The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1878-08-31
THE DRAINAGE AMENDMENT.

AS our readers have already been advised,
the people of Illinois are called upon, at the
election in November next, to vote on the fol
lowing proposed amendment to the state con-
sttution:
"Thc General Assembly may pass laws per
hitting the owners Of lands to conduct drains,
bitches and levees for agricultural, sanitary or
mining purposes, across the lands of others,
and provide for the organization OF draining
districts, and vest the corporate authorities
thereof with power to construct and maintain
drains, bitches and levces and keep III repair all
drains. bitches and levccs heretofore construct.
ed under the laws of this state by special as
cssmcnt upon the property benefited there
by"
We find in the Pike County DemocrM a let
ter from the Hon. A. c. Matthews in which
the reasons and necessity for this amendment
are so ably and fully stated, that we copy it as
all that need be said on the subject;
To those familiar with the legislation and
decisions Of our Supreme Court on this sub
iect, an explanation is not at all necessary. So
thoroughly were the members apprised of the
importance of the amendment, that there were
recorded against its passage but two votes in
the house, and it passed without dissenting
vote in the Senate -
The General Assembly IN 1874 (See Statute
of 1S74) under the supposed powers contained
in Sec. 81 of Art. 4, of the constitution OF 1870,
passed IA general act entitled AN act to pro
vide for the construction of drains, bitches,
levees and other works." containing some fifty
six sections, providing for the construction of
drains, bitches, lcvecs and other works, for
agricultural and sanitary purposes, to be paid
fnr hx, nf Snppial uggnsgmpptS made
against the land benefited hy the works in
proportion to the benefits, and not against 9th
er lands.
BY reading that act carefully, it will be OBJ
served that sll the vitality it has is the right
To go upon and tax the lands benefited to pay
for the construction of the work.
This right our Supreme Court has decided
cannot be exercised under Sec. 81, Art. 3, of
the present constitution, by its construction IN
three different cases.
The first went up from Crawford county,
and was decided IN 1873, and can be found IN
slst Ill. Repts. pg. 49-Updike vs.. Wright.
Another case went ~ from this county which
has not been reported, but the first case covers
the whole ground
The third case went up from some county
on the Wabash and is not reported. The Su-
plcme Court goes farther and holds that un-
der section ., Art. 9, of the constitution of 1870,
which they hold To be limitation on the tan
ing power, that the General Assembly has no
right to delegate To any corporate authority,
except that of cities, towns and villages, the
right to make local improvements by special
assessments, or by special taxation of contigu-
Gus property. (Sec also case OF Updike vs..
Wright) ......
There was u like holding under the constl-
tuition Of lS4s (Scc Slst Ill. Rept. pc. 3lS, 5lst
N ID. alsn t-fh Ill RapS
PIP. IA and sd ILL., Repts. p l05.
II YOU will examine these cases carefully
YOU will find that all our legislation that can
be Of any general Importance on the subject OF
drains. bitches and levees has been held un-
constitutional
Some time last winter | had conference
with Mr.. Fisher of the Agricultural Depart
ment at Springfield. To get this matter before
the people, and Ia show the facts, he undertook
10 get through his correspondents, at my sug
gcstion, Il table showing the number of acres
of swamp lands in the State their present val
Tie and their value when reclaimed, As they
might be under general drainage law, based
upon the proposed amendment To the constitu-
ton. in the event of ITS adoption His CORES
pondcnts are among the most intelligent farm
crs in the State. lie finds there are one mil
lion eight hundred and thirteen thousand and
ninety-siX acres of swamp land in the State,
which are now valued at twelve million eight
hundred and siN,y.ninc thousand two hundred
and eighty-siN dollars, and which will be
5,orth When reclaimed fifty-two million nine
hundred and three dollars, being an increase
in value Of forty million eighty-nine thousand
three hundred and seventeen dollars. The in
crease is about twenty-threc dollars per acre
These figures, have no doubt, are in the
man correct
The Chicago Tribu., in "a late article on
this subject, among other things, states that
III is not eNtmyagant 10 assume that leaving
out Of the calculation the lands along the river
bottoms. and those requiring the construction
of levccs for their protection. in two years. by
ordinary ditching. thing and other drainage,
there can bc rescued from water and put in
cultivation n least 100000 acres of as good
and productive corn land as can be found in
the State equal 10 an addition Of 100000
bushels of corn or 2.0OO,OOO Ia the number of
hogs produced annually in this state.
The cost distributed among the owners, each
man supervising his own expenditure will be
small when compared with the returns"