The Butler weekly times. (Butler, Mo.) 1881-1918, 1905-06-22
Drainage Notice.


Nay term OF the County Court within and for
Bates County. Missouri, there was tiled in said
court the petition Of J. y. Ksrn and thIrty-two
other owners Of real estate to be Affected there
by. petition praying said court thss the Beces-
ssry steps be taken 70 have ditched drained
and reclaimed certain lKnds in TownshIp thirty
eight cs, Ranges twenty nine. thirty and
thirty-one q, % and SD, and In Township
thirty mine Cs). Ranges thirty one, thIrty-txo
and thirty-three CSl. 50 and q, and In Township
forty tt0, Ranges thirty-two and thirty-three
81 and So. alleging that that there are more
than thirty thousand acres OF low, dat and
swampy land along and adjacent to the Msrias
des Cygnes and Usage rivers and their tributs-
ries subject to lnundation and overflow; that
said lands are wet and swampy, and that IL 10
practical to construct bitches and drains which
will drain and reclaim all Of said land and pre-
vent In large degree the overflow Of such land
that such work would be Of great public utility
and benent and conducive to the public health,
convenience and welfare; that said petitioners
are more than ave owners OF lots OF land on the
line Of the main ditch described in said petit
ton, which lands will be drained aud benz 1T
ted by the improvements petitioped for end will
be liable to be affected BY. and assessed for, the
construction OF the same That said lands
cannot be drained and reclaimed without Affect
Ing the lands Of others than the said petitioners
and that there 10 great necessity for said i'm
provements and to drain lots, lands, public and
corporate roads and railroads and to drain and
reclaim these wet, marshy, swampy and over
flowed lands 90 ss to render them useful, habit
able, heslthful and servicable, both to the
owners and the public.
| 1t 10 further asked by said petitioners that q
ditch and other works necessary to drain such
land shall be constructed so - TO begin at the
bank Of the Marias des Cygnes river at point
at or Immediately adj accent TO what lie known 90
the Marvel bridge across the Marlas des Cygnes
| river on the line between Charlotte and Walnut
Townships In said county, near the north line
OF Section two 2), Township thirty mine tssl,
Range thirty-three CsS) and on the north and
east side OF the Msriss des Cygnes river; that
the course Of said drain should be to run thence
In southeasterly direction over and through
ss low lands upon said bottom as can be found
| so as to make the course OF said ditch as nearly
straight and direct rs practical to the intersec-
ton with said Marias des Cygnes river at the
northeast corner Of lot sixteen (6) In Section
FIVE 90. Township thirty-nine CS9). Range thir-
ty-two t32l Of said county and proceeding thence
on the south or west side Of said river In the
same general course or direction, crossing
what lie known % the Island Slough, near the
northeast corner OF Section twenty three (2S),
Township thirty-nine ts9), Range thirty.two
1897 in said county and proceeding thence along
| NM nv In m "a
ton TO an intersection with said river st apoint
equi-distsnt between the north and sonth lines
OF Section twenty one t2D, Township thirty
eight (3s) Of Range thirty t30) In said county;
and beginning thence on the north or east side
Of said Marias des Cygnes river, opposite the
Intersection last AZORES aid and proceeding In
southeasterly direction across along the most
practical line to the Intersection with said river
near the southwest corner Of that portion OF
Section nineteen 40, Township thirty EIGHT tSsI
Range twenty.nine to-, lying north Of said
river.
Also praying for the construction of drains or
channels across said narrow points Of land
around which said river bends as shall be found
practical and desirable to increase the flow Of
| water through said river and thus aid In the
draining and preventing OF the over flow Of said
land as well also as for the construction of such
side bitches or drains as will be found neces-
sary and practical for the accomplishment Of
the general purpose.
1t is represented in said petition that the
number of miles of ditch which will be neces-
sary to accomplish said purpose will be thirty
miles.
Upon the filing Of said petition and thereafter
said County Court made Its orders appointing
Cyrus j. Requa, Charles I. VsnBenthusen and
Robert K. johnson, viewers, and A. II. Bell,
engineer, to go upon, over and along the pro-
posed route, make actual view Of the premises,
after having taken each an oath to faithfully
and impartially discharge his duties, and to
report to said court on the 9Th day OF une, 1906
upon the prscticsbility, feasibility and deslr-
ability of a construction Of the works petitoned
for as aforesaid, and whether or not the same
will be conducive to the public welfare, conven-
ience, health and whether necessary, and to re- |
port upon the best route for the proposed drain,
II fou nd to be necessary. practical. and that it
would be for the public utility and conducive to
the public health, convenience and welfare, and |
whether any portion Of the same should be COW |
cred an d whether the work Of constructing the |
same should be by allotment to the several in |
terests or be let by contract without allotment |
At he time Of the fling said petition the bond |
Of said j. +. Kern and others for the pa yment |
OF said proceeding, as required by law was filed |
and approved by said court. And ON the 9th /
day of June, 1906, two of said viewers to-wit: |
Cyrus j. Requa and Charles T. VanBenthusen,
and said engineer came into court and filed their |
report In writing in which they report, after
having viewed said premises that the proposed /
or petitioned for ditch and improve mel is neces-
sary and practical and would be of public utility
and conducive to the public health, convenience
and welfare; that the same is Necessary and
practical; that he route petitioned for as above
stated and beginning at . point as petition for
and running IN the course and direction aspetf-
toned for, is the best route and location for the
construction OF said work: that no part Of the
same should be covered; that none Of said work
should DO let by allotment to the several inter.
ests, but should be let BY contract without al
lotment.
Whereupon 1t was ordered by the court that
notice Of the fling Of said petition and report /
and the hearing OF the same, with nyobjec
lions thereto, will be heard by the County /