The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-07-30
For the Andersop Lntslligencer. y. ....
THE DRAINAGE LAW; AND THE ACTION
OF THE COUNTY COM NEkSe

Law BY the last Legislature, and Its repuohca-
tion in your columns recently, induces me to
pen u few thoughts relative to the spirit and
purpose Of the law, and its proper administra-
ton, The Importance Of such a law, as a mat
ter of public necessity, is Of no recent origin,
as the passage of q Ditching Law by the Leg
islature of 1856 fully. attests. In all countries
and. at all times, the proper drainage OF wet
and marshy lands, has been subject OF so
much importance as to enlist, in many cases,
the support and aid of the government in con-
junction with individual enterprise, to promote
successfully the thorough drainage of marshy
lands; and this, too, with double purpose;
first, with view to the improvement of the
general health of the country, and secondly,
the proper development of the agricultural re-
sources Of the country.
Holland, now one of the most prosperous
and inviting regions, agriculturally, in all
Europe, was once almost continuous slough
of marshy land, totally unfit for the habitation
of man. But under a thorough n system OF
drainage, she has become almost 8 paradise tor
the farmer. Many of the large cities OF our
own country owe much of their prosperity to
the system of thorough drainage, adopted by
their municipal authorities. That the tho
rough drainage Of marshy lands is essential to
the health and agricultural development OF any
country, where such lands exist to any consid-
erable extent, is well established principle Of
science, and sound public policy. Within a
yery few weeks we learn from the public press,
that a wealthy company of English capitalists
have purchased large bodies of land lying on
the Wateree River in this State, for the pur-
pose.o draining these large bodies OF swamp
lands lying on said stream, and recovering
them to the settlement and cultivation OF man.
It is, then, no new or strange thing that the
people of Anderson should manifest so much
anxiety for the passage of a drainage law
such as has been adopted-as essential to her
prosperity, in view of health and agricultural
development, The provisions of that Law, it
justly and ,impartially administered, must pro-
duce general satisfaction; on the contrary, II
caprice and prejudice are to govern in the ad-
ministration of the Law, then all the utility fof
rood Law will be virtually nullified. Pre-
suming that the first three sections will meet
with general approval, we pass on to the con-
sideration of the last and most important Sec
ton of the whole Act, giving to the County
Commissioners the power to remove mill dams,
under certain condition, and upon paying
fair compensation to the owner of said proper
ty, to be assessed upon the property of those
benefited BY the removal. The only condition
which will authorize the Commissioners to re-
move any mill dam, is the fact, that upon the
evidence of physician, and other witnesses, the
Board becomes satisfied that said property has
become public nuisance, from the consldera-
BILE amount of sickness prevailing in said To-
cality. and that its further use would be hurtiul
and Injurious to the community at large
Under the old Law prevailing in regard TO
nuisances, they are to be peremptorily removed,
even; though the. interests of private parties
should suffer detriment. In the case OF mill
dams, such a result was generally regarded as
hardship upon the owners of said property,
which they ought not to be required to hear.
In no view of the case, was it deemed right
and proper that the owners Of such property
should be, required to make anything more
than an equitable sacrifice with the rest OF the
community, inr getting rid of the nuisance.
Not, surely, that said property should be val
ued at an amount which it might be worth
under other and more favorable conditions, but
only such compensation as would ensure the
owner Of said property against serious or une-
quail loss, said property having become, even
in its lawful use, q public nuisance, and there
fore necessary to be removed.
Such being reasonable view of the spirit OF
the Law, we now ask careful attention to
the action Of the County Commissioners in the
only two cases which, as yet, have been brought
to their attention, to wit: Rankin's and Meals
mill dams. We wish it distinctly understood
that we do not impugn the motives Of the
honorable gentlemen who compose the Board,
but simply make statement of the facts, part
" from our own knowledge and partly from
credible information, leaving it to the intelli-
gent people of Anderson to make up their
;ndement upon the facts Of the case. In their
action at Rankins, the Commissioners met at
the mill site, and afther acquainting Mrs.
Rankin with the nature of their proposed &C
tion, proceeded to view the premises, together
with the condition of the pond and its sur
roundings. It is proper to state that the
Chairman of the Board, after careful survey
as aforesaid, with the other Commissioners,
expressed himself as thoroughly satisfied that
the dam should be entirely removed, and that
his previous prediction in favor of food
gate was entirely dissipated. In this view he
was sustained by the Board unanimously, and
thew gave a written judgment that said dam