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

assessment Of benefits be made by an
impartial tribunal. Under our present
law no one except the Board of Drain
commissioners can assess these bene-
flts, and from their assessment there
is no appeal. : Unfortunately 1t has
sometimes happened, and doubtless
Will occasionally happen, that one or
more OF the members of the board Is
interested directly or Indirectly in the
project, either having land within the,
drainage district or being related to
others interested within the district.
Under the statutes OF Minnesota and
Iowa the three viewers who assess the
benefits and damages In the first in
stance must have the qualifications OF
Jurors In civil cases. that Is to say
they must not be in any manner in
terested in the project, or related to
any party interested. 1t would seem
to- be impossible always to secure an
impartial board to assess the benefits
unless some provision is made for the
appointment OF such board with refer
ence TO-, and to act upon each separate
drain as constructed, and it would
seem that the Board OF County Com
missioners, either through commit
tee or their own number or through a
board OF viewers appointed by them,
could do this work at least as we'll, If
not better, than the Board OF Drainage
Commissioners provided for by our
statute. Another reason why think
this matter could as we'll and better
be under the direct control Of the
Board of County Commissioners Is that
such board must assume control over
drain as soon as finished, and the mat
tor OF issuing bonds for such construc-
ton is in their hands, SO !, that they
must necessarily, in any event, keep
fairly In touch with the work during
its construction. would also sug-
gest change In the law, making the
( County Auditor the clerk OF the board,
and making him the Official custodian
.of all papers and records. It is of very
great importance that all the records
and proceedings Of the board be ac-
gcessable, and at the same time be pre-
served, and this end is only partly ac-
complished by the present law.
~ u, however, a separate Board of
Drainage Commissi sioners Is to be ap-
pointed. az under the present law, Il
would favor having either the County
surveyor or q competent civil engineer
made member OF the board. A. large
faSAAssk y Va tt1Si WI 1lU6L ASCCSSdCll D1S
AOne; by sox lnlleg tha simrned fate sdirecsS
!. tion OF d civil engineer, ana .he cOaids
certainly, as well as not, take q PIE
on the Board, drawing pay commen-
surate with the work done.
The first actual step in the construc-
ton of the drain is Procuring the right
of way. Our law of eminent domain
is fully adequate for this purpise,
being plain. speedy and effective Work
cannot be begun, however, or possess
sion taken of the right of way until
the compensation awarded to the land
owners for such right of way is either
paid or secured.
Here we strike another weak spot
In our law. The statute provides that
warrants to pay for the right of WAY
shall be drawn on the County Treas
urer, payable out of any funds in his,
hands, for the construction Of such
drain, and that such warrants shall be
negotiated at not less than par, and
the proceeds paid into the court for
the benefit of the land owners whose
land has been condemned for right of
way. These warrants are payable
only out of funds thereafter to be re-
ceived in payment of the special as
sessment levied by the board for the
construction Of the drain; their pay
ment is not guaranteed by the county,
! or by anyone else. Payment of such
warrants Is liable to be defeated en-
'ttrely, by reason Of errors or irregu-
larities In the proceedings of the
board, or the abandonment of the en-
terprise, etc. Such warrants are not
a safe investment, and can, believe,
ordinarily only be sold, even in small
amount, with difficulty, and at COM
paratively high rate OF interest.
would favor making all charges in the
construction of drains county expen-
Sses, payable In the first instance out
OF the county treasury direct, the
county to be reimbursed by special
assessment against the land benefited.
u will refer to this matter again later
In connection with the issuance Of
bonds. ..5.5a
The law provides that SO far as
practicable, drains shall be located on
dividing lines between SECTIONS, or
regular subdivisions thereof This
provision, think, Is of Questionable.
prOpriety 30 far as locating drain on
section line is opened up and used
as aspublic highway Is concerned The
probable object Of this provision was.
to reduce the expenses of acquiring
the right of way and probably the bet
Aterment of the highway, but there Is
very little saving Of expense as the
owner OF the adjacent land lis entitled
to ation for the additional
easement put upon his land by the To-
cation gOf the drain along the highway.
There are some. serious objections to-
the construction Of large drains along
highways. "a drain Of any consider
able size along the side of highway
] ts, even as riginally constructed,
something of danger and menace to
travel. Experience shows that nearly
I all OF the larger drains keep washing
out and increasing In depth and width,
with the result that the banks crum,s
BILE. thus further increasing the dan
/ ger of highway travel, ,.and the numer-
our highway bridges require constant
{ watching and repairs. y would favor
\ an amendment giving the board power
n to locate the drain wherever they
thought bestb q With the cautipnary
warning TO follow dividing linss and
keep away from the highways bo Tar
/ ias this could he done without detff-.
ment to the drain &. 81 H sss
As u have alrsady stated, the com
Smissioners ara rsQu.red to sxaWine
the ronteS Sof proposed drain, Ind
10 rmine ether Or not II shall
he constructed Here we strfke MI.
other weak SPOT - our laJ There NV
II ilno! ' method of appea1 provided from tbs
order Of the c0Mmissi0ners' deciding
eithers to cOnstrnct Ion not to construct
h ne aratn. heir dur y lilnaf and