Democratic Sentinel, Volume 17, Number 15, Rensselaer, Jasper County, 28 April 1893 — IROQUOIS DITCH CAUSE. [ARTICLE]

IROQUOIS DITCH CAUSE.

I am afraid the record ordered by the Board of Commissioners week before last is defective. As the final entries have not been signed the Board can strike out all reference not “properly cognizable by them.” Sec. 5746 R. S. 1881. In the Board’s corporate capacity acting for the county they should try to save bridges but this does not add to their power as a court. Have they power to change the length, depth and direction of “the best route’ ’ for a ditch under the act of March 7th, 1891 ? No consent of parties can add any thing to the power of the Board as a court. Horton V. Sawyer 59 Ind. 587. If the Board had no power to decide, its entries are void. 25 Ind. 152.

The statute and decisions of the supreme court adhere closely to the rule that the Board can perform no [ duty “not enjoined by the law of this state.” Sec. 5745 R. S. 1881. Board v. Barnes 123 Ind. 403, 406. The statute of March 7th, 1891 requires the Board to find from the report “in favor of or against the improvement. Sec. 3. “This means to take the improvement as a whole following the description in the sworn report of the viewers.” I can find no authority to change that report even in a single word. Each one whose property “is affected or taken” has a clear right to damages to be assessed by the viewers, the Board or a jury. Secs. 3, 5 and 6. The Board can not grant part of a petition. City v. Bearss 55 Ind. 576. They can not change the first viewers’ report in a highway. McKee v. Gould 108 Ind. 147, 112.

In other drainage proceedings the report of viewers as to courses and distances is conclusive. Meranda v. Spurlin 100 lnd. 380 and Metty v. Marsh 124 lnd. 18, 21. “It is the duty of the viewers to locate the ditch * * * * at a place where it will accomplish the most good.” Even a verdict when defective must be amended in the jury room. Phelman v. State, 115 lnd. 181, 133. It is easier to now make the record clear and straight by crossing out all matters not“properly cognizable”than to meet the question at any fnture time 1 The future life and' salvation of this project requires that the petitioners all pull together for “the best route” and pay in cash for property taken and affected out of the proceeds of the bonds, when sold. The too previous action of the Board and land owners was taken without careful examination and counsel and no one need be blamed for not then making the point of want of jurisdiction. I hope this may be read and acted upon in a friendly spirit. The Board can not add to its power by any act or statement of its own. The only source of their power is the statute. Consider these things and let the entries be freed of all matters not “properly cognizable” by the Board.

FRANK FOLTZ,

Attorney for petitioners.

It is a fact that nearly all diseases have then origin in stomach and bowels —Keep them healthy, take Melol. The old Liberty Bell will arrive at the World’s Fair nexi Monday. The Fourth of July this year will be known as “Bell Day” at the fair and will be celebrated as sue h. The Government will locate a first-class Post Office on the Columbian Exposition grounds, with authority to issue mon j y orders, registered letters, etc. * This will be -a great, convenience to visitors. P. H. Kirsch, Indiana Commissioner of Fisheries, has addressed circulars to road supervisors of each district in every county informing them that by an act of March 11,1889, they are given the powers and duties of constal les in all cases of violotions of the fish and game laws. Stamp within the square enclosin g the rooster.

The gold excitement has quieted down and all,the danger of a possible panic ie passed. This result has been aohieved without the aid of Wall street, and is due to the anndnnoed policy of the administration relative to the nee of the gold reserve. Under the interpretation of Mr. Cleveland's statement the reserve is to be treated simply as so much oash in the treasury, and whether the aggregate rises or falls, a fe w million a day becomes a matter of little oonoern.

President Cleveland left an overflowing treasury to his snoeessor. It has been returned to him practically empty and with charges upon it In the way of permanent appropriations made by the Caar Reed billion dollar boodle congress that are calonlated to keop it empty. And then there is the Sherman silver bullion purchase act—the most dangerous piece of legislation ever enacted on the statute books. A special session of congress is needed to reneal a dozen wasteful and wicked laws. A stoppage of stealing, rigid eoonomy and the cold shoulder to Wall street will bring the country out all right.

Sinoe the passage of the Sherman law, In July, 1890, the government has bought, or will have bought by the dose of the month, silver for which it will have paid not quite $135,000,000 says the CourierJournal. Suppose that this silver had been bought from one man, and that he to-day, (in offering for redemption the treasury notes which he reoeived for his silver, should be given silver dollars instead of gold dollars for his notes, he would get about $48,000,000 worth of silver less than he gave. And yet the gov. ernment has a right to redeem the notes with silver, ifj it choose. A beautiful law is this, is it not?

The United States Senate, whioh does so muoh of its business behind closed doors ought to have thrown its doors open the other day when the discussion in regard to the investigation of Senator Roach was on. It is said that our own silvertongued Voorhees made old Senator Hoar turn pale and hang his head. Voorhees is a master of powerful saroasm when he wants to employ it. Billee Chandler, too, of New Hamp. shire, was very importunate in his demands for the investigation of Mr. Roach until Mr. Voorhees reminded him of his exoeeding bad taste, that had he been in-, vestigated- citing the points that oould have been established Against him —he would have waived his claim to a seat in the Senate rather than £>ase the ordeal. With thisjrebuke Billee ceased his clamor. It is the God and morality party—in a horn.

Secretary Morton has ordered the dismissal of forty-one assistant microscopists, one clerk and a book-keeper attached to the bureau of animal industry, |a d assigned to duty in Chicago. The reason for the d'smissal is the reduced condition of the work. That’s what may be called practical reform and saving the people’s money. If all the officers who have nothing to dojwere weeded out of he public service, millions of dolars could be saved

The raid of the speculators on the treasury will fail. The issue of bonds cannot be forced by the Wail street contingent, there being too much gold iu the country. If by an unforseen occurrence it should become necessaay to sell bonds they should not be offered in this country but sent abroad so as to bring gold here, and not be forced to purchase gold already in this country and kept hoard sd for the purpose of forcing a premium. There will be nq Black Fridays under the Cleveland administration. H. A Barnhart, editor of the Rochester Sentinel, has been appointed one of the directors of the prison noth. A good appointment.