FOURTH AMNUAL YEAR BOOK — PART VI. 451 



The drainage laws are usually suited or fitted to the existing laws. 

 In Illinois a method is provided by which the cost of the work shall be 

 distributed over the territory drained. Illinois has township organiza- 

 tions and administration under a board of county supervisors. The for- 

 mation of a district in each township is by petition through the town 

 clerk. We have the union districts in which there are two townships. 

 Where the land is in three or more townships we have a special district, i 

 may say that in Illinois originated the district system, or what is called 

 the drainage districts. The Ohio law is very much older than the drain- 

 age law of Illinoisi, but it does not speak of drainage districts in any 

 way, although it virtually pr'ovides for them. The land owners have 

 abundant opportunity to be heard. They may appeal to the board of su- 

 pervisors, who in turn appoint commissioners to hear the objections. 

 The work of the drainage commissioner is amended to conform with 

 changes made. I judge that there has been a good deal of implication on 

 this point. 



All drainage laws which have been made give the land owner the right 

 to be heard and to present his objection in proper form. We find there 

 have been a great many legal difficulties. In many cases the expense 

 of these have exceeded the actual cost of drainage. 



It is regarded as a safeguard under our methods that all of those 

 things should be provided for, and in no case shall anyone having land 

 in the drainage district, not have an opportunity for a complete hear^ 

 ing, first before the drainage commissioners, and, if not satisfied with 

 their decision, may appeal to the courts and have the matter adjusted 

 there. 



The law of Indiana is one of the more recent laws relating to drain- 

 age districts and adapted to their needs. In many respects it is similar 

 to the Illin'ois law. A petition is presented to the board of county com- 

 misioners. The petition shall be signed by one third of the owners of 

 the majority of the land. When it comes before the board of supervisors 

 this is referred to three viewers who bring report to the board of com- 

 missioners. The method providing for the assessment of these lands is 

 the same in the drainage district of Indiana as in Illinois. They shall 

 go on the land and divide 'it up in forty-acre tracts and sJhall classify 

 them on the percentage basis. This forms a permanent scale which, re- 

 mains in force and on record, and it seems as though it is a very desir- 

 able feature of the drainage law. We do not always assessi sufficient 

 amounts to do the work. These laws provide that other territory may 

 be added and classified according to the scale. In Micnigan the driain-; 

 age commissioner assesses the cost himself. No method is applied, but 

 he assesses each tract of land at so much percentage. 



The Minnesota law has a different method of assessment. The Min- 

 nesota law has been derived largely from the Indiana law. The viewers 

 go upon the land and assess the amount of benefit which each piece 

 receives. It is not especially dependent upon the acreage of each 

 tract. They look as nearly as possible to the complete benefit which shall 

 be derived. Then the total cost of the work contemplated shall be di- 

 vided by this sum of total benefits of the whole district, which will give 



