Belzoni Drainage Commission v. Winn

Citations

• 98 Miss. 359
• 53 So. 778

Syllabus

<p>1. Constitution, Section 90, Pah. Q. Special laws. Drainage. Natural drains.</p> <p>The Acts of 1910, chapter 183, a special and local law, creates a special drainage district with the object and purpose to provide adequate and effectual drainage by artificial drains, canals, ditches or other drainage facilities and provides for a commission to develop a drainage system by canals and by improving and shortening all natural drains, held that the words “Natural Drains” so used meant natural water courses including creeks, streams or rivers, and that the act was therefore violative of Constitution, .section 90, paragraph “Q” prohibiting the legislature from making special laws relating to water courses, fences and stock.</p> <p>2. Water Course.</p> <p>A natural channel with defined bed and banks of varying width and depth through which water is conveyed and discharged is a “water course,” and the fact that it is most of the time dry or not running, is not enough to deprive it of the character of a “water' course.”</p> <p>3. Part op Act Unconstitution al.</p> <p>Where the whole purpose of an act depends upon one feature of the act and this feature conflicts with the Constitution the whole act must fail.</p> <p>4. Suit bt Taxpayer.</p> <p>A party liable to taxation by the carrying out of a drainage scheme under an unconstitutional statute may sue to restrain the enforcement of the act.</p>