In re Drainage District No. 1
Idaho Supreme Court
APPEAL from tbe District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action to determine the validity of what is known as the “Drainage Law.” The present members of this bench have not hesitated to express disapproval of the majority opinion in the Cohn-Kingsley case.
Read the full summary
APPEAL from tbe District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action to determine the validity of what is known as the “Drainage Law.” The present members of this bench have not hesitated to express disapproval of the majority opinion in the Cohn-Kingsley case. (Swain v. Fritclvman, 21 Ida. 783, 125 Pac. 319.) The omissions in the journal that have been held fatal to any bill have been omissions of facts which the constitution expressly requires should be entered in the journal. The true rule and the one now almost universally accepted by those…
1Opinion of the CourtSulliyan, C. J.
This appeal involves the constitution-, ality of what is known as the “Drainage District Daw” of this state, passed at the twelfth session of the legislature and found in 1913 Session Daws, p. 58. It is contended that said act was not passed by the legislature in accordance with the provisions of sec. 15, art. 3, of the constitution. Said section of the constitution is as follows:
“No law shall be passed except by bill, nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the members; nor shall any hill become a…
2Cases cited9 opinions
- State ex rel. Turner v. HockerSupreme Court of Florida · 1895
- In re Ellis' EstateSupreme Court of Minnesota · 1893
- Cohn v. KingsleyIdaho Supreme Court · 1897
- Rash v. AllenSuperior Court of Delaware · 1910
- Ridgely v. Mayor of BaltimoreCourt of Appeals of Maryland · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carlton v. GrimesSupreme Court of Iowa · 1946
- Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
- Garrett Transfer & Storage Co. v. PfostIdaho Supreme Court · 1933
- State ex rel. Kohlman v. WagenerSupreme Court of Minnesota · 1915
- Cox v. Stults Eagle Drug Co.Arizona Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.