Evening Republican, Volume 15, Number 179, Rensselaer, Jasper County, 31 July 1911 — COURT PRONOUNCES KANKAKEE PROJCT PUBLIC UTILITY. [ARTICLE]

COURT PRONOUNCES KANKAKEE PROJCT PUBLIC UTILITY.

Special Judge Marvin Holds Marble Ditch Practicable and Overrules the Remonstrators. *■ Special Judge George R. Marvin, of Monticello, who is hearing the Marble ditch case, made his first important ruling this Monday morning, when he held that the proposed ditch was practicable as a public utility. Opposed to this view were a large number df remonstrators, mostly from Porter and Lake counties, who were represented by a number of attorneys. In making his decision Judge Marvin stated that he had gone carefully over the reports and had personally visited the country through which the ditch is to run and had also visited the country further up, where the river had already been deepened and straightened. He said that he was sure from the investigation he had made that the benefits would exceed the cost of construction. ' , The petitioners were greatly pleased with his decision and the members of the Northern Indiana Land Co, were especially gratified. They eomdder that the draingage of the country by the deepening and straightening of the Kankakee river would be the salvation of many thousands of acres of land. After making his decision the court at once took up the question of setting aside a number of remonstrances against the assessments, which were filed after the period. allowed by the proceedings. This will be followed by taking up the remonstrances which allege an inequality of the assessments and this will require several weeks probably to adjudicate. Each successive decision of the court has been in favor of the construction of the improvement and the last barrier to construction was apparently removed by the decision of the court declaring the practicability of the ditch as a public utility.