Rensselaer Semi-Weekly Republican, Volume 41, Number 32, Rensselaer, Jasper County, 1 January 1909 — IROQUOIS DITCH REMONSTRATORS WIN [ARTICLE]

IROQUOIS DITCH REMONSTRATORS WIN

Judge Finds That There Are Enough Names to Defeat Petition for Extension of Iroquois Ditch.

The petition of Carey L. Carr and others to extend the Iroquois river ditch from the lower point of the present ditch to a point twelve miles further down the stream, has been defeated in the circuit court, Judge Hanley having found the remonstrance to the petition sufficient to defeat it, and rendering his decision this Wednesday morning, at about 11:30 o’clock. Attorney Williams for the petitioners, and Attorneys Halleck, Foltz and Darroch, for the remonstrators, were all present The court found that there were 2,044 property owners who were affected by the proposed drainage scheme. This number was arrived at after sifting all the evidence introduced by the petitioners to establish the number of persons who would have to help build the ditch. The law requires that a remonstrance to be sufficient to defeat a petition must be signed by two-thlrds of those affected by the scheme. Thus, it would

take 1,363 names to defeat the petition. It was found that the remonstrance contained 1,463 names, and only 13 of these were decided to be Ineligible to sign. That reduced the number of names held good to 1,460, which was still 87 more than were needed. Mr. Williams has not yet conferred with the petitioners, and Is not able to say what they will do in the premises. It is possible that they will appeal and it is also possible that they will pay up the costs of the case and after a time file a new petition with the belief that many who signed this remonstrance will not sign another one. The costs were not large, as there was no Jury and most of those who testified were parties to the suit and therefore not entitled to witness fees The cosVof the original petition will carry with the costs of the trial and compose the greater part of the expense, which will probably be from |4OO to 2600.>