Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-14
Supreme Court Of Iowa Hands
Down an Opinion Uphold
ing the New Law
MEANS MUCH TO THE STATE
Tremendous Amount of Drainage Work
Being Held Up Awaiting tho court's
Decision-Two Opinions Handel
Down, Both Sustaining the Statute,
Iowa News.

. DeS MOlneS, July 14.-ln Two opln :
ions covering three appeals in which
the validity OF the new Iowa drainage
law was attacked, the Iowa supreme
court yesterday unqualifiedly sustain-
ed the statute. The opinions were
among the most important Of the year 8
work, nearly all projected drainage Ia
the state being tied UP awaiting the
decisions OF the supreme court on thu
controversy.
In an opinion covering thirty type
written pages, Judge Bishop disposed
Of the appeal in the case Of E. r. Sis
son VS.. the board of supervisors Of
Buena Vista county, in which the con-
stitutonaifty of the staSute was at
tackled on ii dozen points.
An action was begun In the district
court at Storm Lake for an injunction
to restrain the board of supervisors
from constructing drainage bitches or,
establishing drainage districts in the
county. It was claimed among other
things that the statute was in direct
contravention of the constitution ard
was consequently void; that the title
was defective in not expressing the
subject matter; that the Legislature
had attempted to eliminate the ditfel'-
ence between private and public lands:
that the appeal provided for the prop
erty owners affected deprived them "
the right Of trial by jury; that an az
sessment greater than the benefit 10
AUDITING property WIS permitted; that
it enabled the board of supervisors 10
use the credit OF the entire county for
the benefit of a particular community,
etc. #
Judge Bailie in the district court,
granted a temporary injunction, grant
ing in part the prayer OF the plaintiffs.
Both sides appealed, the board OF SUI
pervisors being determined to establish
beyond doubt the validity of all the
points in question in. the measure.
Judge Bishop. In his opinion. goes IN
detail into the various provisions OF t ne
law, quoting them and explaining each.
He states that the statute In all PORTS
in controversy Is In perfect accord with
the, constitution. In conclusion he
states :.
s'It Is our conclusion upon the whole
case that there is made to appear no
respect. The injunction should not
have been granted. and the lower court
should have dismissed the petition en-
tire
Judge Weaver wrote the other opin-
iof1,, which was on certiorari proceed
ings instituted in the case Of Frank
Ross, appellant VS.. the board of super
visors of Wright county, and S. A.
Keller, county auditor. The validity
Of the law was attacked in manner
similar.to the Buena Vista, but Judge
Weaver holds as unqualifiedly for The
as does Judge Bishop. Judge
Viewers opinion Is lengthy one COW
ering twenty typewriter pages and
goes into the various provisions in de-
tail.
1t is said that no litigation in years
has been of so much general inter est
and Importance to the state. The SUI
prer1e court officials are in receipt Of
hundreds of requests for copies of the
opinions in the cases, nearly all of the
several hundred projected drainage
bitches being affected by the decisions.
Soldiers Law Undecided.
Contrary to general expectations. no
opinion was handed down on the SOL
diers' preference law. The supreme
court concluded the present term
yesterday and no more opinions will be
handed down until the September SEES
sion, which opens Sept. ..
1t is said that the numerous cases
under consideration did not permit all
the Judges to Investigate the case as
as they desired and by gem
eral consent Of the jurists, the case
was postponed until the next term.