes, but it is not shown that they supply other people who live near their plant. One of the witnesses (á physician) testifies that he considered the sanitary condition of the Independent Quarters bad. He was asked, “Have you been in any of the other mill quarters?” to which he replied, “I have.” 1-Ie was then asked “What are the conditions in there?” to which counsel for plaintiffs objected that it assumed a fact not proved, and, the objection having been sustained, the question was not repeated, and remains unanswered, which does not prove, however, that the quarters of the plaintiffs are in good sanitary condition. The Inde
The judgment appealed from is, therefore, Affirmed.
Note. — A rehearing was granted in this cause, but later on the case was compromised and dismissed on joint motion.
See sketch on next page.