Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-11-14
DRAINAGE CASE DECISION.
Important Decisions Handed Down
by the Supreme Court in Cass
County Drain Cases.
Legality of the Law Upheld and Steps
Taken by Drain Commissioners
Held Legal.
Matter Affects Drainage Cases in All
Parts Of the State-syllabus
Of Decisions.

The decision of the supreme court in
the case of August Erickson, j. M. Tus-
ten. G. B. May. cit AL, against Cass
county, the board of county commiss-
sioners Of Cass county and O. ]. Olson
auditor of Cass county, passes upon
some important matters with reference
to drainage procedure and the legality
of the law providing for the construc-g
tion of drains. The plaintiffs in the
action are fifty-two in number and,
united in instituting the action for the
purpose of enjoining the auditor from
extending on the tax list certain assess
ments against their lands made by the
drain commissioners of the county to
defray the cost of construction of Ar
gusville drain No. -, and to enjoin the
county commissioners from issuing
drainage bonds to cover the expense i'll
Cured.
The complaint in the action alleged
that mall things pertaining to the con-
struction of the drain the commission
ers failed to comply with the require
ments of the law, that the petition for
the drain was not signed by the owners
of such lands as are liable to assess
ment for the major portion of the cost,
that the total expense of the drain was
| MAJ 0N0 hon1 III, ot thu toAo1 I,o-ac4-e1
no amount to more than a third of the
cost, that the contracts were not let in
such a manner as to secure fair and
zones competition. and numerous other
charges are made upon which it is
claimed the drainage assessment is lille
gal and void.
Judge Lauder sat in the trial of the
case and held hat the board of drain
commissioners complied with the re-
~quirements Of the law and that the
drain was legally established and the
steps properly taken. This decision is
affirmed by the supreme court in the
following syllabus.
Chapter 81, Laws of 1895, as
amended by chapter 70, laws of 1899,
and now embodied in chapter p of the
political code, Revised Codes of 1899,
n embracing sections 1444 to 1474,,
inclusive, known as the drainage law,
provides a hearing for land owners I'D
on notice before assessments for bene-
fits become final and it is not, there
fore, vulnerable to the objection that
1T ~deprives such owners of their prom
er1ty without due process Of law.
The amendatory act, chapter 70, laws
OF 1899. entitled can Act to Amend
Section 1896 of the Revised Codes Re-
lating to the Establishment, 'Cons:.m-
Zion and Maintenance of Drains" does
not violate section 81 of the state con-
stltution which provides that "No hill
Shall embrace more than one subject
which shall be expressed in dts title"
1t Is not necessary that the provis~
IONS embodied in an amendment to a
section of a statute shall relate directly
to the particular provisions contained
in the sections amended. It is stuff
Gent if the subject matter of the
amendment is germane to the subject
of the act of which the amended Sec
ton is a part and is Within the title OF
the original act. .r.
Land owners who are assessed for
benefits under this act are not deprived
of their property without due process
OF law by the issuance of interest bear
Ing bonds to defray the cost of con-
structing drains and the postponcmeat
or their assessments and divisions
thereof into as many parts as the bonds
nave years ito run as authorized by Sec
ton 1474, Revised Codes. !
Lands granted by the United States
to the state for school purposes are held
in trust and are not subject to taxation
on assessment for benefits arising I'M
der the construction Of drains.
It is held, upon a trial anew in an ac-
ton ITO enjoin the collection of drainage
assessments, that the board of drain
commissioners complied with the re-
quirments of section 1454, Revised
Codes. as to the publication and post
ing OF notices Of hearing upon assess
ments, and that the assessment notice
was in proper form and was legally,
posted and published; further, that the
proceedings Of the drainage board in
question in this case were not invalid
by reason of certain alleged defects in
the rightsof way deeds.
The board OF drain commissioners is
made the tribunal by statute to deter
mine what lands are benefited by the
constructionFof drains and to apportion
the cost thereof according to benefits
and in the absence Of allegation and
proof that they acted arbitrarily or
fraudulently their determination is not
open to collateral attack and is conclu-
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