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PROPOSED METHOD OF ORGANIZING
FLOOD DISTRIGTS IN COLORADO Following la th© text of Article 2 of the proposed Flood Conservancy law which la prepared for presentation to the special session of the state legis lature. This article provides the method by which Flood prevention work may be organised by districts within the state with the approval of a majority of the land owners of the proposed district. Article l of the proposed law deals with legal definitions and It Is not a matter of considerable public, Inter est. Article 1 contains sections, and Article 2 begins with Section 2, as follows: II.—ORGANIZATION OF CONSER VANCY DISTRICTS SECTION 2. JURISDICTION OF DISTRICT COURTS. The district court fritting In and for any county in thin state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority, when the condi tions stated in section 3 of this act are found to exist, to establish conser vancy districts, which may be entirely within or partly within and partly without, the judicial district In which f>aid court is lore ted. for all or any of the following purposes: (r) Preventing floods; <b) Regulating etrenm channels by changing, widening, and deepening the same; (c» Regulating tho flow of streams: (d> Diverting, controlling or, in whole or In part, cllmlnltlng water courses; (e) Protecting public and private property from inundation; and Incident to such purposes and to enable their accomplishment, any dis trict so established shall have the power to Ktralghten. widen, deepen, change, divert or change the course or terminus of, any natural or artificial water entire©, to build reservoirs, can als. levee*. walls. embankments, bridges or dams; to reclaim or fill low lands snd lands subject to over flow. to remove and to regulate and prrscrlbo the location of, Improve ments upon land; to maintain, operate and repair any of the construction herein r.am©d: to do all other things necessary for the fulfillment of the purpore M of this sc* and such powers shall also bo construed as purpose* for which benefits may be appraised as hereinafter provided SECTION 3. PETITION The es tablishment of conservancy districts for the purposes and in the manner provided for In this act. is hereby de clared to be conducive to the public health, safety, convenience .\n<l wel fare. Before en- eontsrvoiuy district shall be established under this act, a petition shall be filed in the office of the clerk of the court vested with Jur isdiction. in a county in which all er part of the lands embraced in said proposed conservancy district are sit uated. signed either by two hundred owners of land, or by a majority of the owners of land situate within the limits of the territory proposed to be organized Into a dlstri* t. Ruch petl ' on roav be signed b-. the governing body of any public corporation lying wholly or partly within the proposed district, in z'j* h manner as It may pre wtrlbe, and when **> signed by such governing body such a petition on the pa-: of the enid governing body shall fill all the requirements of represen tation upon such petition of the own ers of land of such p »t«1 1« - Yorporallon, an they nppenr upon the tnt rolls, snd thereafter It ah.ill not b«* necessary for Individuals a thin -aid public corpora tion to sign such a petition. Such a petition mn; also be signed by rail road corporations and other corpora tions owning lands within the pro posed district. • Any «-lty Interested in some degree in the improvement, upon proper action by Its governing bod- may alone fll© the petition required by UtSi section. The petition shall s« t forth: Flrat: The propose*l name of .-gld district Second: That property within the proposed district will be benefited by th* accomplishment of one or more of tl • purpoM >t .-numerated in Section 2 . .. • Third. A general description of tho purpose of the contemplated improve - mrut, and of the territory to l»© in cluded in tho t>roposed district. Raid do- ripticu need Mot »•«> given by mete* and bounds or by legal subdivisions, bui It shall be sufficient to enable a property to ascertain whether his property is within the territory propr>s«sl to be organized as a district. Haul territory need not be • onliguo'iH. provided 1? be so situated that the • g, mir.«tlon as \ single district «»f »’»• territory described is calculated to pro meto one o more of the purposes • • U tv. era ted In Section 2 of this n*'t Fourt) Said petition ball pra f the organization of the district by the name proposed No petition with the requisite signa tures ah.ill be d* la rod null and void on account of alleged defects, but the court mn v at any time pet mil the pe tit-on to be amended to conform ■*» ♦' ''l..- e-rets the d.«. riptlon of the. territory, or in nn\ other particular. Fevernl similar petitions or duplicate « oplcs of tbs same petition for the organization of the same district may l*e filed and ■hall together b< regarded ns one pr ill on. All such petition* filed prior to lh< hearing on tlie first petition filed, shall be considered by the court U <• same n- tho filed with the first pnl tlllon pined on file. In determining whether a majority , of land owners have signed the pe’l tion the • ourt shall be governed by | th' names as they appear up >t -be tax roll, which shall be prtma fade ex idem o of such ownership. RUCTION i BOND OF PETITION ■RB At i ■of • inf 11 1 *' pttl lion, or nt nnv time «-übseqner\t there to ami prior to tho time of the hearing on said p'-titio-i. i bond shall be filed, wltli se. urlt.v approved by the court, sufficient i o pav .-11 the expense* con ns, ted with the proceeding* in case the organlzntb u of the district be not effected if at anv time during th« pr--- «-o,|inc tbe ourt shall be satisfied that tlie bond first executed •* Insuf fir ion t In amount. It tnay renulre the execution of an additional bond within a tint© to be fixed to h« not le-s than ten days distant, and upon failure of the petitioners to executo the same, the petition shall be dismissed. SECTION f» NOTICE OK HEARING ON PETITION. Immediately after tho filing of such petition the court where in such petition la filed or a Judge thereof in vacation, shall by order fix a p| u > and time, pot IMH than sixty da>s nor tnoro than ninety days after tin p«tltioTi is flie*!, for hearing there on. and thereupon the clerk of said court shall muse noth e by publico tion I Schedule Form 1) to be made of the pendency of tho petition and ct the time and place of tho hearing thereon. The district court in and for the county in which the petition for the organization of a conservancy district has been filed shall thereafter, for nil purposes of thia act, except as here inafter otherwise provided, maintain and havo original and ©xcluslvo juris diction co-extensivc with the boundar ies of aatd conservancy district, and of lands and other property proposed to be Included in said district or affected by said district, without regard to the usual limits of its Jurisdiction. No Judge of such court wherein inch petition Is filed shall be disqualified to perform any duty imposed by this act by reason of ownership of prop erty within any conservancy district or proposed conservancy district, or by reason of ownership of any property that may be benefited, taxed or as sessed therein. SECTION «. PROTESTING PETI TION- HEARING ON PETITIONS ORGANIZATION OF DISTRICTS. At any time after the filing nf a petition fot the organisation of a conservancy district and not less than thirty duyn prior to the time fixed by the order of the court for the hearing upon eaid petition, and rot thereafter, a petition may be filed In the office of tho clerk of the court wherein the proceeding for the creation of said district Is pend ing. vigned by a majority of the own ers of land In said proposed district, I protesting against the creation of sil l [ district. Upon tho filing of such pro testing petition. It shall he the duty i of the clerk of the court forthwith to ! make as many certified coplea there of. Including the signatures thereto, a* there are counties Into any part ot I which said proposed district ex* .mde, and forthwith to place in the hands of tho county treasurer of each of such I counties one of said certified copies. Thereupon it shall be the duty of «-a- u of such county treasurers to determine from the Inst tax rolls of his enunry In his hands, and to certify to t.v: said district court’ under his official real, prior to tlie day fixed for tho hea** ,, r-- Hforef-ftld, the total number of the own er* of land sltuato in *ald propojoJ district within his county, and tho total number of the owners < f land situate- in such proposed district with in his county who havo signed raid protesting petition, and such certifi cate shall constitute prlma facie evi 17 T I?J7 T l 7f Trial Package to Make ■* im This Amazing 3-Day Test See How Ironized Yeast Clears Complexions —and Crows New Firm Flesh on Thin, Pale, Nervous and Run-down Folks Are you troubled with humiliating rkin Mom- thr iron needed to mnke it rieh. red nnd strong. i*lie*? Are you thin- -or do you feel the need of Vitamincs alone lire fine—hut when taken with more energy or "pep"? 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Upon tho day set for the hearing upon th© original petition If it shall appear to the court from such certficate or certificates, and from such other evidence as muy b« adduced by any party In interest, that th© said protesting petition Is not signed by a majority of th© owners of land within th© proposed district, the court shall thereupon dismiss said protesting petition and shall procjol with the original hearing as in this net provided. If the court shall find from the-evidence that said protesting peti tion i* nigned by a majority of the owners of latid situate in the district, the court shall forthwith dismiss the original petition praying for tho crea tion of tno district. Tho finding of the court upon the question of the ■total number of the owners of land in arid proposed district and upon the question of the number of the owners of land situate in said proposed dis trict signing said protesting petition, tho genuineness of tho signatures, and all matters df law and fact incidental to such determination, shall bo flf.aT and conclusive on all parties In inter est whether appearing or not. | At any time prior to the hearing by the court of the petition for the or- I ganixatfon of any Conservancy Pls i trlct extending into more than one ’ county, or for the Inclusion In any ex isting Conservancy District of terri tory situate in a county no part nf which is then In such district, the Board of County Commissioners nf any county Into which said proposed district extends, or the Board of County Commissioners of any county territory of which Is proposed to Included as aforesaid in an existing district, shall have the right to filr ; in the court wherein the petition for i the organisation of such proposed die- ; ; trlct or the proceedings for tho inclu i sion of additional territory In any ex ! isting district is pending, a copy of a j resolution of such Board of County commissioners protesting against tho I organisation of such district or the In i elusion of such territory* In an ©xlst -1 tng district, which copy, of shall be duly certified by the clerk of said Board of County Commissioners, and, thereupon, unless said protest shall be withdrawn prior to the hear- I ing, said court shall deny and dismiss such petition. Any owner of real property in sold ! proposed district not having Individu ally signed a petition for the organisa tion of a conservancy district, and de siring to object to tho organization snd incorporation of satd district. | may. «>n or before tho Hnto sot for Hie j • au.se to bo hoard, file objections to tho I organization and incorporation of the district. Such objections shall he' limited to a denial of the statements fi» the petition, and shall be hoard bjr tho court aa an advanced caso without* unnecessary delay. Upon the said bearing, If it shall ap - pear that a petition for the organiza tion of a conservancy district has been signed and presented, as hereinbefore provided, in conformity with this act. and that the allegations ,of the peti tion are true, and that no protesting petition has been filed, or if filed has , been dismissed ns hereinbefore pro vided, tho court shall, by order duly en tered of record, adjudicate all ques tions of jurisdiction, declare the dis trict organized and give it a corporate name, by which in all proceedings it Hhall thereafter be known, and there upon the district shall be a political subdivision of tho State of Colorado and a body corporate with all tho powers of a public or municipal cor poration; shall have perpetual exist ence; shall have power to sun and he sued, to incur debts, liabilities and ob ligations, to exercise the right of emi nent domain and of taxation and as sessment as herein provided, to l*sue negotiable bonds and to do Und per form all ads herein expressly author ized and all arts necessary and proper for tho carrying out of the purposes for which tho district was created and for executing tho powers with which It is Invested. In such decree the court shall desig nate the place whore the office or prin cipal place of business of tho district shall bo located, which shall be wtth i tho corporate limits of the dtstrl* t t ir practicable, and which may bo 1 hanged by order of court from time ■•> time. Tho regular meetings of the nard or directors shall be held at such fflco or place of business, but for • ause may be adjourned to any other onvenient place. The official record* nd files of the district shall be kept ; at the office eo established. If the court finds that no petition lias been signed and presented In con formity with this act. or that the ma t rial facts are not ns sot forth in the p- tltlon filed, it shall dismiss said pro ceedings and adjudge the costs against the signers of th© petition In surh pro r« rtion» as It shall d«em Just and equitable. No appeal or writ of error shall lie from an order dismissing said proceedings: but nothing herein shall bo construed to prevent tho filing of a subsequent petition or petition* for a similar Improvement or for a similar conservancy district, and the right so to renew such proceedings is hcroby expreewly granted and authorized. If an order bo entered establishing the district, such order shall he deemed final and binding upon the real prop erty within tho district, and no ipp- nl I or writ of error shall lio therefrom, a.id the entry of such order shall finally and conclusively establish the regular organization of the said district against al persons except the State of Colo rado, In an action in the nature of a writ of quo warranto, commenced by the Attorney General within three months after said decree declaring? such district organized as herein pro vided, and not otherwise. The organi zation of said district shall not be di rectly nor collaterally questioned In any suit, action or proceeding except as herein expressly authorized. SECTION 7. PROVISIONS FOR FIRING DECREE OF INCORPORA TION. Within thirty days after the fi.'tid district has been declared a cor poration by the court, the clerk of the court shall transmit to the Secretary of State and to the County Clerk and Recorder in each of the counties hav ing lands in said district, copies of the findings and the decree of the court incorporating said district. Tho same .shall bo filed in the office of tho Hoc rotary of the same manner as articles of Incorporation arc notv required to he filed under the general laws concerning corporations, and copies shall also bo filed in the office of tho County Clerk and Recorder of each county in which a part of the district may be, where they shall be come permanent records; and the Clerk and Recorder In each county shall receive & fee of M for filing an»l preserving the same, and the Secre tary of State ahall recelvo for filing aald copies such fees as uov aro c r hereafter may bo provided by law for llko services in eimilar case* Tarantulas and Snails, Now Snakes In Bananas A two and a half foot snake crawled from a hunch of bananas In front of the Sanitary Market, Fourth street and Santa Fo avenue about noon Monday. While Leland Hlrsch was cutting ba nanas from tho bunch, a passerby sighted tlie snake. which had been coiled about the stalk. The snako was yellow as the bananas and was called a "Pilot” snake by one who has made a study of reptiles. It la said not to be a dangerous snake, as it la not poisonous, but regardless of that, It served to scare numerous persons. Stiff? Sore? A lame back, • sore muscle or a stiff foist often la considered too lightly bj the sufferer. It should be remembered that backache, rheumatic pains, stiff ness, soreness, sallow skin and puffinew under the eyes are symptoms of kidney and bladder trouble —and these certainly should not be neglected. fbleygdncrpffls help the kidneys eliminate from the system the poisonous waste and acids that cause these aches and pains. They act promptly and effectively to restore weak, overworked or dileesed kidneys and bladder to healthy, aormal con dition. J. E. Sim aw. 400 E. M «♦.. PwlUed. Ore, writ#*: I was tiMbbt with backache aaS urinary »r nubia. I triad Foley KMaey Pilla a*4 will toy that I hishly mosnaat thorn ta any •ao trauMad in that was, as they ara aaaaUaut." The Horn Drug Co.. 4th and Santa Fa. | Home Sewing Week \ | Sings a Song That Sets Sewing Ma- 1 | chines A-Humming I = —For professional dressmakers and women who design their own costumes a 3 =} visit to the Store during Home Sewing Week will be a pleasurable experience. 3 H The new patterns point out the most attractive Spring styles, and the variety g == °f new fabrics; silks, cottons and woolens, suggest the most fashionable mater- fl = *als in which to interpret them. The trimmings, very brilliant for the new sea- 3 = son arc prominently shown and complete assortments of notions, finishings and S = findings on which so much of a costume's distinctiveness depends, have been a H arranged. a —ln addition to this our completely equipped dressmaking department is at jji §E vour disposal where you may make your own garments under the direction of 1 gjj MRS BRIGGS—one of Pueblo’s leading dressmakers. j —Pick out your materials from the miles and miles of beautiful, new, Spring a— yard goods. §§ Select a pattern from one of the hundreds of new ones sent us by the But- a H terick Co., use our machines, cutting tables, etc. Have Mrs. Briggs FIT you- a =E and you'll be surprised and delighted at the finished garment. || =f —Wc have space for only a few more women who wish to take advantage of §| 3§ ibis opportunity, so we urge you to register at once—in the Silk Department. If jj The Bankrupt Stock of §j H the Gibbons Style Shop j j|| —is for sale in our Downstairs Store. =| §1 --Buy your Spring Dress for $13.75 =1 i; Buy your Spring Coat for $14.95 H = Buy your Spring Suit for ’ $12.95 S a —Buy your Spring Blouses for $1.95 32 a— A few more crowds like yesterday’s and the stock will be exhausted. § 35 Downstairs Store. iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiHiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii^ WEDNESDAY, MARCH 15,1922.—] Pictures and Stories Pueblo and tho San Isabel national forest will bo extensively advertised by pictures and stories In the Issue of the Rock Island railroad publications | to come off the press April 1, accord ing to General Agent F. H. Faus who was in the city Tuesday conferring with Secretary P. A. Gray of the Com merce club. With Faus was H. P. Smith, com mercial agent for the Seaboard Air Lino and Railway company. Health Is I Beautiful \ The glow of health gives \ ; beauty to the homeliest face. * “Good looks” come from \ proper food and healthful ; exercise. Eat Shredded i Wheat every day. Gut out heavy foods M and rich pastries. Shredded Wheat, | easily digested, ready-cooked, with 3 green vegetables and fresh fruit, 9 ! will bring beauty of face and figure. I Supplies every element the body I needs and its daily use keeps the I intestinal tract clean and healthy. || Two Biscuits with milk or cream maka H ■ complete, nourbhin* meal. Delici- gj on, with peaches boric*, rainra, DV prunes diced banana and other fruit,. TRISCUIT is the Shredded Wheat B cracker—a real whole wheat toart— • M eaten with hotter or soft chrcm. H PkUc Oommt ShnAM Wbwtt Oakknd, CM. M PAGE FIVE Court At Eads Judge J. A. Park of the dletrlct o"urt will go to Earls, Kiowa county to hold court on Thursday the 16th. Tho session there has been consider ably delayed by black smallpox which developed several serious cases aome weeks ago. It is understood that now it is safe to hold court. There will prob ably bo but one day of this session, as Judge Psrk is duo at Ordway, Crowley county on the 17th.