Arizona republican., 1922-06-15
UPHOLDS AUXILIARY
EASTERN CANAL AND
BONDS|T HAS ISSUED


That the Auxiliary Eastern Canal
irrigation district was legally organ
lied and that the first series of the
bonds issued by the district are valid
was determined yesterday by the su-
preme court, sustaining the lower
court of this county, from whose
judgment John Johnson appealed, the
appellees being II. l.. Chandler, Frank
H. Parker and John d. I.oper, con-
stituting the board OF directors of the
district.
The judgment was taken on an ac-
ton by the board of directors to de-
termire the legality and validity of,
and to have confirmed the proceedings
of the organization of the district
and all proceedings which might af-
feet the validity of the bonds in the
amount of s2,000,000.
An answer was filed by Johnson
who attacked the constitutionality
of the law of 1915, under which the
district was organized, and the con-
stitutionality of the act of 1921, un-
der which the bonds were issued.
There were three assignments OF
error. The appellant objected to the
act of 1915, on the ground that the
act creates a class of corporations
not authorized by the state constitu-
ton. because it confers upon boards
of supervisors legislative powers: be-
cause it authorizes the levy, by irrl-
CATION districts, of taxes upon real
estate without limitation; because the
taxes authorized are not uniform, IN
that there is excluded from taxation
personal property; because 1t con-
flicts with the federal constitution
- Il fA, On
ton of property without the consent
of the owner, to a private use; be-
cause it is in conflict with the four
teenth amendment in that it authoriz-
es the appropriation of residents
without due process of law.
There had been a stipulation as to
all facts so that there was nothing
before theA supreme court but the
questions of constitutionality which
had been raised by the appellant. The
opinion recites the history of irriGa-
ton district legislation from the en-
actment of the California Wright law
in 1887 and which had been followed
in nearly all other states which con-
tain arid regions. The Wright law
had been followed in the framing OF
the Arizona law OF 1915. That and
similar laws had been before the su-
preme court, and in all the states,
and once before the United states
supreme court, and in all these courts
the law had been upheld as constitu-
tional except in a single case, ana
that was reversed by the U. S. SUI
preme court In all these cases the
various objections of the appellant
had been raised and overruled.
AS to the contention OF the appel
liant concerning the conflict with the
federal constitution, the court held
that the law creating the irrigation
district did not propose the organiza-
ton of a private corporation, nor did
it contemplate the appropriation OF
property without due process. An
irrigation district becomes public
corporation.
The appellant also attacked con-
tract between the board of directors
of the district and the Salt River
Valley Water Users association un-
der which the district is to acquire
| at a cost estimated at 100000, cer-
! tain rights or easements in dam
proposed to be built by the water US
| ers at Mormon Flats.
| The court finds that the power OF
| the district to make such dispos1-
tion of the proceeds of its bonds Is
| conferred Dy lue dCt VI 1JSI, eto wei
as in the following statement of one
of the purposes of the bond issue
.'the construction and installation of q
pumping plant on the Salt river OF
elsewhere, or the acquisition of ar
interest in any such plant by Which
power for the operation Of the pump
ing plants and the furnishing of pow
er for domestic purposes may be Sc
cured for the benefit of the lands
included within the district"
The power which was essential t.
the development of the district coult
be secured only from the Salt or thu
V erde rivers, and since the rights II
those rivers have been acquired ant
vested in the Salt River Valley Wa
ter Users association, it became nee
essary that the irrigation distric
should enter into such an arrange
ment with the association.
|