Board of Supervisors v. Black Creek Drainage District

Citations

• 99 Miss. 739
• 55 So. 963

Syllabus

<p>1. Drains. Property assessable. Constitution, section 170. Code 1906, section 1721. Board supervisors.</p> <p>Code 1906, section 1721, providing that if, in the organization of a drainage district and the construction of ditches and drains thereunder, any public road or railroad or turnpike shall be benefited by said system of drainage, the said commissioners shall have the right to assess said road, public road, rail roads benefited, etc., is violative of section 170 of the Constitution 1890, in so far as said act confers on the drainage commissioners power to assess the public roads with such an amount as they may deem said roads benefited by the drainage district, since under said section 170'of the Constitution, “the boards of supervisors have full jurisdiction over roads, etc.”</p> <p>2. Statutes. Validity.</p> <p>Where a part of a drainage act is unconstitutional, but the invalid portion of the statute is clearly separable from the balance, and there is left a consistent drainage scheme, the balance of the act is not affected thereby.</p>