The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-24
DRAINAGE CONVENTION.
Lnage Laws Dscussed-Permanen Organization Perfected
Legislature to Be MemoraIzed

and gardens are eth under the snow and
ice, which will yield TO neither drainage
nor irrigation.
The city OF Houston not only appre-
clates the Importance of this meeting but
appreciates as well the presence of these
delegates, who are the guests OF our city,
and in order that suitable expression may
De given to this feeling l take pleasure in
introducing the honorable mayor OF the
city. Judge Sam II. Brashear
The mayor In referring to the impor-
lance OF the movement. said he regarded
It as next In Importance TO the securing
OF deep water at Houston. He spoke of
the enhanced value OF land under proper
drainage system, and on behalf Of the city
he welcomed the delegates
In the absence Of the secretary, MIR 4.
~ Birchfeld OF the Alvin Sun was elected
secretary
Mr.. ?. ]. Willis OF Alvin called upon
Colonel Darst OF Illinois to address the
convention. Colonel Darst in responding
said substantially that he regarded drain
age only second in Importance to that Of
preaching the gospel. Drainage pertains
TO the lite that now is and without 1t we
can scarcely live, and with II we can live
Twelve months in the year. With our pros
poets in South Texas we can not lay too
y drive over this section OF the country
will fully demonstrate this in comparl-
son Of crops on land properly drained and
mat which is not In his native home
(lllinoisl they had the same trouble that
You have In South Texas, but with a
proper drainage law and a concerted ac-
ton on the part Of the people OF South
Texas YOU can have all that they now have
IN Illinois and much that Illinois has not
In Illinois We had land that was prau-
tlcally worthless and had been sold for
taxes When il WAS drained It was worth
500 nor acre. We accomplished in Ilh-
nois what great many contended was au
imposstbility. We dug canals that thor
oughly drained. and redeemed large sec
tions of the State from absolute worth
lessness He referred TO one particular
canal in Illinois thirty miles in legnth
with li-foot fall that had accomplished
great results. At Alvin his attention was
called to the fact that there was fall
Of fifteen feet In about seven miles 10
Chocolate bayou What better facilities
could be offered for drainage purposes?
He did not think the people OF South Texas
were yet ready for tile drainage What
you most need are waterways II these
waterways Were opened up it would be the
salvation Of this section Of he country.
There is no country in the United States
which today offers such possibilities as
necessary for its development is proper
drainage. We are on the eve Of an al
vancement that Will be surprising to a
great many people of Texas You have
more and better land in Texas than VIC
ever had in Illinois I may be optimistic
IN my views and somewhat Of crank on
the subject Of drainage YUu can not have
good roads without good drainage. Get
the water off the land and you will have
good roads and you can grow good crops.
You can rival Kansas in the growing Of
wheat, Last year Texas produced ttS
bushels Of wheat 70 the acre. n
proper drainage there would be no netes-
sty Of growing corn on ridges. To get
good drainge you must work your legs
lators aud get the laws you need to ac-
corplish results.
MIR. Tom Richardson called upon Mr., J..
S. Wheless of Galveston, a member of the
present legislature.
MIR Wheless said the necessity for drain
age was SO absolutely apparent that it
. was hardly necessary to discuss It, He
referred 10 the several drainage laws Of
1895, 1897 and 1899 The question IS. can
the legislature enact a drainage law uldsr
which a tax can be levied and cole .tol
to do the work by levy OF a SPECIAL
tax upon the property 10 be benefited II
drainage la6 I'D taH- however Cal be
levied except permitted by the consti-
tuition, and the constitution presents only
two conditions under which taxes can be
levied.
These constitutional limitations provid-
ing for the levying Of taxes, make no
provision for the levy of a drainage tax,
except possibly it may come under the
head of tax for sanitary purposes, or
permanent improvements. bitches and
drains can certainly be cassed as perma =
uent improvements. The constitutional
levy of % cents on the hundred dollars
provides among other things for perma
nent improvements This levy, however,
would non be sufficient when so much
else is to be provided for out of 1t. Under
the other provision for a special tax for
sanitary purposes the drainage tax might
be levied for this purpose. The dra sc
tax might be levied for this purpose.
The construction of bitches and
drains in the coast country
would certainly be in the nature
of sanitation. The accumulation of stag
nant water was admittedly deeterious to
health and bitches to remove IL would GER
tainly be sanitary measure. and he be-
lieved that the supreme court would so
hold Another phase of the subject was
the levy OF a special tax against the par
,ticular property to be benefited He quot
eu MI IOOley us au AtUTiudliNe dutuOE .
ity upon this question. Several other au-
thorities were quoted showing where spe-
, cial taxes against abutting property could
be levied for drainage purposes, The law
! of 1897 as amended in 1899 provided for
an effective drainage system upon this
plan and the credit for this law was
: largely due to Colonel r. r. Wheeler Of
Galveston He said the objection urged
!, to this law was that II did not give the
property owners an opportunity TO be
heard upon the subject and his land was
assessed without his previous consent, He
, did not regard this valid objection, how
, ever. as the property was net ASSESSED
. without Just recompense. and II so the
, former had recourse to the courts. The
present law OF Texas is about as com
plete as II can be unless II is violstive
/, OF some constitutional provision. He said
Il was further contended that the home
stead law was In the wav aud perhaps
, this is the most serious obstacle that pre-
sents itself. But in the exercise OF th'
! right OF public domain the homestead
privileges were continually being
. infringed upcn by the construc-
= tion of RAILWAYS The police power 81 the
] state was another phase under which the
question OF drainage might properly come
He said he thsueht the law now in vogue
fA-r