Northern Pacific Railway Co. v. Pierce County

Citations

• 51 Wash. 12
• 97 P. 1099
• 1908 Wash. LEXIS 955

Syllabus

<p>Drains — Drainage Districts — Proceedings — Preliminary Costs —Liability of Land — Benefits. Under Laws 1895, cb. 115, authorizing the organization of a drainage district where an improvement would be of special benefit to a majority of the lands included in the proposed boundaries, property included in the district which was found to be not benefited may-be • proportionally.-taxed -with all the other land in the district to pay the preliminary expenses to ascertain whether the proposed improvement should be carried’ out, upon abandonment and dismissal of the proceedings for lack of sufficient benefit to cover the cost; the power to levy such tax being incident to the main power conferred, and is not affected by failure of the contemplated improvement.</p> <p>Same — Objections—Waiver. A land owner who makes no objections to proceedings to establish a drainage district until after decree is made, is estopped to object to anything except the constitutionality of the law.</p> <p>Same — -Taxation—Power to Levy Costs of Proceedings. The power of the legislature to authorize the levy of a tax upon a drainage district to pay the preliminary expense of ascertaining whether the improvement shall be made, does not depend upon whether the district is a municipal corporation, and the tax cannot he objected to where the burden was voluntarily assumed by a vote of the people-of the district.</p> <p>Statutes — Title and Subjects — Amendments. Laws 1903, p. 90,. relating to drainage districts, does not violate Const, art. 2, § 37, providing that no act shall he revised or amended without setting out the same in full, since the same is a complete law of procedure-within itself.</p>