The courier-index., 1919-05-16
AGAINST
 ROAD DISTRICT
MANY LAND OWNERS SEEK IN- JUNCTION AGAINST DELTA DISTRICT IN EASTERN SEC TON OF LEE COUNTY.

the creation of the Delta Road Im- provement District, was staged at an adjourned term of chancery court here yesterday, when Chancellor Hutchins gave hearing on a petition filed by land owners who object to the proposed inn provement and who are seeking an injunction against J. B. Hood, H. L. Yarbrough and w. A. Elliott to prohibit them from levying assess ments against the land in the dis ftrict and constructing the proposed Eroad. The remonstrants are repre- sented by Roleson, Calling & Nor ton, and by Daggett & Daggett Joe w. House of Little Rock, attorney for the district, and w. F. Nelson of this city, appeared for the dis trict. The chancellor took the mat ter under advisement.
 The act creating the Delta Road Improvement District was drawn by w. A. Elliott, one of the Lee coun- ty members of the last legislature. 1t forms certain territory east of the | St. Francis river into an improve ment district for the purpose of constructing a modern highway from a point two miles southeast of Peters, through Council, to Kokomo, distance of approximately IS miles. The act creating the district named Messrs. Yarbrough, Hood and ! Elliott as commissioners.
 | Recently considerable opposition has developed to the district because of certain features of the act to which property owners object. Among the reasons set out in the complaint why the injunction should be granted are the following
 That the act is unconstitutional because 1t is local act and was not 1 published as required by the con- stitution. This question has been before the Arkansas supreme court which body decided the legislature itself is the sole judge of whether or not this section of the constitu- tion has been complied with. The petition filed in this action, however denies the right of the supreme court to set aside the constitution claiming such action is a violation of section one, of the fourteenth amendment to the constitution of the United States.
 | That at the time of the passage of the act there was in force and effect a general law under which the improvement district could have been created, and that the decision of the supreme court of Arkansas that the legislature may pass a special act where there is a general act applicable, is taking property without due process of law and is contrary to section one of the four teenth amendment to the constitu- tion of the United States.
 That the lands in the Delta Dis trict are also within Road Improve ment District No. 1 of Lee county and are under the management and control of the commissioners of the district. That the district has bor. rowed large sums of money and is. sued bonds, now outstanding, and the lands are being taxed to retire these bonds. If the Delta District stands, the complaint ayers, double tax will be placed upon these lands
 That the commissioners of the Delta district are -perpetuating that they appoint the board of asses sors and that the assessors, under the authority given the commission
 CTS Tn the act, must assess the bet
 terments according to the ideas o1 the commissioners. That there i.
 no appeal or trial by jury on ths assessments.
 That the Delta district is uncon
 stitutional because it attempts to Ia, !; out and establish roads without frs
 applying to the county court, whicl has exclusive jurisdiction in the mat !, ter of creating roads, and that tn,
 roads proposed in this district d,
 not begin at point on publi,
 road nor end on a public road. That the commissioners are no
 limited in the amount of tax they may levy against the lands nor ar, they restricted as to the nature o. the road they may build.
 These and other reasons are as signed why an injunction should b, issued against the commissioners, re straining them from proceeding witt their plans.
 The petition of remonstrance i
 signed by the following:
 W. N. Straub, S. Straub, Mrs. W
 D. Reeves, S. D. Warfield, Henr, Seals, Lawyer Starks, Ellen Donald
 son, D. c. Farmer, Simon Peters Jeannette Bentley, Arthur Thomas L. B. Boler, Walter Boyd, T. S
 Swilling, Geo. Jenkins, Hiram Will jams, s. H. Askew, Mrs. K. H. Dun ham. Mrs. c. I. Muikey, Mrs. M