WisconsMn State Drainage Association



the Town law, to be formed into a corporation with such corpor-
ate powers as might be necessary to carry out the object of its
existance. The town officers could still remain the administrative
officers and all responsibility could be charged back where it be-
longs on the persons or lands benefited. In that way we would
have something tangible. It has also occurred to me in looking
at it from a still broader view, and I think the matter should re-
ceive serious consideration, that it would be advisable that all
drainage matters, Town, County and Drainage District, should
be placed under one jurisdiction and be governed by the same
provisions. This jurisdiction could be conferred upon the
County Court, which is always in session, and is near to the peo-
ple, or it could be conferred upon certain of the County officers
designated as a drainage commissioner, or upon an independent
body of experts elected or chosen as a drainage commission.
  I have given in a more or less rambling way some of my impres-
sions in regard to the Town Ditch law. If I have made any sug-
gestion that will contribute to the betterment of the Town Ditch
laws, or to the encouragement of drainage projects, I feel that
my time Ihas been well spent.
  Mr. Vaughan: I have been accorded the privilege of examining
the foregoing article of Hon. S. A. Connell on the "Town Drain-
age Law" and with most of it I heartily agree. The law is gen-
eral in its provisions. The trouble with attempting to make it
specific, that is attempting to cover in detail all possible questions
that may arise, is (1) that such a law would be so long that it
would scare the average board of supervisors out of acting under
it at all for they would decide against the drainage rather than
run the risk of making mistakes in carrying the proceeding
through; and (2) if one were to attempt to ennunerate in detail
the specific powers of the board of supervisors he would be apt
to omit some essential power in his enumeration and thus be in
trouble under the legal maxim, expressio unius excilussio alterius
est, which may be roughly translated as, the specific mention of
one thing or power excludes all others not mentioned.
  Most of Mr. Connell's objections to the present town drainage
law are well taken. Some of them are inherent in the situation.
He says, "It is not always easy to decide just what lands are
benefited."



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