Jasper County Democrat, Volume 8, Number 9, Rensselaer, Jasper County, 3 June 1905 — THE IROQUOIS DITCH [ARTICLE]

THE IROQUOIS DITCH

has been, and can be, aided by the county. The county revenue is

used to furnish books and make

the record front the tiling of the p, tit ion to the completion of the work. Its officers amend the apportionment, issue bonds, make an assessment, also collect and care for the ditch revenue. The couuty removes, replaces, changes, and builds all bridges on the public roads. The couuty became, on September 3,1902, and will remain, until collections are made and bonds are sold, the sole creditor of the ditch, which credit is now more than $3,000. The viewers had power and did apportion to the couuty near $1,300 as the net advantage of bridging the ditch, rather than the river. The oounty has siuce April 26, 1904, owed the ditch said $1,300, payable without change in amount either in cash or partly in work, at its own election. The statute wisely provides that the board cannot amend the county’s share, and that the court has no power to deal w itb the apportionment at all. If the share were made any more by any other tribunal at the instance of any one it would be a fraud on the county revenue, and if made less a fraud on the ditch revenue. The county officers are not authorized to object nor confess the objection of another, io make said slture less or more. The county must keep out of lho zone of forensic litigation.

There are two enemies of the improvement as established June 17, 1904, who are plaintiffs in the circuit court. Each falsely claims that the law ia void because the county is a party anti there is no right of appeal on dutnils of the apportionment. The circuit court has rightly livid that the county officers cannot confess a right of appeal, the board’s partiality on any question submitted to it for trial, or that the bourd determine the county’s share. The county’s officers are wisely barred the right to increase the county’s debt to the ditch and thus by delay increase, exteud and weaken the county’s credit also. The county’s share is fair and just, because determined by fair aud impartial viewers. The county as an ugent, creditor, and debtor in the ditch as well as sole obligee in the petitioners’ bond, must preserve the strictest neutrality in all litigation. **