The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-01-11

NASAAoSS Vdymcul VI WHICH was Sc.
cured by lien on the lands assessed.
Our law makes no provision for
legal counsel for the board, or for the
compensation of such counsel IL EN-
ployed. This is a defect, certainly
from the lawyers point of view, EN-
pioyment by the board, while of
mighty honorable nature, is not allur-
ing to the average practitioner when
there is no compensation in sight.
would advise provision for the en-
ployment and compensation of conn
sci. l do this, not from lawyers
standpoint, but as business proposi-
tton. 1t will pay. Such law passed
In 1901, but was defective, and was
held unconstitutional. 1t does not
seem fair that this work should be
shouldered upon the county attorney.
as the work is healthy and responsible
ana does not really concern the county
at large. l believe it is essential to a
fair drainage law that land owners
be given free access to the courts, and
If this Is done, the board must also
be represented by counsel, and should
be given authority to employ counsel.
and the means to pay therefor. This
could be done either by taxing addi-
ttonal counsel fees as costs against
the defeated party, or by the creation
of an expense fund for the use of the
board. If 1t was known that the board
had had the advice of competent coun-
sci In all preliminary steps, and that
1t was ready and willing to defend its
actions in court, if need be, the TENN
tation to litigate would be lessened.
The law should so aimed as to for
bid running lateral drains by persons
not assessed.
There is one other question which
does not pertain strictly to the topic
assigned me, but which is of interest,
and because it underlics our entire
scheme of drainage laws, it seems
proper to discuss it briefly. Practi-
cally all the drains that>are construct
ed In this state are constructed under
that provision of the law which au-
thorizes drains to be constructed
where the chief purpose of such drain
IS the drainage of agricultural, mea-
dow, grazing, or other lands" doubt
whether single drain has ever been
constructed in the state, the construc-
tion of which could be justified as a
police regulation, on the ground that
1T was necessary for the public health
~ NSAAuAS, 4SOWS OLA lLcC lllOlu0ES,
whose lands will be nefited by the
ohatf6ctlen 4of. a. drain, Gan petition
I the board, and the board can go on
and construct the drain across the
land of six other men, who perhaps do
not want it, and can make sixty men,
whose lands are not benefited, pay for.
it, although fifty of them might not
want 1t. Our state constitution for
bids the taking of private property for
any other than public purpose, (Sec.
140 Nc man or body of men can con-
demn and take any mans land, ex-
cept that taking be for public use.
The courts have held that what con-
stitrtes public purpose or use iss
judicial and not a legislative question,
that is to say,-that the legislature
canno make q use or purpose a pub
lie one simply by calling it such The
courts of New York, Michigan and
Illinois have laid down the doctrine
that land cannot be condemned or
taken where the primary object was
simply the betterment of wet land by
drainage. The result of these decis-
ions was that the state constitutions
of Illinois and New York, and l be-
lieve also of Michigan, were amended
to permit this work to be done. The
Supreme Court of Minnesota (92 N. w.
216,) which held the present drainage
law of 1901, and also their former
drainage law of 1897 $50 MINI. 58,)
which were worded in this respect
much like our own constitutional hold
ing that the reclamation of large
tracts of wet land was public pur-
pose, and | apprehend that if this
question should be brought before our
Supreme Court, it would follow the
holding of the Minnesota court, but,
as above suggested, there is eminent
authority to the contrary. If, as
heretofore suggested, it be deemed ad-
visable to amend our state constitu-
tfOn SO as to permit counties to guar
antee the bonds issued for drainage
work, then l suggest that the amend
ment be SO drawn as clearly to au-
thorize such work where the primary
purpose was drainage only, and to
authorize payment therefor by special
assessment against the land benefited.
The weather man was kind and
Hill Day" of the North Dakota drain
age convention dawned mild and
glorious. Fleecy clouds chased each
other across the crimson sky as the
reception committee of the CONNER
cial club wended- their way to the
Great Northern station in the early
dawn to welcome the last and great
est of the pioneer railroad builders"
to the city. President, James j. Hills
private, car was attached to train No.
which runs via Fargo and Brecken-
ridge, and to prove that the Great
nrfh cHy rot to- 4nf 80
persons, No. 8 was 40 minutes late
and while due in the city at 7:45 did
NOT reach here until 8:45.
The reception committee consisting
of VIM. y3Budge, J. d. Bacon, DIR. Tay-
lor, Steve Collins and r. H. Mccoy,
boarded the private car as soon as!
No. 9 pulled into, the yards, but Mr..
Hills private secretary met them and
said that while Mr.. Hill wished to be
called on reaching the city, that the
great railroad promoter was asleep
and that he did not wish to wake him
unless the committee expressly de-
sired 1t. At 1890 the committee re-
turned and escorted Mr.. Hill to the
State University where he delivered
a short address to the students.
II. Forenoon session. #
This morning the first session Of
4 the convention was held In the Met,
ir0p0litan opera house. The attend
ance was large. there being between,
three and four hundred people pres
emit The delegates continued to pay3
the strictest attention to the papers
and discussions The enthusiasm
SgroWs rather than abates, ana Tie
I GnnHanfinn h nrnYin0 IN. IA ~ Z. zsls.f