Rensselaer Republican, Volume 26, Number 22, Rensselaer, Jasper County, 25 January 1894 — The Monon Ditch is Legal. [ARTICLE]
The Monon Ditch is Legal.
Winamac Journal. There has been a great deal said in regard to the legality of the proceedings bad in the establishment of what is known as the Monon ditch, and as to the regularity of the assessment made against the several tracts of land benefited; but it now seems that all questions in regard to the matter have been fully settled by the supreme court of this state. About a year ago a lady by the name of Kepler, who lives in Cincinnati, by her attorneys, Messrs. Justice of Logansport, and Borders of this city, brought a suit in the circuit court against the Western Dredging Company of Lafayette, which had the contract tor constructing the Monon ditch, to restrain construction of the work through a large tract of land owned by her. The Dredging Co. employed Nye <fc Nye to defend the case and suit was hotly contested, but the court refused to grant an injunction. Mrs. Kepler and her attorneys being dissatisfied with the decision of the circuit court appealed to the supreme court and the case was decided last week, Judge Howard writing the opinion which is somewhat lengthy. The decision was in favor of the Dredging Co., and virtually settles all doubt as to the legality of the ditch proceedings, as well as the liability of all who are assessed to pay for the construction of the work. Those interested can not afford to resist payment in the face of this decision.
