Evening capital news. (Boise, Idaho) 1901-1927, 1920-01-04
THREE IMPORTANT
DECISIONS IN 1878
BY SUPREME COURT
Irrigation Land Benefits Clas-
sified, State Notes Held
Valid and Utility Boards Re-
view Powers Defined.

Three important decisions among
others, were rendered by the state SUI
preme court In 1919.
Perhaps the outstanding decision
from the standpoint of general effect
was the case of Drainage District No. 2
Of Canyon County VS.. Extension Ditch
company, in which the supreme court
defined the assessment benefits. to be
apportioned as between high lands"
and low lands" with definitions as to
what would constitute these two class
es of lands.
The points in this decision of special
interest We're as follows:
HIGH AND LOW LANDS
'rhe term high lands as used in
the drainage act means lands which
will not be enhanced in value by the
construction of the drainage works,
but which contribute by seepage of
irrigation water therefrom to the sat-
uration or waterlogged condition OF
low lands BY low lands is meant
lands which will be benefited In the
ordinary sense, 1. g., enhanced in value.
Benefits to low lands are to be de-
termined in accordance with the en-
HANGED value thereof Benefits to high
lands are to be determined in accord
ance to the extent to which such lands
are responsible for damages to low
lands by reason of seepage of irrigation
water which contributes to the satura-
tion of or waterlogged condition of
such low lands. The amount of such
responsibility will be the proportion
which the amount of water contributed
by such high lands bears to the COM
bined contribution of water from all
sources of irrigation.
VALUES CONSIDERED
IF portion of the benefits derived
by low lands from the construction of
drainage works will arise from en-
hancement of the value of such lands
If they were in their natural state or
by changing water conditions other
than the damage caused by seepage
and saturation from irrigation water,
such benefits cannot be considered in
determining the assessment to be
charged to the high lands. After de-
termining the proportion Of the cost
of drainage works which should be
borne by the high lands, the remainder
should be apportioned and assessed to
the various tracts of low lands accord
ing to benefits based upon enhanced
values"
THE order of a district court made
following the hearing of a petition to
organize drainage district organized
and defining the boundaries thereof, Is
not final order, and is not res ad-
judieata as to any lands excluded from
the boundaries of such district there
by; but the statute gives the court ex-
press authority to modify or change
the boundaries of the district after the
hearing upon the report of the commits
sioners."
UTILITY MATTERS
The important point that the state
supreme court has no Jurisdiction to
review the findings of public utilities
commission was brought out by the
supreme court in its decision in the
case of Nell, ct al, VS.. Public Utilities
commission. This decision. rendered
q ring the session of the legislature.
resulted in the proposal by the legisla-
ture for the ratification of the voters
of constitutional amendment to ex-
tene the supreme courts Jurisdiction
TO the findings of the public utilities
commission.
That the issuance and sale of state
treasury notes in conformity to the
laws or 1919 does not incur an indebt-
edness within the meaning of the ar
ticle of the state constitution limiting
the states Indebtedness was held by
the state in the case of state. ct rel
Black, attorney general, vs. Eagleson
treasurer. This decision rendered
valued $i,s5o.00o worth or state treas
ury notes issued TO raise funds for the
states operation expenses while Il was
awaiting receipt OF the first half az
tle 1918 taxes, which are Just now he
ginning to come in. The supreme court
held that under the circumstance the
issuing of the notes was in the nature
of a cash transaction.
High railway fares and Increased ex-
penditures since the termination Of the
war have brought out the professional
shopper in London, who finds her list
OF patrons rapidly growing.
Long Island City. N. r, is said n
have the largest coffee pot in the
% ions !. T Tp s U3ieS holds Sa;, AS gal
the workmen Of railroad power housa