State ex rel. Spencer v. Drainage District No. 1

The opinion of the court was delivered by

Harvey, J.:

This is a quo warranto proceeding, which questions the corporate existence of drainage district No. 1 of Lyon county. The drainage district was organized, and is attempting to function under R. S. 24-601 to 24-640. The trial court held R. S. 24-601 to be void for the reason that it confers upon the petitioners legislative powers, and held R. S. 24-603 to be void for the reason that it confers legislative powers upon the district court. Judgment was rendered for plaintiff. Defendant has appealed. The sole question before us is the validity,…