Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1914-10-15
IOWA DRAINAGE LAW
STATE SUPREME COURT uPHoLDs
VALIDITY OF STATUTE IN
EMMETT COUNTY CASE.
SUsTAINS ENTIRE MEASURE
Decision Declares That Notice to Nom
resident or Resident Land Owners
BY Publication in Newspaper for
Two Weeks Is Sufficient.

Des Moines.-The constitutionality
Of the drainage law of Iowa was sus
tanned by the supreme court in an
opinion handed down in the case o.
Frank Taylor and John P. Kirby, ap
pellants, VS.. Drainage District No. 56
board of supervisors OF Emmett coun
ty.
The case was of immense import
ance to the state for the reason thai
the validity of the law was attacked
The court upheld the measure on ev
cry point.
Taylor and Kirby own land in EN-
met county. Oct. Is, 1909, the farm
ers of that section petitioned for tn,
establishment of a drainage distric
complying with the terms of the
drainage law. The supervisors estab
lished the district, but Taylor ant
Kirby protested for the reason tina
their claim for damages was thrown
out as having been filed too late
AS the outcome Of the suit begur
by the two farmers, the high cour
holds that:
The drainage law is constitutional.
. Notice to resident and nonresident
land owners by publication in a news
paper once each week for two weeks
Is sufficient.
Two weeks time is ample for thu
filing of claims for damages in drain
age cases,
The appellant contended that notice
by publication is no notice at all ant
that each person affected should have
been given personal service. Chic
Justice Scott M. Ladd in writing thu
opinion said that the publication b.
newspaper is sufficient so that per
sons with ordinary intelligence will
either read it or hear Of it through
other sources. II the owner is a non
resident and has no agent on tn,
ground or he fails to get notice, hi
must bide the consequences, the opin
ion states.
AS for the period OF two weeks
time being given to file claims fol
damages. Chief Justice lLadd says tina
time limit is necessary or an enter
prise such as drainage district could
never be completed. However, the
failure to file a damage claim In time
to be considered does not deprive the
property owner of his rights to pro
coed in the courts just as in Other
damage cases, the Judge asserted.
AS for tho third ground urged fol
the unconstitutionality of the law, the
court says that the omission OF the
notice to say that the report of the
engineer might be amended before thu
project was ordered, was q mere de
feet. All Of the judges concur in tlf'
opinion.
Convict Labor Satisfactory.
The work being done by Warder
Sanders select class of special work
men sent from Fort Madison to Wood
ward to work on the clearing of the
state epileptic farm is declared b,
Chairman McConlogue to be satisfa7
tory in every respect :.
II am not surprised that the farm
ers down in Lee county, and man.
Others" said the colonel. send I,
Warden Sanders for workers whel
they have hard jobs to be done. Afte
seeing what our colony is doing a
the epileptic farm ! realize how wei
these men do their work. Every oa'
is trying to make good and work
hard. Then they have nothing to din
tract their, minds. They do thei
work and sleep soundly. The con
victs are making a great improve
ment at the farm and it is really SUI
prising how much they are accom-
plishing in the way Of clearing it u,
ready for building operations mex
year."
Rural School Teachers.
Rural school teachers in Iowa will
ask the next legislature to grant then
time out of school hours to read peda
gogical books.
These teachers would like to form
township reading circles and meet to
gether one afternoon each month TO
study, without forfeit of salary TO
half day absence. The Iowa Teach
eIs' college is promoting reading clubs
among the teachers Of the state ant
will send members of the faculty I,
the meetings of the reading circle Il
assist in the study of the book
which the teachers are required b.
the state to read. The teachers have
accepted the offer made by the stat
college, but say thy should have a
least one half day during the schoo
month to meet for study. Schoo
boards are not willing to grant hal
holidays for reading club meetingl
and the rural teachers will ask tn,
general assembly for relief.
Iowa Farmers Move often.
In compiling data for the last fed
eral census, the enumerators asket
every farmer in Iowa this question
"How long have you lived op the farm
you now occupy?' This question
was answered by 196,710 of the 217
O04 farm operators in this state
More than $4,000 stated that they hat
occupied their farms only one yea
or less; 42,267 from two to four years
34,S04 from Ave to nine years, an,
e4,SS9 ten years and over. The mos
restless class Of people in this stat
is the share basis tenant.
Refuse to Probe Healing School.
The state board OF health refused Il
investigate local chiropractic schoo
when requested to do so by person
i.terested in suit pending agains