The Advocate and news., 1899-03-29
House Bill No. 73O.

AN ACT providing for clearing obstruction
from and improving the water flow OF the
Marias des Cygnes River through Linn
County, Kansas.
Be 1t enacted by the Legislature Of the
State Of Kansas:
Section l. 1t Is hereby made the duty Of
the county commissioners OF Linn County
to appoint four persons, one to be appointed
from each OF the townships Scott, Lincoln,
Valley and Potosi, to serve as drainage
commissioner for said township, and each
persons so appointed shall be resident land
owners Of overfiowed lands along the
Marlas des Cygnes River, and such per-
sons when properly bonded and qualified as
may be required by county board shall con-
stitutep drainage board for the purpose
OF clearing out, widening and otherwise In
creasing the capacity Of water flow In the
Marias des Cygnes River. The county
beard In appointing said four persons shall
include one among them competent in en-.
gineering and skill to oversee and direct
the proper measurement and boundary OF
such Improvement as may be determined
by said drainage board. Such engineer
shall be chairman Of said board with au-
thority to call meetings at such times as
circumstances may require, but shall vote
only when needed to form a quorum, which
shall require three members present. said
drainage board shall elect one of their
number each year as clerk, and In any meet
ing when the clerk Is absent, the calrman
shall appoint one other member to serve
pro tenn In his stead and all business mat
ters shall be recorded In q well bound book
furnished for that purpose, and no business
shall be lawful II transacted by less than
three members or signed by three members.
Section 2. Such drainage board after hav-
ing given two weeks consecutive notice In
one or more newspapers Of general clrcu-
lation In said township plainly stating the
time and place Of beginning shall view and
determine what distractions prevent the
free flow OF water In the channel OF the
Marias des Cygnes River in Linn County,
~ 70 rrho vtyidth tho nhannpl
shall be cleared OF brush, timber, or other
distractions, and such other improvements
or changes of the channel Of said river as
will be conducive in Fastening the water
flow through and from Linn County, and
shall cause said channel to be accurately
measured and the width to be cleared to
be properly staked and the exact location
Of each section or block to be plainly set
out, and any person convicted OF removing
such stakes or changing any lines or marks
thus established, shall be fined in any sum
not less than five or more than hfty dollars,
together with all costs Of prosecution, any
Justice OF the peace in Linn County, KAN
sas, to have full Jurisdiction.
Section 3. Such drainage board shall con-
denim the right OF way Inside OK the space
to be cleared or improved by measuring
and stalking or the same, and II shall be
lawful for such board or any person to pass
to and from or along said right Of way
when engaged In viewing, measuring or
improving said river water flow.
AAlu ouCA OOdAu 10 AOkGbg dulAAOAlACN w
assess damages wherein their judgment the
damage TO any person, party or corpora
tion Is greater than the benefit derived,
and also to assess benefits when any spe-
cial benefit shall accrue to any person,
party or corporation above that common
benefit acquired in the proportion Of taxes
paid, and such assessment shall be due
and payable as other claims of like ma
ture, IL assessed as damages, to be paid
from the drainage fund and IL assessed as
benefits, to be collected as other taxes
against the person, party or corporation
benefited; Provided always, no person is
authorized to pass through or inJure any
cultivated crop outside Of the right of way
set out without consent of the proper own
ers thereof, and Provided always, any
claim for damages shall be presented to
said drainage board in writing plainly set
ting forth the name of claimant, amount
claimed and location Of the place or places
whereon damages are claimed.
Section 4. After having Viewed, measured
and properly set out the space to be cleared
or improved, said drainage board shall
cause to be removed as they may Judge best
and at such time as they Judge best all
hindrances 10 the free fiow Of the water,
either by letting contracts or hiring In
other economical ways, and shall pay for
such Improvement in orders against Linn
County. orders to be issued by the chair
man and attested by the clerk after being
allowed by the drainage board, and payable
by county treasurer when approved and