Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1914-09-25
IDAHO DRAINAGE LAW
HELD TO BE VALID
IDAHO SUPREME COURT RENDERS DECISION VITALITY AF-
FECTINC 10000 ACRES OF KOOTENA VALLEY
OVERLOOKED LANDS

The drainage district law passed by legislature of
this state is constitutional This decision the
of this opinion down late Sat
urday evening The opinion is written of Drain
age District No. of Canyon county The judgment of
trial court reversed and the pro-
ceedngs with expressed in the opinion
The litigation involved the validity of what is known
house bill No. 90 of which Representative T. E. Elliott
Bonner county the author and its by the house of
representatives of the last legislature The measure
tackled the grounds that it passed by the egsa
ture in accordance with the provisions of u.s.
of the read on three seperate
days the claim being made that the journal of the does
not show this that read all that the rule
providing for the reading of bill before passage sepa
ate times had been dispensed with.
The court modihes the former ruling in
Kingsley where in majority opinion expressly
held that the journal amativey provs
ions OF the constitution in regard the passage any
substantially followed by the legislature passage
of act and that it will be presumed legislature
piled with the provisions of the constitution passage
an act unless it appears the journal that it did
After reviewing the record of the journal passage
of the act the court says in its opinion
Said entries clearly show that of representa-
ves intended and did pass said BILL There was no oppo-
stion to it; unanimously adopted the yeas
entered the journal nays The
bill duly enrolled and signed by the of the two
secretary of state
The cites support of its findings
after which it says:
After reviewing the authorities unquesoned weight
of authority is the effect that journal affirmative
y shows that requirement of the constitution pas
of the bill has been omitted the presumption
requirement been complied with although the journal be
silent in regard thereto except when the constitution
mands that such act be entered on the journal
The syllabus of the court follows
Under the provisions of section 15 article of the
constitution it is provided that bill shall
less the shall have been read three days
in of urgency thirds of the house where
may be pending may upon of yeas nays dis
pense with the provision.
2-Under the provisions of 49, article g. each
house required journal of its proceedings the
and of the members of each house any question
may the request of three members entered on the
journal.
3-The journal entries made by either may be re-
sorted evidence prove either the regularity the
regularity of the passage of the law.
At shall not be presumed in any the mere
silence of the journals that either house has
authority dsregarded constitutional requirement the
passage of Legislative unless constitution has
expressly required the journals to show the actions taken
requires yeas nays to be entered
Sunless the journal shows afrmavely that the egis
lature has failed to comply with each step required
the passage under the provisions
stituon the presumption that the legislature did comply
with all of such provisions.
6-The of Cohn Kingsley, Idaho 416 modified
The fact that the highest of the
the drainage law is legal and constitutional will be welcome
Representative Elliott who fathered the bill and
who worked hard for its passage the legislature
be welcome all of Mr. Eiotts to all
those interested in the draining of the valley
the securing of such important legislation Mr. Elliott proved
his people of county it assured to
his friends that the of the will recognize his
worth and send him this year will
able to accomplish greater results for the county.
The findings of the court regard the drain
law affects the Kooena valley drainage projects
financial and that work be any
where it left of ago last August without
necessity of starting the beginning again would