Evening Republican, Volume 18, Number 310, Rensselaer, Jasper County, 31 December 1914 — PROGRESS OF BOYLE DITCH CASE [ARTICLE]

PROGRESS OF BOYLE DITCH CASE

Hearing Adjourned Until February 10th For Otis Remonstrance Hearing. -•a - - . y. Judge Wason came over from Delphi Tuesday and resumed the hearing of the Boyle ditch case, which began Dec. 21st. All of the remonstrances except those relating Zo the Otis lands were heard last week, and the 'petitioners are jdrcsenting their side of the case this week. -7- , As usual, there is great difference of opinion as to the benefits lands will receive by drainage. Most of the remonstrators admitted in their testimony that their lands would be benefited and placed the benefits from fifty cents an acre to five dollars an acre. The drainage commissioners, Devere Yeoman and Stephen A. Comer, each placed the benefits from $2 to S2O an acre. It seems to make some difference whether a party is assessed or is doing the assessing as to the amount of benefits placed to lands and it is up to the court to take in the whole situation and do the best he can in order to be fair to all parties.

The lands of Mary Weiss and Charles A. Harrington, who are represented by Roy Blue, and the lands of Nigh and Sanford, represented by J. A. Dunlap, are all north of the source of the proposed ditch and also north of the C. & E. I. R. R. Co., and are assessed on the main line of drain. The testimony shows that these lands may drain to the north 4 and to the Otis ditch, and Judge Wason has suggested that the report of the drainage commissioners be amended or an agreement entered of record between the R. R, Co. and the petitioners to begin the ditch about fifty feet north of the present beginning and at the south side of the right of way of the railroad, and Mr. Sellers, for the railroad, has consented to have the record show that the company will prop-, erly deepen the sewer under the grade to the depth of the proposed ditch and do the other excavating on the right of way, so that the lands above the railroad and assessed on the main line of drain may have an outlet into the main line of ditch and the engineer has been directed to make specifications for such change. Of course, whether or not this is finally done will depend upon whether or not the court determines that the lands north of the railroad will drain into the main line of ditch. If he should determine otherwise then the proposed change will not be* made. w Judge Wason has returned to Delphi and will return again on the 10th of February, at which time the hearing of the Otis remonstrances will be taken up. Mr. Blue, who represents the Otis heirs, has filed an affidavit for a continuance on account of the illness of C. T. Otis, who has charge of the Otis lands and who desired to be present at the hearing, and Mr. Blue has stated to th# court that if Mr. Otis is unable at that time to be present that if possible he. would proceed with the ease with other witnesses.