Illinois Law Quarterly Volume 3

Illinois Law Quarterly Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...after their organization the important acts of assessment and classification are entrusted to mere drainage commissioners and not to a court. There is this important advantage in organizing a drainage district before a court: The records of a court cannot be gone into in any collateral proceeding and contradicted by matter dehors 'the record, but the jurisdictional findings of the highway com missioners in organizing a district or spreading an assessment can be contradicted." Moreover, the very important rights of landowners are far better secured before a judicial tribunal than before a local body of highway commissioners, untrained in applying the law. It is true that the litigation over the formation of districts under the Levee Act has been more frequent in the Supreme Court in late years than similar litigation affecting the organization of Farm Drainage Districts. But this is due, first, to the fact that hardly any large drainage districts are organized any more under the Farm Drainage Act, and further because there is no method of judicial review of the organization of a single town or union drainage district except in a proceeding by quo warranto. Now this is really a point in favor of the Levee Act method of organization because if the order organizing a Levee Act district is not reviewed by appeal or writ'of error to the Supreme Court, the Levee Act districts can be attacked on fewer grounds in quo warranto than the Farm Drainage districts organized by highway commissioners. 14 Payson v. the People, 17 5 Ill. 267. 15. People v. Graham, 280 Ill. 303. We said above that assessment and classification is made by drainage commissioners under the Farm Drainage Act and not by a court. This is not strictly true because more

Product details

  • Paperback | 76 pages
  • 189 x 246 x 4mm | 154g
  • United States
  • English
  • black & white illustrations
  • 1236938267
  • 9781236938268