Evening Republican, Volume 17, Number 161, Rensselaer, Jasper County, 8 July 1913 — SPECIAL JUDGE DECIDES FOR DITCH [ARTICLE]

SPECIAL JUDGE DECIDES FOR DITCH

Declares Ryan Ditch of Public Utility and Modifies Assessments of Some Taxpayers. 1 -'-T Special Judge T. B. Cunningham, of Kentland. came this Tuesday ihorning to render his finding in the Ryan ditch case. As suggested before his departure after the evidence was in and the argument made he found in favor of the construction of the ditch, declaring it to be a public utility and order ing that it be established. He modified a number of the assessments of remonstratorg, the total amount of reduction being about $15,000. The B. J. Gifford estate is assessed about $50,000 for the construction of this diitch. Reductions aggregating about SBOO were made on the Gifford lands and the damages increased from about $6,000 to SB,OOO. All of the local attorneys who were interested were on hand when the finding was given, as also was George H. Gifford, of Tipton, executor of the B. J. Gifford will; William Guthrie, of Monticello, and A. E. Malsbury, of Lafayette. The latter has 200 acres of land in Gillam township, which was assessed $1,200 and h'e was greatly disappointed that the reduction order did not reach hiim. The Reed lateral was stricken out on Judge Cunningham’s order. The mrifti ditch is estimated to cost $201,000, while the various laterals will cost about $50,000. The attorneys for the ditch are Frank Foltz and George A. WilMams, and if they are. allowed a fee on the 4 per cent of estimated cos't basis, they will be allowed SIO,OOO. A motion for a new trial was made and overruled. Judge Cunningham held court open until 3 o’clock this afternoon to await action of attorneys whose clients may appeal. George H. Gifford gave notice of appeal, but it is quite probable that he will not have the appeal taken. He knows that the land.-needs the drainage and that in selling it a more ready market will be found If the drainage is under way. The attorneys for other remonstrators were generally well pleased with the reductions, although some talked of appealing, especially in joining with Executor Gifford if he determined to appeal.