Melville Fuller

“ In this class of cases, it is necessary to the exercise of original jurisdiction by the circuit court that the cause of action should depend upon the construction and application of the constitution, and it is readily seen that cases in that predicament must be rare. Ordinarily, the question of the repugnancy of a state statute to the impairment clause of the constitution is to be passed upon by the state courts in the first instance; the presumption being, in all cases, that they will do what the constitution and laws of the United States require. ”

“ In 1875 (Laws La. 1875, p. 35, No. 16) an act was passed to the effect that the total amount of apportionments should be divided into 12 equal parts, and that weekly settlements of taxes collected should be made, and that whenever the city of New Orleans, or any city or parish making part of the police district, should fail to pay the full amount of its pro rata share for any month, the tax bills should be transferred to the Metropolitan police board for collection. ”

“ It is insisted that the city stands in the position of a debtor for taxes collected on police board apportionments, and for the amount of the apportionments themselves, so far as outstanding. If this were so, and the police board were still in existence, and liable to suit, then complainants would be obliged to recover judgment against the board, and proceed against the city by way of creditor's bill to enforce the collection. ”

“ Bernard were united into a district called the 'Metropolitan Police District of New Orleans, State of Louisiana,' and a board created, styled the 'Board of Metropolitan Police,' upon which were conferred the powers and duties pertaining to police government and discipline in that district, with power to issue warrants and certificates for the payment of the police, and other expenses. ”

“ These expenses were to be borne by the cities, towns, and parishes of the district, and apportionments or estimates thereof were to be made annually by the board against each of the cities and parishes, which were to be 'binding upon the respective cities and towns interested therein,' and the cities, towns, and parishes were empowered and directed to annually levy and collect taxes to raise the sums of money so estimated and apportioned, to be paid over to the state treasurer, and constitute a fund to be paid, out on warrants as provided. ”

“ Chicago & A. R. Co. v. Wiggins Ferry Co., 108 U.S. 18, 1 Sup. Ct. 614, 617. And, if there be ground for complaint of their decision, the remedy is by writ of error, under section 709 of the Revised Statutes. ”