Jasper County Democrat, Volume 17, Number 98, Rensselaer, Jasper County, 17 March 1915 — Ryan Ditch Decision. [ARTICLE]

Ryan Ditch Decision.

Attorney Geprge A. Williams has pftocured from the clerk of the supreme court a certified copy of the decision in the Ryan ditch. From the complete opinion it appears that the decision of the supreme court does not kill the improvement but only grants a new trial on one feature, and refers the cause back to the local court for a new trial. Three propositions were presented by the remonstrators for ruling by the supreme court. The first proposition presented was the amendment of the petition for the drain so as to cause the improvement to be constructed over the Pinkamink route instead of over the Gifford ditch route. The ruling of the supreme coijrt is against the remonstrators on this proposition, and held that the petitioners had a right to amend the petition. The second proposition was concerning the refusal of the court to grant a change of venue on the application of Almira Stockton. The luling of the supreme court is against the remonstrators on this proposition, and holds that the lower court committed no error in refusing to grant the change of venue. The third proposition was with respect to the action of the trial court in referring the report of the drainage commissioners back and directing them to make certain changes in the specifications of the drain, as to the width and depth of cut. In this the supreme court holds that there wfts error, and that the power of determining the specifications of the drain as to its width and depth is vested entirely in the drainage commissioners and viewers, and that the court has no power to review the action of the drainage commissioners in that matter. The language of the opinion in referring the matter back to the lower court is as follows: “For error of the court in referring the report back to the commissioners with instructions to narrow the drain to fifteen feet, this cause is reversed with instructions to grant a new trial and to proceed with the trial upon the report of the commissioners as originally filed.”