Omaha daily bee., 1896-11-18

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now kind OF crop, whlc not substantially
bcnontug IL for the cultivation OF the old
kind which n had produced In reasonable
quantities and with ordinary certainty and
success without the aid of artificial irrgJ-
tion. Tho question whether amy particular
land would thus bc benefited is uuCos rtiIy
one Of fact
on the subject Of the true construction
OF the act the court considered th" pucs-
tion as TO whether there is any Dpuur-
tuulty provided for "a hearing upon notice
TO the landowners Interested iu tho Uuua-
ton whether their lands viii Doe benefited
by the proposed irrigation, reaching the
conclusion chat the right 20 q hearing I'm
regard TO an these facts D. given by Tho
act and that IL has been practically so
construed 10y the supreme court of cali
forna
The act rrovl1es for hearing of tho
landowner both as to the question whether
his land VIII bc benefited 10y the proposed
circulation and. when that has been de-
Cilpd in favor Uf tho benefit. upon tho
question of tht valuation aud assessment
upon his land iurluded I'm the district. As
to other matters the district can Doe created
without notice to any one. our conclusion
is that the act as construed with reference
to the objections considered under this
third head is unassailablo.
sT,Tr,,s .so,Ept,tc>, POWER
Replying 10 othcr CRITICISMS OF inc a'i'
one OF which was that IL takes property
without due process Of law, the opinion
eavs.
-, l. ~, ,,r.,i,,,,i,,,
, NIlHouEH N'lr ~ ~ l''li "" i',,,.,,, ",
bojW''u ,'s,.SSihyut ,"l !u,hl .'n' ~
nltHs nl' tu, -, "' d, 20 ,,N, ,,,,
tmU ] lu''i,g' ~ SUI, ~ t''r b,,.,n,, tbrir
Pomtl iH ~ t'' ,,"'I,t, ,"Ir,, ,,,, r nC ~ 5,,,tinn
w., ,,i, t i, i, , y IT, ,ir,,,5 to his
,Mu1loE'I pnIr'lloLS ,',,'S t W t 49, ,3 i'' t
hs'u VI "h ,9 u,'t'' ~
OF lu' SlHt, cong llulloI'', N'I ~ W ,
uouII , nnr Wtiu H., ,,,I, ,I,r ~ t T rs, 1nj
we louo" lls luuEin'hi IN lBa' ,Is'' @ @au'
our attention must BE directed to the qu, 81,
constitution ls sb"Wh IN Suvn an s nSs' 81, ,
ihthI. 5"i' az, ~" N"to m en- ''' @ =,
smeb e % an assessmc1t gs 0 os is 9' Provided for in
sections ~ ~ u ana - OF ln, aSl De
IcsaLy IrNltI III Su', II o,'"o ~ IN In'S Is ~
sumo tar r ino in, T'g ,ro,H OF ] Tbirh
nehtS LOT lo.li improvements upon wiz u
On 'S g S or The Is b,nG , '%y roSycya5 amI nat
no land ought in justice to he assessed for
a greater sum than the benefits received
by It, yet 1t is plain that the amount OF
amp ngnSt'ts rs m9f Ui tnn, ~,
d,,,,, ti,, i ,,,tr snr, r,no,g
of arriving nj this amount must be used
and the same method may be more or less
accurate i'm different cases involving diff
fercnt facts. Some choice Is to be made
and where the fact of some benefit accrti-
Ing to All the lands has been LEGALLY found,
can It be that the adoption of the ad
valorem method of assessing the lands is
TO be held a violation of the federal con
stitution? 1t seems to us clearly not 1t
is one of those matters of detail i'm arriving
Mt the proper and fair amount and proper
tion of the tax that Is to bc levied on the
land with regard to the benefits it has re-
cCivcd which f. omen to the discretion of
the state Legislature and with which this
vnw ,U 'o,mE 10 , no. m T i
some instanrGs incguit"iio and ,iInaauai
bnt tbnt is r,r FROM, risir, ia ~, i"vnI ot
n constitItinr,I nrmhil,, 9rJ Fmr iron, a
caen Of tolyir,, ,,ra,crt,, ,sitb,,,t l,,,. ,,r1.
Tbc ,nntEnd of ,esoss,,,,,t bor, lo.t
Cor rnay not bc tb Lnsi o,iiI ,iiIi nv,
benn odontcl In ordnr tn nc,,,n,niier, tl,,
,,nst ,1,,I,i ,,'I -, - ','itit' -
,ntnr lf ,bo ''" ~, t,t ,, ~ 80,
lose va ore unobIo 70 10, ~ ~ !, r,,,s ,,,s
countor to onv nroyisions or tbc F.i,r,
cnpstituti,r nI,1 10 ,,I,st c,,. ,L,t ,.,nslr
hold TO tho obirction hero considered to u,
iintorobie '''' ' '' ~ ~
nIr ,,,.,> mo r,r, o,,r,,.r,,,
AhI' LAND IO Bh OPENED.
Justice Pcckham devoted considerabl,
norton of his decisioh TO nm eyhibition o
H., imnoTt,r,ne Nrcsntin,y no ,stirI,ta tbo
~ ariI b,I, i,oI,,, so6 GGo Soo go 80 I,d
Inc an oe'' i"e'u'S 'oo'Voo'o'o acres Vi l'hu
no salu
OF this enormous total artificial irrigation
has thus far been used only upon about
3500,0OO acres. OF which slightly over 1000
600 acres lie in the state of California. II
was stated by counsel that something OVol
thirty irrigation districts had been organ
lied I'm California under the act In Qucs
Ior ana ,na' c 3 69 I0tal Goo p"nHiI inu,httanes
I,, tho yri ~" ] 10
visions of tbo act, and that moro han IS
600 900 of the bonds had been sold and IN,
money used for the acquisition of crop
erty and water rights and fer the construc
ton OF works necessary FOR the irrigation
OF tne Iah"s coh'alhed IN th' various ais
Whether these stote,norts oro ro,rec,I,
accurate or not is a matter of no great i'm
portance, as IL has been assumed by Mi thn,
numbers of districts have been formed
under the act and a very large indebted
ne ness s..aIE alrenIE incurred ana that more vii
,iS IL" m %pc,ure % an tnc "lSlrGtS VIII ID
these moneys, If the net be valid mus
eventually be repaid from assessment
Ia Iegied upoh me Iands embraced within th'
currin, rtnrnst lt'7 m''G% I'M %,me aInualy re-
also to- he renajd I'm tbn Sane ua,. ',I,,p,
the California act MS n model A. vns aIs,