New Orleans Taxpayers' Protective Ass'n v. Sewerage Bd. - 237 U.S. 33 (1915)
U.S. Supreme Court
New Orleans Taxpayers' Protective Ass'n v. Sewerage Bd., 237 U.S. 33 (1915)
New Orleans Taxpayers' Protective Ass'n
v. Sewerage & Water Board of New Orleans
Argued March 11, 1915
Decided April 5, 1915
237 U.S. 33
The fact that water used for drinking and bathing goes into the sewer after it has been used does not make it water for sewerage purposes. Act No. 270, Louisiana, of 1908, and ordinance of the City of New Orleans thereunder establishing rates for water for drinking and domestic purposes other than sewerage is not unconstitutional as impairing the obligation of the statute of August, 1897, providing for free water for sewerage purposes.
Where the later act complained of goes no farther than the prior act, the obligation of whose contract is claimed to have been impaired, there is no ground for invoking the jurisdiction of this Court under § 237, Jud.Code, and the writ will be dismissed.
The facts, which involve the constitutionality under the obligation of contract clause of the federal Constitution of certain statutes of Louisiana and ordinances of New Orleans relative to drainage and water supply, are stated in the opinion.