Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-05

ton district, under the provisions OF this
act, and when so organized such dis
tricts shall have the powers conferred,
or that may hereafter be conferred, by
the law Of such irrigation districts"
Then follows specific rules for the
organization OF the district, including
the submission OF the question 20 the
qualified voter OF the district. Aud
upon the subject Of the ratio Of the
distribution Of water, the act provides.
And Il Is hetcby expressly provided
that all waters distributed for irrigation
purposes shall be apportioned raiably to
each land owner upon the basis OF the
ratio which the last assessment OF such
owner for district purposes within said
district bears to the whole sum assess.
ment upon the district; provided, that
any land owner may assign the right TO
the whole or any portion OF the waters
so apportioned to him.
Then follows provisions ios the ac-
quisition Of land and water rights. the
title 10 which IS to invest In the irfiga.
ton district. the issuance OF bonds and
their payment.
For raising funds for the acquisition
Of property, maintenance Of the same
and payment Of bonds, the act provides
that: The assessor must, between the
FIRST Monday in March and the first
Monday Ia lunc, M each year, assess all
real property IN the district to the per.
sons who own, claim, have the pos.
session or control thereof, at its full cash
value"
See. "a provides as follows: 1.-THE
board OF directors shall then levy an
assessment sufficient to raise the annual
interest on the outstanding bonds, and
at the expiration Of ten years alter the
Issuing OF bonds Of any issue, must In.
crease said assessment to an amount
sufficient to pay the principal OF the out
standing bonds as they nature"
The following sections provide; That
the assessment shall be lien against
the property assessed until paid, or the
property sold Tor the payment thereof.
Then follow provisions Tor the sale OF
the property aud the issuance Of collec.
tors certificates, and the time and
manner in which the property so sold
may be redeemed.
1, will be noticed upon examination
that the act provides Tor the assessment
Of all the real property within the dis.
trict, including city and town lots and
all the improvements thereon, at their
full cash valuation, and Of necessity
great portions Of the lands assessed are
not directly benefited by the applicA-
ton OF water for irriga,ing the same.
The law in question has been neid b
be constitution u by the Supreme court
OF California IN number OF cases. But
recently Mr.. justice Ross In the United
States circuit court, VA the case Of Brad.
ley vs. The fallbrook Irrigation district
and others declared the Wright law to
be unconstitutional and upon some OF
the very points that were considered by
the California Supreme court.
The principal ground taken for his
decision were two; Fist, under
the law property was taken from
private owners by means OF as.
sessment aud sale OF the same,
without "due process OF law" and
therefore in violation Of the XIV amend
ment OF the Federal constitution, and
without aiiording the owners any oppor-
tunity to be heard In opposition to the
validity OF the proceedings. Second,
that the property so taken was no, Tor a
public purpose.
Taking up these two points In their
order we will first consider what Is due
process OF law, within the meaning and
interest Of XIV amendment TO the Con-
stiiuiion OF the United Siates1
AS to what constitutes that process is