Evening capital news. (Boise, Idaho) 1901-1927, 1916-12-13
Decision Handed Down by
Supreme Court in Canyon
County Litigation Involv-
ing Construction of Works
FORMER RULING OF
THE COURT MODIFIED
Instructions Given to Allow
Filing of Proper Amend
ments to All Pleadings-
Court Confronted With
Unusual Situation.

The supreme court remanded for
of Canyon county, C. G. Burt ct al,
commissioners of the district versus
the Farmers Cooperative Canal COM
pany and the Noble Ditch company in
a decision handed down today when an
appeal from the judgment of the lower
court was given "a re-hearing. The
district court for Canyon county is di-
rected to frame the necessary issues by
pleadngs. a former decision of the
supreme court is modified by the pres
ent one. The case is one of consider
able importance in Canyon county.
Justice Alfred Bulge wrote the de-
cision. His findings are concurred in
by his associates. The court found it
was confronted with most unusual
situation growing out of not only the
question involved but also of the form
of the pleadings required by the stat
utes in cases of this character.
The court says concluding it's decis-
ion:
ISSUES CONFUSING.
IAN examination of the record before
us disclosses the fact that the ques-
LlOJlS vi law anu IdCl arising by reason
of the report of the drainage commits
sioners and the remonstrances of the
respondents made thereto are more or
less confusing, and questions have been
suggested by counsel on the arguments
and in their briefs that may become
very material in the proper determine
ton of the questions involved in this
case, and especially as to the proper
ON ,atr ~ 1a I,.af o+
which this case is based and the future
policy of the law with reference to the
creation of drainage districts within
the state, and the assessment Of bene-
fits. In this case the trial court con-
strued and acted upon the remon-
strances as demurrers to the report of
the drainage commissioners. thereby
ignoring the numerous issues of fact
presented by such remonstrances, the
determination of which may have an
important bearing upon the final de-
termination of the legal questions pre-
sented by such remonstrances 1t fur
Their appears to this court that what
ever questions this court may deter
mine on the record before it, still the
case must go back for trial.
1T seems hardly proper to call upon
this court to definitely determine many
of the legal questions that may be pre-
scented on the present record, and es-
pecially to construe the drainage act
and amendments thereto as applicable
to this case, when 1t is apparent from
the record and suggestions of counsel
that other facts should be pleaded and
the questions OF law and fact should
be segregated, and such questions OF
fact supported by testimony.
DISTRICT COURT REVERSED.
In view of the foregoing, the trial
| court will proceed to frame the ne
cessary issues by allowing proper
amendments to all pleadings, and will
receive evidence touching the liability
of respondents, as we'll as that of all
| other property owners claimed to be
liable to assessment for the purpose of
making the proposed Improvement
whether now in the district or hereaf-
ter included or properly sought to be
| included therein, and the legal ques-
tions considered by the court on the
| former hearing will not be deemed the
| law of t.4Is case, or as binding on the
trial court upon the trial of this case
and this court here by expressly re-
| serves the right to place a final con-
| struction upon the drainage act and the
| amendments thereto as contained In
| the session laws of 1918, at page IS
and the session laws OF 1915, at page
| 124. until such time as these acts are
| before this court in proper form as
herein indicated.
THE order of the district court is
/ therefore reversed. and the cause re-
manded for further proceedings with
the privilege allowed to the parties tc
this proceeding to amend the pleadings
in the trial court in such manner as
may be proper"
u
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