The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-08-28
THE GREAT DRAINAGE CASE.
JUDGE AIACKEY'S DECISION.
STATE OF SOUTH CAROLINA,
COUNTY OF ANDERSON.

IH Utt OOHt W IOmWoh 4 tetsS.
Oliver H. P. FAINT and Joshua Jameson,
County Commissioners of Anderson
County, as Commissioners of Health
and Drainage, Plaintiffs, against j. A.
Keown, w. d. Evins, r. S. Bailey and
Mary Warnock, Defendants.-Can,-
plant on Assessment for Drainage.
This cause came on to be heard before
me at the February term, 1878, of the
Court of Common Pleas of Anderson
County. A separate camplaint was filed
as to each defendant, and the defendants
filed their several answers, but, by agree
ment of counsel, the four cases were
heard together, and are TO be determined
as one.
The plaintiffs allege that they "are
County Commissioners Of Anderson
County, in said State, and as such are
Commissioners of Health and Drainage
for said County, by virtue of the Act Of
the General Assembly, entitled 'an Act
to constitute the County Commissioners
of Anderson County, Commissioners of
Health and Drainage, and to define their
powers and duties therein approved
March 14tb, 1874.
II. "That on the 10Th day of July, 1875,
at Anderson, S. c., the defendants, with
Others, constituting more than one-third
of the landowners on Rocky River and
Beaverdam and tributaries, filed their
petition to the plaintiffs, as Commission
ers as aforesaid, in due form, praying,
among other things, that they proceed to
have such water courses ditched, and the
shoals blasted out, naming Majors Shoal
on Rocky River, and that said stream be
drained according to the true intent and
meaning of said statute, a copy of which
petition is herewith filed as part of this
complaint.
III. "That pursuant to said petition the
plaintiffs took charge of the same, and
granted said petition, and, among other
things, adjudged that the blasting out
and removing of the shoal, known as
Enoch Majors Shoal, and the removal of
other distractions between said shoal and
the bridge above, in such places as there
are no lands to be benefited, be done,
and the expenses thereof be borne by the
landowners along said streams in the
ratio of the number of acres Of bottom
land each one has along said streams to
be benefited by drainage.
~. "That thereupon the plaintiffs con-
tracted to have said work done, and en-
tered into a contract with Joseph 3.
Moore to blast out the rock obstruction
at said Majors Shoal, on said Rocky
River, below defendants lands, the ex-
pense of which was twenty-three hun
dred and four thirty-seventh- -hundredths
dollars, (S2,30437,) which being assessed
on the landowners according to the num-
Der of acres to be benefited, belonging
to each, made the sum of one hundred
and sixty-fve forty -hundredths dol
lars ($l65.45) due by the defendant, r.
S. Bailey, on ffty-eight (5S) acres of
land, which amount was duly assessed
against him.
V. "That the said work of blasting has
been completed, and the plaintiffs are
now entitled to said assessment against
said defendant to pay their obligation for
said work. Wherefore, plaintiffs demand
Judgment" &c.
The complaints filed as to the other
defendants herein contain the same allie
cations as the foregoing, except as to
''the number of acres to be benefited"
and the amount assessed on their lands
respectively: J. A. Keown being as
sessed for Sl26.30, on AL acres; W. D.
Evins, Sl71.95, on col acres; and Mary
Warnock, $262.55 on go acres.
The petition of landowners referred to
in the above cited complaint is as fol-
lows:
"THE STATE OF SOUTH CAROLINA.
"7o the County Commissioners Of anderson
County, as Commissioners Of Health and
Drainage:
"The undersigned, citizens of Ander-
son County, and State aforesaid, being,
ut least, one-third of the landowners for
distance of not less than five miles up
and down Rocky River and Bcaverdam,
respectfully show unto your honorable
body that the general health of consid-
erable portion of the citizens of Ander-
son County in said Rocky River and Lit
tie Beaverdam is seriously affected by the
streams, and that there is large scope
of bottom lands along said river and
creek which are utterly worthless, aud
that the same cannot be remedied, in the
opinion of your petitioners, without said
streams are ditched from Enoch Majors
Shoals, below the bridge, on r. @. An
derson's land, to the upper line of l.. d.
Stringer, on Little Beaverdam creek, be-
ing distance of over five miles. Your
petitioners, therefore, pray that your
honorable body shall ascertain the facts
stated above, and, if satisfactory, shall
have an estimate made of the cost of said
proposed drainage in said river, creek
aud tributary streams, and proceed to
have such water courses ditched, and
shoals blasted out, and drained, accord
ing to the true intent and meaning of the
statute, on such subject made and pro-
vided, approved March II, 1874"
This petition bears date July 10Th,
1875, and the names of the defendants
herein are attached thereto; the defen-
dant Mary Warnock denies in her answer
that she signed the said petition, and
further denies that she authorized any
person to sign her name thereto. 1t ap-
pears from the testimony that her name
was attached to the petition by her eldest
son, J. d. Warnock, and, although he
acted in good faith in the premises, he
had no authority to sign his mother $
name to the said petition, and she refused
to ratify his action therein. In the view,
however, that have taken of the case,
do not regard this point as material.
The defendants answering, severally,
deny that their properties have been ben
Gifted by the work done by the plaintiffs,
alleging that no part of their respective
lands has been drained thereby. They
further allege that the Act Of the General
Assembly, under which the said work
WIS done, and the assessment upon their
property levied, is unconstitutional and
void.