Toler v. Bear Creek Drainage Dist.

I think the chancellor was in error in his holding on both of the points involved in the case. The first objection raised which the majority opinion declines to notice because it was not argued is that the court had no power to organize the district because Bear creek, and the other streams and lakes connecting it with the Yazoo river, were held by the chancellor not to be a navigable stream, and consequently that the organization of the drainage district was not prohibited by section 81 of the Constitution of Mississippi, which prohibits the legislature from permanently obstructing any of…