The Holt County sentinel. (Oregon, Mo.) 1883-1980, 1914-08-28
The Drainage District Case.

The proceeding for the assessment,
OF benefits 10 lands In the Big Tarkio
Drainage District OF Holt county,
was on trial over at savannah, all
last week. Tie case was heard by
Judge Seehorn, Of the Kansas City
Circuit Court, Who was holding court
there In the place Of Judge Burnes.
The drainage district MAS organized
In 1910 by q decree Of the Circuit
Court OF Andrew county, to which
court the proceedings for the incor.
poration VI the district lad been
taken on . change Of venue from the
Holt County Circuit Court. After
the decree Incorporating the district
Was rendered by the Andrew County
Circuit Court, the Board Of Supervis.
ors OF the district applied TO Judge
Ellison Of the Holt County Circuit
Court for tile appointment OF com.
missioners to assess benefits and dam.
ayes TO the lands In the district, as a
basis for taxation to raise money 10
construct q system Of drainage.
Judge Ellison made the appoint ment.
the commissioners made their as.
sessment, and reported II TO the Holt
County Circuit Court, Certain land
owners He'd their exceptions and on
a trial In the Holt County Circuit
Court the assessment vas confirmed.
II.nNN N.L.F .lt
August Ileine, three landowners In
the district, appealed 10 the Supreme
Court. \ decision was handed down
a few months ago, holding the whole
assessessment void, on the ground
that the Holt County Circuit Court
had no jurisdiction.
In tie meantime, while the case
Was pending In the supreme Court,
the district had gone ahead and Is.
sued bonds, sold them, and with tile
money had constructed the system "
drainage which they had planned.
The decision Of the Supreme Court
left the district without any means
to raise money TO pay the principal
and interest Of the bonds.
After the decision OF the Supreme
Court, the Board OF Supervisors ap.
piled to Judge Burnes, OF the Andrew |
County Circuit Court, and had com.
missioners appointed TO make another
assessment. Judge Burnes appointed
the same commissioners that had
been appointed by Judge Ellison, and
they filed their report with the clerk |
OF the Circuit Court OF Andrew |
County. their report being practically
q duplicate Of the assessment pre-.
viously made by them. Twenty one
OF the landowners within the district
died exceptions, and the hearing At
lasting from August 18th
TO 2lst, was on these exceptions. The
taking Of evidence WAS completed on
the 2lst, and the case Is TO be argued
before Judge Seehorn In his chambers
In the Court House at Kansas City,
on N onday, the 3lst.
The bond holders appear to be the
ones VINO are now holding the sack. |
They we're represented at the hearing
by Mr.. W. T. Rutherford, Of Clarke
who assisted Mr.. w. II. Rich.
ards, the attorney for the district, in
the trial. Mr.. Rutherford Is Assist
ant Attorney General Of the State,
and has had = good deal Of experience
m All |
Of levee and drainage districts In the
part OF the state.
Messrs. II. Il. b. Williams and
Frank Petree, Of this county. repre-.
sented the objecting landowners.
The case has been bitterly con.
Tested, and no matter which way 1t is
decided, will probably 10 to the SUI
'ettled.