The Holt County sentinel. (Oregon, Mo.) 1883-1980, 1911-07-28

tended. they had. in fact, by their
appeal. done the corporation a favor,
Of. to II, almost inestimable valueJ
Afterwards, In 1905. when Hon. r.
X. Allen, of Craig. was member Of
the House. extensive amendments
were made to this law: and. amongst
others, ~ allowing any district to ex.
tend its boundaries over adjoining
lands that are benefited by the drain.
age works: % one permitting any
adjoining land owner to force dis.
trict To let him In. and 90 one pro-
viding that all lands In any district
shall be- taxed according to the bene.
Hts received by same. and, not. a. the
law had originally provided. equally,
and on level. Throughout, tie dis
trict. After this Law was passed. the
Sguaw Creek District supervisors.
still feeling that Mr.. Turneys said
lands should have been left In the
district, and that said lands lad al.
ready been greatly benefited by the
system Of drainage tha. they said
commissioners had adopted. sought
To bring the said lands into the dis.
trict yet, not Notwithstanding they along
with a great many other tracts. a.
aforesaid. had originally been exclud.
ed by the court when the dist rict had
been organized. and thus II came
about that the ease just decided was
ins, ituted. Mr.. 7. &. DUNCAN. attOr-
ney for the district. contended that
the drainage distric, had a right to
apply this 1905 Law TO any formerly
organized district, as well AZ to any
that might be organized subsequently
to the passage Of said law and also, that
the fact that Mr.. Turney's said land
had been excluded In the original pro.
ceeding was no excuse or defense
whatever against taking II IN now.
II seemed to many Of the attorneys
here. To he a very risky proposition,
but, Mr.. DUNCAN. firmly OF the opin
ion that hc was right. went ahead.
and finally came out winner. Ivan
Blair and John W. stokes rcprescnie ed
Mr.. Turney In the Circuit, court. and
raised many objections. amongst
which were their claims Of the IN.
cons;ituiionality Of the proceedings
on several grounds: a. the ex post
facto feature Of applying the l!nj law
to legal proceedings had prior there.
to: ~ and. that the dist rict was
estopped from maintaining such a
proceeding upon the theory Of res adj.
judicata: tina, Is. that the question
Of whether or not this land should he
included within this district. had al.
ready been tried. and adjudicated:
the court here, In the proceeding to
organize the district. having. as We
have said, excluded II. IL did seem
that the 1905 law might MT apply,
and also that the same matter lid.
really, once been tried. and, upon
fun hearing Of the case. Judge ELI.
son so held.
Upon these two main propositions
the Supreme court, IN its present de.
cision, seems very positive and ex.
plicit. As to the question Of the 1905
law being ex post facto. II says:
"a retrospective law L. one which
creates a new obligation. imposes
new duty, or attaches new disabili.
~. with respect TO transact ions or
considerations already past. II mus,
give To something already done DIFF.
ferent effect from that which II had
when II TRANSFERRED. In this case the
only ground upon which retrospect.
i've application OF this statute l. as.
serted j., that II applies to an object
already In existence at the time Of It's
enactment. We're this good objcc-
tion II would lead to startling re.
suits: for, II could he As well claimed
that no statute could he enacted i'm.
posing new duties upon, or giving new
privileges or rights to. a person al.
ready born, as that these things could
not lie done by the Legislature with
reference to corporation already
created" AT another place, II says
Of this 1905 law; although II re.
peals certain sections Of this article,
II enacis others which II expressly
states 10 be in lieu Of the sections SO
repealed: thus expressing, In unmis.
taxable terms its intention to pre-
serve the continuity OF the article
and chapter so amended, to apply the
same identical name to the new law. I
Ii then uses that name IN section
s253a, by which this proceeding Is
authorized, making II applicable to
ANY drainage district organized I'M
der the provisions Of THIS CHAPTRR.'
1t Is difficult TO see how more apt
words could have been selected than |
l,a lei,