Rensselaer Republican, Volume 26, Number 32, Rensselaer, Jasper County, 5 April 1894 — Gifford Law Knocked Out [ARTICLE]

Gifford Law Knocked Out

Judge Wiley Decides the Whole i\ct Unconstitu-3 tional. Yesterday forenoon Judge Wiley delivered his decision in the Gifford Drainage District matter, in which ‘ he not only decided that certain specific but very important proceedings in the proceedings were illegal, but also that the whole s act was unconstitutional and void. The opinion was in writing and though very clear and able, it was also exhaustive, and therefore necessarily of great length. The Judge’s opening remark was that the act was, like man “fearfully and wonderfully made,” an observation the correctness of which his sub--flequeflt. L analysis jabkn-dantly established.

The main points of the decision, briefly expressed were these: That these particular proceedings to, establish the Gifford Drainage District are void and illegal, because the act clearly contemplates that the county surveyor, before endorsing the proceedings, should give the entire proposed work his inspection, a thing which the record upon its face showed had not been done. This part of the decision exonerated the surveyor from any intentional neglect of duty, and conceded that he had complied with the aw as he understood it . , The method of letting to Gifford the contract for the ditches privately was illegally done, because the law plainly {requires that it must be publicly advertised and let to the lowest - responsible bidder. It was also illegal because Gifford, as Drainage Commissioner, let the contract to himself.

The act itself is unconstitutional, because it confers upon the county surveyor judicial powers, which the constitution of the state forbids. Gifford, as a contractoi, gave bond to himself and two others as drainage commissioners. This is illegal and void. The act is unconstitutional because while it provides for taking private property for public use, it does not provide any means fur assessing and paying damages to the owners of such property. Finally the entire law is decided void because the proceedings required in the unconstitutional sections are necessary and indespensible parts of every proceeding under the law. The proceedings to establish the district were dismissed at the cost of the parties signing the agreement.