Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1913-10-31
MAY TAKE IT TO
SUPREME COURT
Districts of State Anxious for Legal
Opinion Of Validity Of Pass
age of Drainage Law
MUCH WORK NOW HELD UP
Calling Of Special Session of Legisla-
ture May Result

4 A desire to have the validity of
the passage of Idaho's drainage
law tested out in the supreme court
is being expressed by those inter
ested in the several big drainage
projects of the state and it is more
than probable that steps towards
this end will be taken in the near
future.
As matter of fact the drainage
law of Idaho has never been de-
clared null and void by any court.
The question of its validity came
up in September last when the
hearing in the matter of the forma-
ton of District No. 7, comprising
some 40, 900 acres in the KoOtenai
valley, was had before Judge
Dunn. The attorneys representing
opposition to the formation of the
district brought evidence to show
that the drainage bill had not
legally been passed by the House
of Representative of the last legis-
lature although the vote on the
measure was unanimous in the
House and carried by a large
majority in the Senate. When
this evidence was introduced the
attorneys for. the Drainage District
conceded that the law was null
and void and called for no decision
of the court and the matter was
dropped.
The representatives of big drain
age districts in Canyon county and
in Kootenai county seem to believe
that the supreme court will hold
the passage of the bill to be valid
and so allow drainage work to
again be carried on without having
to wait. for the passage of new
bill or the re-passage of the old one.
In case the matter is brought be-
fore the supreme court and an adj
verse decision is rendered it is in
timated that the attorneys repre-
senting the drainage districts will
proceed to investigate the passage
of other important bills which be-
came laws at the last session of the
legislature and if flaws are found
in the passage of the same, steps
will be taken to have them also de-
clared null and void. Such an
action, it is claimed would result
in the notification of the approp-
ration bill and several important
measures and would mean the
calling of a special session of the
legislature in order that alleged
mistakes could be rectihed.
Many prominent people of the
state are interested in drainage
projects. The draining of some
40, 900 acres in Canyon county is
now being held up as is also the
drainage projects of Kootenai
county in which the Washington
Water Power company is interested
and the drainage of 100000 acres
in Bonner county. In some of
the districts work had actually
commenced.
Word was received recently by
those interested in the draining of
the Kootenai valley to the effect
that w. G. Sloan, drainage en-
gineer in charge of the office of
Drainage Investigations of the U.
S. Department of Agriculture with
headquarters at Boise, had been
ordered to come to the Kootenai
valley district to make an investi-
CATION of the conditions here
Mr.. Sloan is directly in charge Of
the Pioneer District" drainage
project in southern Idaho. Local
people feel that his visit here
means that the government will
take hand in the drainage prob
lens of this valley.