The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1855-08-18
THE PERRYSBURG JOURNAL.
06


creek, it would be dry, and the lands on 1t
could be cultivated But these bitches now
carry the wa ter off the land, and drain the
road and rcct the creek."u e
That is all very probable, sir," says the
lawyer. F' | have Just told YOU that, accord
ing to law, water runs down hill If this
creek was not lower than the rest Of the land,
water would not find its way TO it, 1t seems
by the water running there, it has only been
obGying the law. You have raised pretty
nice question, will admit, but have sup
posed that lawyers in past generations had
made money enough out of it to now let it
rest. The profession, sif, can succeed very
we'll in making black appear arhite, or white
dtdck, right appear aoroRg, or wrong right /;
but this stopping water from running down
hill by going to law, is expensive to- clients
and a oonfoutded bother to lawyers" ...
Now the real facts in relation to Grassy
Greek are these: 1t is shallow stream with
low banks. Originally, before the plank and
other roads were constructed, in very wet
time, when the back lands were inundated
the banks and bed were nearly alike, present
ing one seq of water, deeper in the bed Of
the creek of course, than in Other places.
The construction of the plank and other road
bitches has confined the water mainly in its
passage to the creek within these ditches and
made the upland dry, While the low creek
bed is filled with water as it was before, and
as it should be if the current does not run
fast enough to keep it down. If the making
these road bitches, or any others, into the
creek, has the effect to raise the water in it
quicker than formerly, then it proves that
the bitches perform what was intended of
them, that is, to carry the water off the land
quicker. If the owners of the lands ON the
creek have built fences or fallen trees so as
to obstruct the free passage of the water so
that it overfoWs more of their low land than
is necessary, it is for them to clear it out or
submit to waste of land. Grassy Creek is
as much highway for the water within its
valley to travel, as public road for persons
Every person owning land within its valley
or basin has as good right to drain into it.;
provided he can do so without encroaching
upon his neighbors, with such depth or width
of ditch as he pleases, as he has to plow his
land with such width or depth of furrows as
he chooses. The owners of the lands on this
creek hold them subject to all the benefits
and disadvantages of their location. If they
have advantages by being on the creek, they
also have disadvantages. If at high water
mark 20 or 40 rods in width of their land is
occupied by the water, they have no reason
to complain, for when they bought of gov
eminent or anybody else they bought subject
to the flow of water Furthermore, the own
ers have no right to call on the public for
appropriations to clear out the bed of this
stream. Unless it can be made to appear that
the public health, or in some other way the
public will be benefited by appropriating
money to clear it out. there is no more pro-
priety in doing it than in ditching individu
al lands generally. | assert this as legal
proposition, that the courts will sustain.
Yet we have men among us that threaten
to prosecute the plank road company because
water runs from its bitches into this creek
The uery bitches these men helped to make
themselves, to drain their land Just as if
the plank road company could be required
to elevate the water in the air until it evap-
orated!!
Being aware that some of the worst OBJ