Pueblo chieftain., March 15, 1922, Page PAGE FIVE, Image 5

About Pueblo chieftain. (Pueblo, Colo.) 1889-current

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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
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THE PUEBLO CHIEFTAIN
dene© of the facta so stated therein J
and shall b© ho received and con
sidered by said court. 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.