120 P. 461 | Idaho | 1912
The respondent, the Pioneer Irrigation District, was duly organized in the year 1901 under and in conformity with the irrigation district law, and the organization thereof was thereafter duly confirmed by a decree of the court. (Pioneer Irrigation District v. Bradbury, 8 Ida. 310, 101 Am. St. 201, 68 Pac. 295.) It has ever since been operating and doing business under and in conformity with the irrigation laws of the state. The case now before us involves the proposed action of the board of directors of the district in reference to calling a bond election for the purpose of voting an issue of bonds in the sum of $313,290 to carry out a plan which has been adopted for the collection of drainage, waste and seepage waters within the district, and the storage of the same for use in the irrigation of lands of the district. The appellant herein applied to the district court for an injunction to restrain and enjoin the directors from further proceeding in accordance with the plans proposed. The district court denied the application, and. this appeal was thereupon prosecuted.
We will consider the questions presented in the order in which they are considered in the briefs.
The election involved in this case is not such an election as is provided for by sec. 2375. That section provides for an election to determine whether or not a district shall be organized, and sec.. 2376 provides the manner of conducting the election. We fail, therefore, to see wherein the construction or consideration of secs. 2375 and 2376 is involved in this case. The decision of this court in Pioneer Irrigation District v. Walker, 20 Ida. 604, 119 Pac. 304, was dealing with an election to be held subsequent to the organization of the district, and we did not in that case consider or pass upon the question as to the validity of a statute which prescribes a property qualification for the purpose of participating in the organization of a district, and for that reason, as well as the further reason that we do not consider secs. 2375 and 2376 necessarily involved in this action, we reserve the opinion of the court
The third conclusion of law reached by the court is as follows: “That eliminating the unconstitutional provisions from said sections eliminates said property qualifications in elections for bond issues, as the legislature has not specifically provided a property qualification in a specific method set out for holding elections for bond issues in particular. ’ ’
It would have been competent for the legislature to have prescribed a property qualification for persons offering to vote at an election held for the purpose of voting a bonded indebtedness. (Sec. 20, art. 1, of the constitution in Wiggin v. City of Lewiston, 8 Ida. 527, 69 Pac. 286.) The legislature, however, has not attempted to prescribe any special qualifications for electors at elections held for voting bonds. Sec. 2396 which provides for bond elections, provides, among other things, that the same qualifications for voting at such an election shall be required as are required to vote at an election held for the election of officers of the district. Sec. 2379 provides the qualification of electors for voting at elections held for the purpose of electing officers of the district, and that section contains the property qualification which has been held unconstitutional in Pioneer Irrigation District v. Walker, supra. It follows, therefore, that this provision in see. 2379 cannot be held void and unconstitutional for one purpose and valid for another. In other words, it cannot be held void as it stands in the section for the purposes therein designated and then be held valid by reference from sec. 2396. We must therefore conclude that no special qualifications have been prescribed for voting at elections held for the purpose of voting a bonded indebtedness.
The fourth conclusion of law made by the trial court is as follows: “That the general plan so adopted by said board of
Aside from the foregoing considerations it would seem at first blush that a district might be authorized under the law to construct a drainage system where necessary for the protection and preservation of lands within the district. The law clearly authorizes the formation of irrigation districts and procuring a sufficient supply of water for such purpose. If, in the course of performing this work, seepage and percolating waters from the canal system flood and overflow the lowlands of land owners within the district, 'the district is certainly under an obligation to take care of such seepage or overflow and protect such lands (Stuart v. Noble Ditch Go., 9 Ida. 765, 76 Pac. 255); and it would seem that the district would have the implied power to take such steps as would be necessary in order to protect land owners from damage or the loss of the use of their lands:
Our examination of the record in this ease fails to disclose any error in the judgment of the trial court and the judgment should therefore be affirmed. Judgment affirmed, with costs in favor of the respondent.