The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-05-06


respondent.
This is an action to cancel tax GER
tificates on sale for special drainage
assessments arising from the tri-
county drain in Ransom, Sargent and
Richland counties, on non-payment
of which assessments plaintiffs lands
were sold. Held:
/. That the petition for drainage
presented to the Richland county
drainage board was sufficient to confer
jurisdiction Upon said board to act.
(a) Our drainage statutes were
adopted from the Michigan drainage
| statutes in force in 1895.
(b) A petition for drainage of ag-
riculturaI lands need not contain an
averment of the necessity for the
proposed drain, nor that it viii drain
agricultural lands, nor that the sign
ers are freeholders whose lands
will be affected by The poposed drain.
nor other than a general description
with beginning and end of the course
of the proposed drain. Upon the board
finding the existence of necessity for
the drain, and that the petition was
signed by a sufficient number of quail
flied petitioners. and finding the pur-
pose to be that of drainage of agri-
cultural lands with each finding based
upon a survey had of the course Of
the drain and establishment of its
commencement, terminus, route, width
and depth thereof, and after the pre-
paration and fling of prohles, plans.
| specifications, estimates of cost and
map or plat of the lands to be drained,
and a finding that the benefits to be
derived will exceed the total cost of
construction thereof; the drainage
| board is then authorized by law to
construct said drain, such findings cur
ing defects in the petition because OF
it's failure to designate the purpose
thereof and that the same will result
to the benefit of the health, conven-
fence or welfare, or show that the
signers thereof are legally qualified as
such.
(c) In determining the suff1ciency
of the petition to confer jurisdiction to
act hereunder the drainage board
may take judicial notice of and con-
slider with said petition the fact that
the course of the drain as ]petitioned
for will traverse agricultural lands.
and also Of the character of another
1 uIalA VI WHICH LllN PCl1LlSA1 CSLlC5 NIAO
one petitioned for would be but a
continuation of, and of all such other
matters Of location, place, distance,
extent, area, topography and general
condition of lands within its county
as a court would be authorized to take
judicial notice of under Code Secs.
1918 and 1919.
I'D Where the order establishing a
drain makes reference to the sur
veyor's minutes of a survey, profiles,
plans and specifications filed with the
county auditor, these may be consid-
cred with and as experimenting the
description contained in the order es-
tablishing such drain.
(e) Where a petition has been
? acted upon and a drain established
Hereunder, the fact that it contains
an unnecessary word %obscuring its
meaning, when with such word omit
ted the meaning would be plain, the
petition will not be held void as un-
ineligible.
:, (l The action of the county drain
age board in Incorporating in the
order establishing the main drain an
order establishing a spur or branch
drain will not under the record here
in be held to inyalidate all proceed
ings had and relieve plaintiffs lands
in another county from their assess
ment to defray construction of the
tri-county drain. Such are but ir-
Irregularities and do not go to the
boards jurisdiction.
Q. The a~pportionment Of BENEFITS by
percentage held valid. #
(a) The placing of the word
"per cent" at the head of a column
of decimal fractions, apportioning
such decimal fractional part of the
total benefits as is received by the
specific tract opposite such decimal
fraction to it, does not indicate that
the tax to be calculated thereon shall
:. be computed by taking such decimal
fractional part of i per cent. of the
entire cost of constipation, but in
stead, such decimal fractional part OF
the entire cost. The words per cent.
as so used mean the decimal fraction
al part or share by decimal part OF
, percentage of the whole. Such sched-
I ule of apportionment of benefits by
decimal fractional part or percentage
thereof will be calculated under the
usual Interpretation instead of by q
strained construction.
OBJ In the absence of q showing Of
a want of uniformity in such appor-
, tionment of specific benefits the pre-,
q sumption will be in favor of it's valid
! ity and that the tax computed there.
, from was not excessive.
8. The apportionment of specific
benefits, when made not being baseC
! upon or having any relation to either
! the estimated or actual cost of th'
project, the fact that the actual cos
may far exceed the estimated cos
thereof can in no wise affect the val
idity of the apportionment Of benefits
by percentages.
(a) Nor can any excess of actua
over-estimated cost Of construction b.
considered as in effect tho taking o
] property without due process of Law
or as rendering the drainage act un
2 constitutional because thereof.
CD The fact that the notice o
: hearing of a~pportionment Of benefit
4 by percentages as to specific tract
q and that the notice of confirmation
= thereof contained an erroneous esti
mate of the total cost of construction
q does not alone render the portion o
Q the assessment in excess Of the esti
mated cost but within the actual cos
y of construction as levied against sue
g tracts and computed by such per
centages of the total actual cost. in
: valid as the taking of property withou
K due process of law.
n (c) After petitions for the estab
a lishment of the portion Of the tri
q county drain within each county ha
a haou navara1Iv granted. and the nor