Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-03-31
Feared That Proposed Bill Will
Never Stand Test of
the Courts
A CONSTITUTIONAL DIFFICULTY
Lawyers Favorins Measure Hope That
Before the Law Could BE Declared
Unconstitutional They Will Be Able
to Have the Constitution Fixed Up
Lesalizins Act Would Follow.
Special to Times Republican

| Des Moines, March 31.-Iowa drain
age legislation, UP to the present time
| in embryonic form, is rapidly assum-
ling shape for the final consideration Of
on agriculture was called together
yesterday and received the report of the
sub committee. which has been en-
gagged in remodeling the drainage bills
This sub committee has at Its head
/ Senator COPYRIGHT and Representative
Wright, two of the ablest lawyers of tbs
| Legislature. The sub committee gave
bearings to many interested persons
to lawyers, judges, representatives OF
counties and to representatives of as
sociatons and colleges. Long hours
We're spent in considering all the pro-
posals; and when the report was ready
lit was a bill of forty typewriter pages
of manuscript, making a complete code
of laws relating to the drainage ques-
ton. The joint committee is at work
considering this bill section by section
and the report will be ready in few
days.
But the bill will be hard fought in
the legislature, and if it becomes a
law will again be hard fought in the
courts; and some OF the IL ST lawyers
of the legislature believe that 1t will
never stand the test of the courts and
that no bill can be framed that will d.
so.
The first fight on the bill will come
ri fynr No y,il t,,fn Ma
railroad companies are watching The
bill closely. In its present io~m il pro
vides that the railroad companies shall
pay portion of the cost of construc
ton of a long ditch where 1t crosses or
affects the right-ofway. Ditch crossings
would be of themselves very expensive;
but the railroad companies insist they
shall not also be required TO pay por-
ton of the general cost of district
drainage. The argument in favor OF
making the railroad company pay
large share Of the general sost is that
the railroad cag is fioaGtiy in
teresied in whatever relates TO the
betterment of agricultural conditions
within its territory. But the railroad
people are not going to admit this In
relation to drains and if the law hits
them too hard they will fight it.
Then as to the legal phases 81 the
question of a good drainage law, there
is difference of opinion. The sub
committee has been engaged largely
in lodging around the constitution and
so framing the bill that the constitu
ton shall not be touched. But to d ,
this on paper and to do it in court are
different things.
In order that this constitutional DIFF
ficulty may be obviated an amendment
to the constitution Is proposed. Rep
Head prepared it and has
and they believe 1t will
be sufficient to make drainage legisla-
ton possible The constituton pro-
vides for the exercise of the right OF
eminent domain with certain exceptions
and one is that in considering dam
ages the benefit to the property Is not
TO be considered. This cannos be done
in drainage legislation. And then
drainage legislation Is always put rn-
der the head OF public health" when
in fact 1t has nothing to do With pub
lie health. This will be cut out of the
and drainage matters will
stand on their OWL fee. But It will
take some time TO get he constitution
fixed up, and the bitches ougn, to be
built this year,
In the meantime the bill az framed |
is being perfected along the familiar
lines of providing dams ana ditches
for the protection of the n,blic heath. !
There will be provision for the boards |
Of supervisors to s. off the drainage
districts, notice of The some 4 hear |
ing, surveys, contracts. assessments 10 |
the property, etc. Some fault has been
found by members win the length OF
The BIZ prepared out members Of the |
say tina. the hill cam |
not be made any shorter without leav- |
ng out some things that are regarded |
is essential. II the bill Is what the |
members of the committee say 1t is, I
he legislature will give 1t immediate
and there VIII be little I
the only danger being from
he opposition as Indicted above
Some of the lawyers of the legislature
ire saying that while they behave II to I
De impossible to make any law aefe t.
nig the subject that will be lega, they
ire willing to go ahead and hope that
before the law can be declared un 'on-
:titutional they will be able to have
he constitution fixed up. Then leg
.lizing act will do the rest
HEIRS TO AN ESTATE.