Evening Republican, Volume 16, Number 109, Rensselaer, Jasper County, 6 May 1912 — DITCH CASE BEGUN; TO BE RESUMED JUNE 3. [ARTICLE]

DITCH CASE BEGUN; TO BE RESUMED JUNE 3.

John W. Hanan Opened Case and Provided for Continuance; W&l Be Legal Battie.

John W. Hanan, of LaGrange, who was appointed by Governor Marshall to sit as special judge in the hearing of the Borntrager, et al, ditch case, that being the scheme of lowering and straightening the channel of the Iroquois river southwest from the mouth of the Sternberg ditch, came here Saturday and' opened the case, listening to a statement by Attorney ivorge A. Williams, the attorney for the petitioners. Mr. Williams told of the need of the ditch to complete the drainage started by the Sternberg ditch and anticipated the objection that will be offered by the remonstrators and discussed them at some length. He was followed by Attorney Halleck, wh6 spoke for the remonstrators in general, setting out the legal objections on which they hope to escape assessment. He also told what evidence would be furnished to support his position. City Attorney Moses Leopold then spoke against the assessment of 32,500 against the city of Rensselaer and.the town of Remington for $250. He contended that the viewers’ report did not show the basis of the \ assessment, whether against the school or civil city, whether for purpose of drainage and sewage of streets and alleys or on all the property in the two corporations. As to which fund would be liable for the assessment, the road or the corporation fund. If neither were sufficient to pay the assessment who would he taxed, all the people or only the real estate owners? Mr. Leopold further contends that the viewers' report is so vague as regards the assessments against the two corporations as to make them void.

Mr. Hanan made no rulings of importance but determined on June 3rd as the date for reopening the case at a special session of the court. Attorney Jesse E. Wilson, of Hammond, and Attorney Emery Sellers, of Monticello, who represent a number of remonstrators, will speak at that time. It is probable that the case will occupy about all the month of June and possibly longer. Attorney Hanan is said to be a ditch lawyer of ability and to have acted as special judge in a number of other important, ditch cases and there is general satisfaction -at his selection tor special judge.