Rensselaer Republican, Volume 26, Number 36, Rensselaer, Jasper County, 3 May 1894 — The War On the Iroquois. [ARTICLE]

The War On the Iroquois.

THE GREAT BATTLE OPENED MONDAY. But the Whole Matter May Be Transferred to the Circuit Court. The move mentioned last week, to raise money to compromise or fight the Iroquois ditch, resulted in the pledging of about SIOOO. This was not a large enough sum to have es fected a compromise with, and therefore it was decided to fight the matter in the courts. As a result of the decision Hon. E. B. Sellers, of Monticello, who managed the fight on the Wakarusa so ably, was engaged principal attorney for the remonstrants. He is assisted by R. W. Marshall, of the local liar. The ditch is represented by Mess. Thompson & Foltz.

The hearing of the case opened Monday afternoon, in the circuit court room, before the county commissioners. People affected by the ditch, and nearly ail in earnest opposition, were present from all parts of the county nearly, and in such large numbers as to crowd the room to pretty nearly the limit of its standing capacity. * The forma.ity of calling the names of all th e parties assessed for the benefits occupied a good part of the afternoon. They are some 1390 in number and each name was mentioned to the sheriff, by Mr. Foltz, and the sheriff then called the name three times in succession. Naturally it was a tedious operation. Following this, the attorneys for the remonstrants then filed a motion to dismiss. This was over-ruled without argument. A written request for dismissal of the proceedings was then filed signed by 20 of the 64 original petitioners. This too, was over-ruled. Mr. Sellers then introduced the principal remonstrance and bill of exceptions, signed by a very large number of affected parties, and took occasion in so doing to state that he did not intend nor desire to make more than a formal fight for the dismissal of the ditch before the Commissioners, but intended at once to appeal to the circuit court. On request of Mr. Thompson the court took a recess of two hours, to permit him to look over the paper just filed by the remonstrants. Uncle George Kessler, the quaint and picturesque old patriarch of Barkley tp., was too infirm to attend the trial in person, and therefore sent in the following written protest: Aprile 30th 1894 to the Board of the Comishors of Jasper County, that I opposed to the Iroquois dich Swindle forever and forevermore in Amen and Amen George Kessler.

The attorneys for both sides agreed that the commissioners should order the ditch established, without extende i examination, and "that an appeal should be taken and the main case be beard by the circuit court. Some affected parties, not represented by attorneys, have preferred a hearing by the commissioners, however, and their final decision as to their action has not yet been annoucect.

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