Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-02-11
DRAINAGE BILL INTRODUCED.
Residents of Western Counties Have
Demanded II.

Des Moines, Feb. 4.-Ten thousand
words constitute the drainage bill
which was introduced in both houses
of the legislature yesterday upon the
demand OF the residents of Monona,
Woodbury., Harrison and Pottawat
tamie counties, which also embodies
general provisions intended to be ade-
Quate to the needs of the entire state
as well as to the special needs OF the
counties effected by the big ditch that
is intended TO reclaim the lands along
the east bank of the Missouri which
are subject to flood every time the
Big Sioux goes on a rampage.
The bill requires that any county
auditor Immediately upon the filing OF
petition by one OF more persons
whose property abuts the proposed
ditch, requesting such action, shall
designate competent engineer TO
investigate the proposed ditch, make
surveys and otherwise inquire into
Its feasibility, desirability and cost
and report to the board Of supervis-
ors. The petitioners shall first have
filed bond TO cover the cost of such
investigation TO be paid by them only
In case the improvement Is turned
down by the supervisors Should the
supervisors agree that the improve
ment is needed the county will meet
all expenses. Before the meeting OF
the supervisors, however, the auditor
shall cause notices to be served upon
al property owners In the effected
district and those so effected may ap-
pear before the supervisors at the
designated time and offer any protest
they may have. 1t shall also be their
duty to assert any claim for dam
ages that they may have and failure to
do so, will result in forfeiture Of right
TO damages. When they file such
claim the auditor shall appoint three
appraisers to affix the amount of
damages. This award shall be final
except upon appeal to the district
court from which time the case will
go through the same legal channels
as other civil suits. After having de-
cided that the improvement is neces-
sary to the public health or conven-
fence, it shall be the duty OF the
board of supervisors, according to the
provisions Of this bill, to divide the
ditch into sections, il II be long one
and advertise for bids on each sec
ton. Repairs shall be advertised for
in the same manner from time to
time.
The cost OF the ditch in each dis
trict shall be assessed according to the
benefits, just as Is the cost OF paving
assessed in cities except that In this
case persons whose property does not
abut the improvement may be assess
ed The assessment shall be dis
tribute according TO the proximity OF
the property effected, those abutting
the ditch paying on 10O-per cent
basis and those more remote shall be
assessed a smaller per cent.
The bill provides that the construc-
ton Of any ditch or leyee that de-
tracts in any way from the usefulness
of such improvement shall be deemed
q nuisance and abated accordingly.
The service of notice in cases where
persons affected by the proposed
drain do not reside IN the county 30
that personal service may be obtained
may be by publication In newspa'
pers In the usual manner
The measure was drafted by d. A
Sawyer, an attorney of Sioux City
Representative Whiting has been very
active In promoting it as has also
Senator Hogue, but each has sought
to have some one else introduce the
bill so as TO be assured OF just thai
much additional support.