Pine Bluff daily graphic., 1910-02-18

the full extent allowed by the law.
 They recite the passage of the act creating the district and the ap- polntment of the commissioners and ooard or assessors. They charge
 that the act is illegal and void be-
 cause the boundries of the said dis
 tr1ct are not properly or definitely
 de1lned and that none of the lands
 are properly embraced within the
 territory defined. The property own
 CTS contend that the act is unconsti-
 tutlonal and void for the following reasons:
 Because no notice was given in
 compliance with Article , of Sec tlon p of the State Constitution, 1 which provides that no local act shall
 be passed by the Assembly before no-
 tice is given of the intended passage of the measure.
 Because the act appoints Board ot Directors, with power to select a l Board of Assessors, without the con- i sent of any of the land owners or
 thelr approval and that under it's provisions the county judge of Jeffer- son county, is given unqualified aDl unlimited power, and with this board of assessors. has an arbitrary nowo., to place unlimited taxation upon thair ,,1,1i the construction and maintainance of the drainage.
 Because the act does not limit or fix the amount of the bonds, other Writings obligatory or agreements which the board may execute or en- ter into and cause to be a first lien and charge upon the lands attempt ed to be embraced in said district
 Because the act is retractive in 1 that it gives the board of directors unlimited power to ratify without the consent of the land owners the em- ployment of surveyors. attorneys | and agents for making preliminary surveys, for rendering legal services before the passage of the act and gives them the power to pay the en- ployes and places no limit upon the expense so incurred and attempted to be fixed as a charge and lem on the land within the district, thus making it possible for few favor ed and scheming persons to induce and persuade the passage of an act
 by the legislature fixing taxes on lands in an arbitrary and unlimited amount to the practical confiscation and damage of the property affected The property owners charge that i Section II and 25 are inconsistent and irreconcilable The sections pro- vide that the tax levy by the board shall not exceed per cent per an- mum of the betterment accruing to the property, not to less in any year than a per centum that will provide sufficient revenue to pay all interest
 charges, expenses of operation OF maintainance until the improvements shall have been completed and all fonds issued and all debts contract ed, shall have been paid. While Sec tion 24 provides that the directors shall have the power to borrow mon- ey and to that end may issue bonds ill any amount and pledge all assess ments and taxes accruing during thirty years for the payment of the bonds.
 Section ? is also cited, providing that before the bonds are issued, 1 taxes levied CT assessments made, the
 board may accept bids or otherwise contract for the sale of the bonds in any amount to purchasers before they are even issued or registered. The petitioners allege that under the pow CT given by these three sections, the board of directors can place an un- limited amount of debts against their lands and that they will be pcwer-
 less to prevent the collection of same. In the same section, the prop erty owners charge, the board is giv- en authority to make contract for the sale of the bonds and thus place
 upon the landowners burden of taxes without giving them an opportunity to be heard in the determination of the benefits. It is also claimed that the act is void because it is in con flict with section ? of Article 12 of the State Constitution, in that it pro- vides for the creation of a special corporation by a special act, the cor poration being not charitable, penal x , educational or reformatory or under the control of the state.
 The property owners further cor tend that one section of the act givea the board authority to incur unlim- ited preliminary expenses and debts and that even if the act is declared