| Show THE irrigation DECISION I 1 on oil monday judge rol bo of the ninth judicial court which em braces decided the wright irrigation law in effect la in be goldea tate stage to be there was gaea a brief synopsis of the be dedsion la in the dispatches swing stating that the ground of the coultas ruling was that the law operated to confiscate property without due proem process of law from the standpoint of the din irrigation system as legally on trolled strolled a etem system which has h boon been adopted by several western sta tebe stacee the court s ruling is freely commented on as being a big blow to 1 and the hope to 1 expressed that on oa ap peal to the supreme court of the united states judge revels ruling witt wilt be reversed re kio holds holde that irrigation dla dis be created and authorized to 90 levy OL a tax when such tax not to benefit private primate pro property petty as to the tb cue case when it i is expended for irrigation burke the ruling states that as a the act contemplated the ft bitch moot of a plant not for the use of the general public but for only such auch as a resided and owned lands within the he district this was not such a public use baesa an would justify the appropriation of private property by the levy of a tax As to the proposition that we the law jaw could be maintained under the power of assessment for local improvements vested vented in the Jogi legislature slature judge boss held that the workings of the wright law were in direct violation of the be national constitution by depriving the be individual of oil his property without due process of law there being over three aud and a halt half million dolland worth of of f bootie bonds issued under the law to in california it was urged that public policy demanded that the statute be sustained upon this point the court said the fact that vast sums of money have been invested in works constructed under and in pursuance of 0 this legislations and that bonds running into the Mi million have been issued and and sold and that many individuals may not be able otherwise to secure water for the lir irrigation of their respective tracts tract oi of larrit rit I 1 and am that the valid validity ty tv of the legisla tion has bas been several times sustained by b the supreme court of the state while de mandis on the part of this court great tare care and caution in the consideration of the case and casting upon it a very grave responsibility cannot justify it in failing to declare invalid legislation which in its judgment vio lates latea those principles of the constitution of the united states which protect the private property pro perty of every person against forcible taxing taking without due process of law and for any other than a lawful purpose such questions are not to be determined ter mined rained by questions of expediency or hardship unfortunate as it will be if losses result to investors nv estors and desirable as a it undoubtedly is in this section of the country that irrigation facilities beim be im proved and extended it is far more important that the provisions of that great charter which to is the sheet anchor of safety be in all things observed and en forced lorcey there Is no ao doubt that the is a severe blow to the irrigation I 1 system ID an california and it if it to is eu ou stained to la we me higher court will seriously affect other states which have followed the wright law in that r respect poet ft to Is of vast amport importance constitutional are are at variance in their opinions loos as to whether abo do decision doolsoon will stand some teal 1164 U be maintained as ake auh bol a rule would do 0 away wibb the making i 7 and taxing of districts elc while others insist that it is good ww aad duel hot dot the he school dig di system air stena where we the funds fu ads aroused wholly for public tum a interest in abe question is ia thai chist were there have been ous efforts to have the wright system adopted here this ba beeb restated on abe very grounds set act up by judge ross ron foghis for his obest objection tion to 40 we system mastera MY stera the decision bomes at an opportune time to cause changes iliad noo eMary in the existing affairs of this territory to 0 be well considered before bellac being made the idea of con was waa strongly antagonized cholm there was a supposed suggestion mat way at the late constitutional convention and now that judge fah bas arraigned she system under the weight 9 law in such strong off terms for its Jeeni la in that direction it is not jicy to meet with increased favor beatt XV at least until the subject is more tally ventilated |
