State v. Chariton Drainage Dist. No. 1

CourtMissouri Supreme Court
Writing for the CourtMarshall
PartiesSTATE ex rel. COMPTON v. CHARITON DRAINAGE DIST. NO. 1 et al.
Decision Date22 December 1905
90 S.W. 722
192 Mo. 517
STATE ex rel. COMPTON
v.
CHARITON DRAINAGE DIST. NO. 1 et al.
Supreme Court of Missouri.
December 22, 1905.

1. DRAINS—DRAINAGE DISTRICTS.

Under Rev. St. 1899, § 8213, and Act April 8, 1905, § 8253 (Acts 1905, p. 192), with reference to drainage districts, and declaring that on the organization of such districts the judgment of the circuit court shall duly declare and decree the district organized "a public corporation of this state," such corporations are public, and not private, corporations.

2. SAME—DRAINAGE DISTRICTS—ISSUANCE OF BONDS—STATUTES—REPEAL.

Rev. St. 1899, § 8259, relating to drainage districts, was repealed by Acts 1905, p. 207, section 8263q of which provides that, where proceedings have been begun under the section repealed, they may be proceeded with under the act of 1905, provided that all liens, remedies, etc., for the collection of taxes provided for by the latter act shall so far as applicable be available for the collection of taxes levied and bonds issued under the section repealed, provided that, in all cases where districts have been incorporated under the repealed section and the work of drainage has been commenced and completed in whole or in part, no rights or obligation incurred by the district or individual shall be nullified. The old law authorized the issuance of bonds in a sum sufficient to pay for the whole improvement not exceeding $6 an acre, with the consent of the owners of not less than two-thirds of the number of acres in the district, while the latter act authorized the issuance of bonds not exceeding the amount of the tax levied by the judgment of the circuit court without the consent of property owners. Held that, where a drainage district was organized under the repealed act and the only matter incompleted when the act of 1905 took effect was the issuance of bonds payable out of the tax to be levied, the drainage corporation had the right to execute and deliver the bonds under the act repealed.

In Banc. Mandamus by the state, on the relation of William R. Compton, against the Chariton Drainage District No. 1 and others. Writ granted.

H. S. Priest, for relator. R. H. Kernf, for respondents.

MARSHALL, J.


This is an original proceeding by mandamus to compel the respondent district and the supervisors thereof to execute and deliver to the relator $65,000 in bonds of the drainage district. An alternative writ of mandamus was issued. The respondents entered their appearance, admitted the facts stated in the petition for the alternative writ, and averred that in their judgment it would be advantageous to the district to issue and deliver the bonds to the relator if they have a legal right so to do. The petition for the alternative writ alleges that the defendant district was organized, pursuant to the provisions of section 8251 et seq., Rev. St. 1899, on the 16th of May, 1904, for the purpose of reclaiming and protecting from water, by drainage or otherwise, a contiguous body of swamp or overflowed land in Macon county, Mo.; that the other respondents are the duly elected and qualified supervisors of the district; that on the 9th of June, 1904, the board of supervisors, pursuant to the provisions of section 8259, Rev. St. 1899, employed engineers to make a topographical survey of said district and a full and complete plan for reclaiming and draining the same, and also to estimate the cost of the work necessary to be done in connection therewith; that the engineers made a full report on the 9th of November, 1904, showing the work necessary to be done, and estimated the cost thereof to be $65,000, which report was unanimously approved and adopted by the board; that on the 10th of April, 1905, the board, as provided by section 8263, unanimously resolved to issue, under the terms of said section, $65,000 in bonds to procure the money necessary to do the work, and called a meeting of the owners of the land to be held on the 1st of May, 1905, to consent thereto, and that such meeting was then held and the owners of more than two-thirds of the acres of the land in the district voted to consent to ratify and approve the issuance of the bonds; that in pursuance of the provisions of the statute the board of supervisors sold said bonds to the relator at the full face value thereof, but that the board had received legal advice that the act approved April 8, 1905 (Acts...

To continue reading

Request your trial
11 practice notes
  • State ex rel. Walker v. Big Medicine Drainage Dist., No. 39735.
    • United States
    • United States State Supreme Court of Missouri
    • September 9, 1946
    ...political subdivisions of the State under the sole control of the Legislature. State ex rel. Compton v. Chariton Drain. District No. 1, 192 Mo. 517, 90 S.W. 722; Squaw Creek Drain. District No. 1 v. Turney, 235 Mo. 80, 138 S.W. 12; Houck v. Little River Drain. District, 248 Mo. 373, 154 S.W......
  • State ex rel. Becker v. Wellston Sewer Dist., No. 31656.
    • United States
    • United States State Supreme Court of Missouri
    • March 21, 1933
    ...Ala. 321, 330, 74 So. 387. We are not without authority in this State on the question, State ex rel. Compton v. Chariton Drainage Dist., 192 Mo. 517, 521, 90 S.W. 722, 723; State ex rel. Kinder v. Inter-River Drainage Dist., 296 Mo. 320, 329, 246 S.W. 282, 284. The latter case dealt with Se......
  • State v. Taylor
    • United States
    • Missouri Supreme Court
    • December 21, 1909
    ...pending proceedings therein. This question was presented to this court in the case of State ex rel. v. Drainage District, 192 Mo. 519, 90 S. W. 722, and the court there ruled adversely to relators' contention here. The same ruling was had in the following cases: Clark v. Railroad, 219 Mo. 5......
  • Louis Houck v. Little River Drainage District, No. 35
    • United States
    • United States Supreme Court
    • November 29, 1915
    ...Bottom Levee Co. v. Meier, 39 Mo. 53; Morrison v. Morey, 146 Mo. 543, 48 S. W. 629; State ex rel. Compton v. Chariton Drainage Dist. 192 Mo. 517, 90 S. W. 722; Mound City Land & Stock Co. v. Miller, 170 Mo. 240, 60 L.R.A. 190, 94 Am. St. Rep. 727, 70 S. W. 721; State ex rel. Applegate v. Ta......
  • Request a trial to view additional results
11 cases
  • State ex rel. Walker v. Big Medicine Drainage Dist., No. 39735.
    • United States
    • United States State Supreme Court of Missouri
    • September 9, 1946
    ...political subdivisions of the State under the sole control of the Legislature. State ex rel. Compton v. Chariton Drain. District No. 1, 192 Mo. 517, 90 S.W. 722; Squaw Creek Drain. District No. 1 v. Turney, 235 Mo. 80, 138 S.W. 12; Houck v. Little River Drain. District, 248 Mo. 373, 154 S.W......
  • State ex rel. Becker v. Wellston Sewer Dist., No. 31656.
    • United States
    • United States State Supreme Court of Missouri
    • March 21, 1933
    ...Ala. 321, 330, 74 So. 387. We are not without authority in this State on the question, State ex rel. Compton v. Chariton Drainage Dist., 192 Mo. 517, 521, 90 S.W. 722, 723; State ex rel. Kinder v. Inter-River Drainage Dist., 296 Mo. 320, 329, 246 S.W. 282, 284. The latter case dealt with Se......
  • State v. Taylor
    • United States
    • Missouri Supreme Court
    • December 21, 1909
    ...pending proceedings therein. This question was presented to this court in the case of State ex rel. v. Drainage District, 192 Mo. 519, 90 S. W. 722, and the court there ruled adversely to relators' contention here. The same ruling was had in the following cases: Clark v. Railroad, 219 Mo. 5......
  • Louis Houck v. Little River Drainage District, No. 35
    • United States
    • United States Supreme Court
    • November 29, 1915
    ...Bottom Levee Co. v. Meier, 39 Mo. 53; Morrison v. Morey, 146 Mo. 543, 48 S. W. 629; State ex rel. Compton v. Chariton Drainage Dist. 192 Mo. 517, 90 S. W. 722; Mound City Land & Stock Co. v. Miller, 170 Mo. 240, 60 L.R.A. 190, 94 Am. St. Rep. 727, 70 S. W. 721; State ex rel. Applegate v. Ta......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT