Loup River Public Power District v. County of Platte

I cannot agree to the majority opinion in this case. Its potential effects are so far reaching that I deem it toy duty to state briefly a few of the reasons why I disagree with it.

The drainage district involved was constructed under the provisions of chapter 31, art. 1, Comp. St. 1929. I shall not here attempt to outline the provisions of that article. Suffice it to say that in this action no attack is made upon the constitutionality of such article, or any part of it, and that no attempt is made to allege or show that the proceedings by which the drainage ditch was established, and the…