The record. [volume] (St. Maries, Idaho) 1913-1918, 1913-10-03
Drainage Project .....
fU4tNrreretl
~ oe Falls Through
Law WAS NOT PROPERLY PASSED
Decision Rendered By Judge Dunn in Case From
Bonner County

Ahc oih NhnAHHko hAulcNA Auue nnn
been planned TO. reclaim the overflow
lands on the Occur d'Alene, st. Joe
and st. Maries rivers has been
brought to sudden stop and no
further steps eau be taken In II, at
least on the lines contemplated, for
at least eighteen months or until
after the next session of the legis
lature.
This result WAS forecasted IN an
article printed 10 the last issue of
the Record In which it Was suggested
that the drainage law. under which
all OF these drainage districts wer.
being created had not beeu properly
enacted by the last legislature.
When the Bonner county case. men
toned in that article came up for
hearing before Judge Dunn at Sand
point. Lieutenant Governor n. Il
Tay lor who appeared as attorney for
the protestants asked to have certi
fed copy of the journal OF the house
made a part of the record which was
done. This showed that when the bill
was before the house it passed its
second aud third reading on the same
day, without suspension of the
rules and without being reaa 10 Hll.
The rules of the houet proNde
tnat a bill must be res,A tuhS knd
completely on three sepais ~ daS. -
though It is customary z y
the rules and give mea Pui
eond and third readings by
and On the same day.
passed is perfectly legal 10 6rt
held that to so pass 1t without Ia aus-
pension of the rules WAS a fatal de
feet and one that could not be cured
by the certificate of the speaker OF
the house and president Of the senate
that it had been duly passed and en-
acted ss a law.
Attorney Whalen who appeared for
the petitioners as we'll as Attorney
Taylor agreed with the judge that the
error WIS a fatal one aud that the
law was so plain on the question that
to carry the question to the supreme
court would be a useless expense and
so Tar as the Bonner county drainage
district is concerned the matter was
dropped then and there.
Tue committee who had charge OF
the matter of forming the big drain
age district 10 this county took the
matter up with their attorney aud ne
conourred in the opinion of Judge
Dunn and the Bonner county attor-
neys. They we're loathe to drop the
proceedings and consulted other at
tornsys but they all conourred In the
opinion.
Just what will be done Ia the dis.
tricts already formed under this law
is not known. Bonds have already
beeu Issued in district number ons
on the Occur d'Alene river and oonsi
derable dykinR has been done.
District number two which embraces
The land across the river from this
city has been formed and the commits
sioners appointed but that Is Is fal
rs matters have progressed and It l.
not knuwn whether the commission
ers will attempt to issue bonds auC
go on with the work or not.
The formation Of district mum bel
three which includes the territory
adjacent to R X. Msrshall's place
about six miles down the river, haC
been held up to await aetion 10 the
big district which WAS to have In
cluded all Of the overflow lands auf
It ls doubtful II any further step
will be taken.
OF course the decision Of Judg'
b Dunn is not hnal on the question anC
D some Of the districts may decide t.
take the matter TO the supreme oour
for although the law stands until tn
supreme court passes on It, 1t i
doubtful If any purchasers could b
found for the bonds until the ques
tion Is cleaned up.