Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-01-02
DRAINAGE CASE
IS AFFIRMED BY
SUPREME COURT
Appeal From ChaveS County
in Matter Of Dexter Green
field District Is Passed
Upon by High Tribunal
Lss.elAl eonrssronoanes 70 nonnlNa lounn.ll

Sallta ne. Jan 1.-The district
court for ChaNes county was affirmed
today in the matter OF the Dexter
Greenfield drainage district. ,lAcqncI
Mtehelct, rcmonstrant II was an APP
peal from an order of the district
court of the Fifth judicial district
within and for the county of ChaNes.
oNcrrullng the rcmonstWncc of the
appellant, Jacqucz Michelct, to the re-
port of the commissioners of the DuN-
tcr-Grccnfield drainage district upon
assessments for benefits damages and
costs of construction in said district
heretofore filed In said court
syllabus by the Cour,.
l. Section 50, chapter ST, laws of
1879, section 1858, code Of 1915, con-
strued. and limited in It's application
to such persons as have been assessed
for tho cost Of construction Of works
of a drainage district. and. as so con-
stfued, held not to be unconstitutional
as violative of section f6 Of article I
of the constitution. which prohibits
the Legislature from embracing more
than ono subject in a bill
.. Chapter Si laws Of 1912, section
1917 0l96S code 1915, which pro-
Vides for the organization of drain
age districts through the courts, held
not to be unconstitutional as violativc
of section ! of article Of the cOnsti-
tuition. which provides that no offs
cor charged with the exercise of pow
ers properly belonging to one of the
three departments Of the state gov
eminent, shall exercise any Of the
powers properly Belonging Ia either
of the other departments. except as
otherwise in the constitution pruVid-
ed or permitted, the duties imposed
by the act being held to be judicial
In character and not legislative or
executive, nor unconstitutional ass
ViolatiVc Of section of article 3 OF
the constitution which provides for
the nomination, and by and with the
consent of the senate, the appoint
ment by the governor of all officers
whose appointment or election is not
otherwise provided for the commits
sioners Of drainage districts being
held not to he of the class cOntem-
plated by the section; nor unconsttu-
tional as comforting upon the courts
the powers of taxation, the duty and
power of approving and confirmng
assessments far benefits in drainage
districts being held not to he the
power of taxation
J. said chapter held not to be Vio-
lativc If section Of article II of the
constitution which provides that all
domestic corporations shall he organ
lied ny and through the state cor
poration commission. drainage dis
triets being held to be public corpora
tions, ana Of a class not cOnprehond-
ed by the section Of the constitutions.
1. said chapter held not to be- vio-
latiVe of section 90 Of article of the
which prohibits the TAX.
Ing of private property for public
use without Just compensation.
5. Section 30 of said chapter held
to give the right Of appeal to this
court from the FINDINGS Of the district
court in regard to the required sigma
lures of the petition for Tie orpuniza-
ton of a drainage district within thir-
ty days after the same are filed and
to cut off the right
thereafter to question such findings
such findings being findings of fact
upon which the court assumes to act
6. A question not presented to
the trial court viii not be considered
here.
Opinion by Parker, J. Roberts g.
j.. concurring Hanna, J., not partici-
batting being absent