The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-11-24

owners Of lands In the proposed Diking
District to form such District for the
purpose Of improving. by diking u
damming lands which are included In
the districts which are subject 10 over.
tiow. Various steps necessary To be
taken are designated in the statute in.
cluding the appointment Of certain view.
srs, "to view out the proposed dixie.
and dams, along the most practicable
route to accomplish the object desired,
at the least possible cost and expense.
tSection 1884 TO 40s0 inclusive. d. 4 c.
code and amendment of lso5l.
By section 1887 Of the Code, the rou
tine OF procedure shall be "as far as
practicable, that for the survey. loca
tion and establishment Of county roads" I"
and by said section, the surveyor aud
viewers shall meet, trace upon the
ground the line Of the dikcs and dams,
shall designate the width Of the right
Of way through which the dikcs and
dams shall pass, shall define the boun.
daries of the district, making li.t Of
the land owners therein and dcscrip.
tion of the legal sub.diyisions plans anL
estimate of the cost of dikcs and dams,
etc.
by Section 1850, Il Is provided
that the County Court shall apportion
he estimated cost Of the dikes and
dams among the land owners Of the
district lin proportion to the valuation
of the lands therein, according TO the
estimated value which shall be placed
upon respective tracts by the Viewers"
the cost to be taxed upon the land and
placed upon the assessment roll, and 10
be collected as county taxes. and the
moneys 80 collected Ia be paid to the
County Treasurer and by him held as
a special fund for the credit Of the dix.
ing district to be paid out as warrants
on such special fund.
Section 1890 provides that when the
tax has been collected or the applica.
ton filed. the County Court shall adycr.
tisc for bids on the proposed work nc.
cording to the plans and estimate Of the
viewers, and that the court may modify
the plan 50 rs 10 bring the cost OF the
work within the tax levy, III such modi.
iication can be made without detriment
to the improvement" and said section |
also provides that the owner OF any |
tract whose assessment equals 5000
may file an application 10 pay his a..
sessment in five annual installments
with interest.
ny section 1921, the County Court j.
authorized to appoint superintendent
of dikes, at such salary as the County
Court shall determine, giving the super.
certain powers, his salary and
labor hire to be also paid by annual
tax levies.
Section 1892 provides that all bills
against the district shall be, after ap.
proval by the County Court, paid by
warrants drawn upon the fund Of the
district upon deposit with the County
Treasurer, and that all warrants so
drawn shall he receivable "a taxes due
On account Of the fund, and that "thc
shall be subject to the same
regulations with reference 10 payment
and interest as are warrants drawn up.
On the general fund Of the County"
Then follows provisions for the pay.
ment Of damages 10 owners aggrieycd
by the establishment Of dikes, and for
dika which hbve already been con.
-tructrd 10 be- included in the Di,tricts
In my opinion there ia grave doubt
rs TO the sullicicncy Of this law In sev.
'ral respects, few Of which will suffice
10 state. First. II il well known fact
that in the construction OF dikes II il
necessary not only TO condemn the lands
actually occupied by the dixie itself, but
llso to acquire from adjacent lands sui.
icient material for the construction Of
The dixie. There Is no provision in the
aw authorizing the condemnation Of the
and adjacent to such space so occu.
pied by the dixie, or for the acquiring
II the necessary material for the con.
Of the dixie from such adjacent
ands The right TO construct a dixie
Ipon a given space, is Of course, worth.
ess without the right TO acquire mate.
'ial with which to build il.
Second: The law requires the County
70 enter into the contract in the name
If the County, also requires the Com.
" Court to audit all claims for the
work; provides that the Court may
wen enter into contnct for the ex +.
'enditure of more money than The tax