People's Pilot, Volume 3, Number 45, Rensselaer, Jasper County, 27 April 1894 — Iroquo's Ditch. [ARTICLE]

Iroquo's Ditch.

Mr. Editor: The comments of the Republican of last week seem to call for a few further remarks on land and water rights. The question of whether the lower land is bound to receive water from the upper, has vexec neighbors, lawyers, legislatures and courts ever since the dawn of civilization. The Supreme court of this state have tried to define and adjust these rights. If the higher land hath an out let by a well defined natural water course with a sufficient channel and banks to protect the lower from overflow, or the upper hath procured the right to keep a channel open by purchase, by ditch proceedings, or

by long usage on a claim of right, then the lower must take the water. See Reed vs. Cheney 111 Ind. 387. The mere flowage of water however long gives no right. See Conner vs. Woodfall 126 Ind. 85. The upper owner cannot gather the water from his land into ditches and discharge it upon lower lands without a contract or a ditch proceeding. See Weddell et al vs. Hapner 124 Ind. 315. A ditch improvement settles the vexed question. Is it not better to ditch than to law? Any man may, in the absense of a right secured by purchase or gift, erect on his own land such barriers, as he pleases, to ward off the surface water and floods.

The object and purpose of making a public ditch is to settle cheaply the rights of land owners touching direct drainage and an outlet. Above the r: pids it is questionable whether the Iroquois hath had a legal channel. Above Alter’s mill it is an artificial ditch. Above the Groom’s bridge there was no channel before the mill dam was removed. The law of 1891 requires the court to find a sufficient outlet. The judgment of the court will protect land owneis. The payment of any sum however small fixes one's right to use the ditches constructed from the nearest available point, to the outlet. The costs of location have been incurred. The ditches are described. The whole cost has been estimated. The land owners have been notified. They have a right to be heard, and be bound by the court’s decision. It seems to me that now’ is the accepted time to order the work done. Each should pay pro rata, for the probable effect, on the value of his land. The county commissioners have decreed that the improvement

ought to be made. I believe each membei’ of that court desires that justice be meted to each of us. The levels show that my land in township 30, range 7 west is on a much higher plain than the Loughridge marsh in township 29, range 6. My land has been adjusted to artificial ditches. I am willing to pay my share tow’ard the construction of the one common

outlet. We are at the crossroads. If the improvement is made the rich, deep soil along the lower Iroquois and Pinkamink will be greatly increased in value. The cheap, then, sandy lands can pot bear the assessment as well. Put yourself in the other fellows place and dp as you would have him do. The stoppage of the improvement will sound a retreat, in our march toward a better condition. I am not in favor of taking the backward step. It is as easy to lessen or cheapen the excavation now as at any time in the future. Undei* the statute we can have twenty-two years to pay our share of the net ! cost. I wish we could all proceed in mutual peace and har|mony to a “consummation so devoutly to be wished.” Simon P. Thompson.

The May Arena closes the ninth volume of his leader among the progressive and reformetive reviews of the Eng-lish-speaking world. The table of contents is very strong and inviting to those interested in live questions and advanced thought, Among the important social and economic problems discussed and ably handled in a brave and foundamental manner, characteristic of this review, are “The First Steps in the Land Questions,” by Louis F. Post, the eminent Single-Tax leader; “The Philosophy of Mutualism,” by Professor Frank Parsons of

the Boston University Law School; “Emergency Measures for Maintaining Self-Respected Manhood,” by the Editor of The Arena. The Saloon Evil is also discussed in a symposim. One of the strongest paper on Heredity that has appeared in recent years is found in this issue from the pen of Helen H. Gardener. Rev. M. J. Savage appears in a very thoughtful paper on “The Religion of Lowell’s Poems;” a fine portrait of Lowell appears as a frontispiece. James R. Corke contributes a striking pa■>er on the “The Power of the Mind in the Cure of Disease.” A strong feature o this number is a brief character sketch by Stephen Crane entitled “An Ominous Baby.” Stinson Jarvis’ series of brilliant papers on “The Ascent of Life” closes with this issue.

The Arena has made steady progress; its circulation having increased during the panic, and it has necessarily enlarged .to one hundred and foAy-four pages. There is, also, in addition to this, the book reviews, which cover over twenty pager, making in all a magazine of over one hundred and sixty pages. The steady increase in circulation of this 85 magazine during a period of unprecedented financial depression shows how deep rooted and far reaching is the unrest and social discontent; for this review has steadfastly given audience to the views of the social reformers of the various schools of thought.

Those who never read the advertisements in their newspapers miss more than they presume. Jonathan Kenison, of Bolan, Worth, Co., lowa, who had been troubled with rheumatism in his back, arms and shoulders read an item in his paper about how prominent German citizen of Ft. Madison had been cured. He procured the same medicine, and to use his own words: “It cured me right up.” He also says: “A neighbor and his wife were both sick in bed with rheumatism. Their boy was over to my house and said they wfere so bad he had to do the cooking. I told him of Chamberlain’s Pain Balm and how it cured me, he got a bottle and it cured them up in a week. 50 cent bottles for sale by F. B. Meyer, druggist.

That $50,000 press of the Chicago Inter Ocean is being utilized in a unique and instructive manner by that great newspaper. It is being used to print a “Little Paper for Little People” with four full pages in colors, and beginning with Sunday, April 29th, this paper will contain the first installment of a Children's story, written especially for it ,by a Chicago newspaper man, Sam Clover. A unique feature of this story is that it is to be named by the Chicago school children after reading. This with the “Musical Supplement,” a netv art feature, makes The Sunday Inter Ocean a most interesting and welcome visitor for every member of the family.