Jasper County Democrat, Volume 12, Number 90, Rensselaer, Jasper County, 23 February 1910 — KETMAN DITCH MATTER. [ARTICLE]

KETMAN DITCH MATTER.

Attorneys on both sides of the Mpnon question have asked for a new trial of the Charles Clark remonstrance, which was the one heard during the long session oi court in December, and upon which it was supposed that the operation of other remonstrances would hinge. This action w«> taken a few days ago following' Special Judge Foster’s presentation of his findings of facts and conclusion of law. No action has been taken on the motions for a new trial, but something may be done when the February term of court opens a week from next Monday.

Judge Foster’s special findings set out in brief the former work of improving the Morion drainage system by enlarging the main ditch and digging laterals. In speaking of the main ditch as it now is he finds it “wholly insufficient and inadequate m rainy seasons and during times of high waters to carry the waters that fall upon the lands of the petitioners, with the lands of the remonstrant Charles Clark and other landowners,” that 114.000 acres are sought to be drained by the Ketman ditch and that the present Monon is not large enough for that purpose, though the Ketman would be; that the present Monon is filled up until in some places the bottom is as high as surrounding lands. The Clark remonstrance was

on three 40-acre tracts of land in Cass township, assessed repectively $90.20, $82.00 and $98.40, or an average of about $2.25 per acre. Judge Foster in his conclusions of law and in the last special finding decides that Clark’s assessment should be SI.OO per acre. It thus appears that the fore part of the judge’s. decision, in which he reviews the present insufficiency’ of the Monon, is in favor of the petitioners: while the latter part, in which he cuts the assessment, favors the remonstrants. Hence each side’s request for a new trial. It is possible. however, that the attorneys may reach some agreement whereby a new trial can be dispensed with or materially shortened. The judge allowed George Pugh SBB4 for his services as engineer on the ditch, and George Douglas $663 as viewer. —Pulaski County Democrat.

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