Union Pacific Railroad v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

These actions were brought by the Union Pacific Railroad Company to enjoin public officers from collecting taxes levied upon its property by *74the Lenape drainage district for the purpose of building a levee, floodgate, and the.making of other improvements to protect the territory within the district from injury by overflow of the river. The proceedings toward the incorporation of the district were taken under the provisions of chapter 215 of the Laws- of 1905. The incorporation was initiated by a petition in which, through a clerical…