Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-05-09
Recent Supreme Court Ruling
Makes Proceedings Under
Old Law Unconstitutional
PREDlcAMENT IN HARRISON
Board Of Supervisors Find That All
Ditch Proceedings Must Be Started
Over Again, and In Conformity
With New Law-Larse Contracts
Had Been Let-LegaI Tax Tangle.
Special to Times Republican.

Special to Times Republican.
Missouri Valley, May 9.-When the
board of supervisors of Harrison county
met Saturday for the purpose OF or
dering the contractors to commence
work on the Willow and Allen creek
bitches, they were confronted with the
recent supreme court decision of Smith
VS.. Peterson, treasurer of Emmett coun-
ty, under which the whole Of section
1916 of the old drainage law under
which assessment for the construction
of drainage bitches was made, was de-
clared to be invalid and demonstrations
al. The decision puts a stop to all
ditch proceedings under the old law and
complexities matters in peculiar man
ner In this county.
Last fall the board of supervisors
made contract with the r. A. Brown
Construction Company. of Washington.
is known as the Allen and Willow
creek bitches for the contract price Of
$4,000, work to he competed by May
l, 1905. The company shipped their
ditch machinery here last February
and got material on the ground for the
building OF two large dredges.
This was just about the time OF the
first supreme court decision in case Of
Beebe VS.. Treasurer OF Woodbury. coun-
ty. This stopped work OF building the
dredge until new law should be
passed by the legislature legalizing ex-
listing contracts and proceedings. and
ii WAS confidently expected that the
work Of construction could be COM
menced early this season.
The board OF supervisors went ahead
and had bonds printed and 1t was COR
the purpose Of com p.a.ing arraltge-
ments for selling the bonds ana COM
mencing work IN the big enterprise
that the special meeting Of the beard
was called SATURDAY.
This last decision. however, Kills al,
ditch proceedings under the old Law
and is SO sweeping that all proceedings
must be started over again, and in
conformity with the new drainage
law.
There is in this county alone COM
tracted for or favorably reported on,
over 100000 Of drainage construc-
ton.
The proceedings in the Willow and
Allen creek bitches had gone further
than in any of the other proposed
bitches. Commissioners appointed by
the board had reported favorably on
the changing Of the channel OF the
Soldier river and the construction Of
the east and west Soldier bitches, also
the Strengthening OF the Boyer river.
The proposed Monona- Harrison drain
age canal, running the full length of
Monona county and four miles in this
county had been established by the
joint action OF the supervisors of the
two counties but no contracts had beer,
made for the construction work.
Bonds had to be put up for all the
preliminary work OF surveys and locat J.
ing and unless this work can be turned
to account under new proceedings the
expense will have to be met by the
bondsmen.
The decision will also result In i
peculiar legal tangle as regards taxes.
The lands to be benefited by the Will
low and Allen creek bitches contracted
for have ditch taxes levied against
them, which will act as cloud on the
titles. To commence proceedings UNI
der the new law will defer ditch con-
struction year at least. New petit ;
tions will have to be presented. engi-
neers and commissioners will have 20
go over the work again, and time will
have to be given for claims for dam
ages and the letting Of contracts.
1t is also almost certain that the
new law will have to be interpreted by
the supreme court before contracts can
be secured or bonds sold. All this can
not be done in less than a year at
least If no new or unforeseen obstacles
come up to block the work. What to
do with the present contracts is a
problem that confronts the Harrison
county supervisors. The contractors
are under bond to the county to COM
plete their work by May of next year.
yet If they should proceed to fulfil
their part OF the contract, the board
cannot sell bonds to make the pay
mentS,