Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1907-02-26
DISTRICT ORGANIZED.


cation of the district. This case has
been before the courts for the past two
years.
Petition for organization was first
presented in Decent Der, 1908. The
board Of commission ers appointed TO
fix the price of assessments, etc. made
its report in July, 1904. Objections
and remonstrances were made By both
parties and in October, 1905, an appeal
from Judge Silverthorn's decision. dis
solving the organization, was taken to
the supreme court, with the result that
the decision of the lower court was sus-
tanned in July, 1906. The plans were
then changed to meet certain objections
raised at the former trial and the
matter was again brought into court
with results as below given The opin-
ion appears TO be that there will
be no further contest In the matter.
The proceeding is before the court
upon motion of the commissioners to con-
firm their amended or supplemental re-
port.
The court has already determined
that the proposed drain is necessary
and will be useful for the drainage of
the lands; that the public health and
the public welfare will be promoted by it
and has appointed commissioners to con-
struct and lay out the proposed drain.
The commissioners duly qualified and
submitted to the court a report recon-
mending proposed detained plan OF
works for draining the district, which
contained an estimate OF the cost OF the
works and an assessment OF the benefits
and damages to the several parcels OF
land affected. Several parties objected
both to the confirmation Of the report
and to the proposed assessment of
benefits and damages against their
lands, and demanded a jury trial upon
the question of assessments in case OF
the establishment of the district. The
court ordered that the latter issues be
tried by jury at a time and place to be
thereafter set and proceeded to a hear
ing as to confirmation of the report 10
other respects aad the organization of
the district Upon such hearing the
court made an order denying con-
firmation on the ground that the
proposed plan would destroy Rice lake,
meandered body and part of the in
land waters of the state, and impair the
navigabiity of the Little Eau Pleine
river, but denied motion made by the
remonstrants to dismiss the proceed
ings. Upon the appeal OF the com
missioners from this order the order
was affirmed by the supreme court.
The commissioners thereupon OF
their own motion submitted sup
Elementary report proposing a drain
age plan which would, as they
alleged, preserve the waters OF
the lake at their ordinary stage and
| preserve the navigability of the stream.
The remonstrants then objected to the
| jurisdiction of the court to entertain
| the so-ealled supplemental report and
again moved to dismiss the proceed
ings. The court overruled the objection
and denied the motion. Hearing has
now been had upon the motion of the
commissioners to confirm this supple
mentary, report and establish the dis
trlct.
This statement is made in order &c
bring clearly to mind the precise m after
for determination at this time; which is,
whether the commissioners have pre-
sented plan which will drain the pro-
posed district and at the same time pre-
serve the lake and river and their nayi-
gability
AS to the feasibility of the plan to
effect drainage. 1t will appear that
some considerable portion of the land
will not be well drained as by the plan
| first proposed by reason of the water
| in the bitches and lake being maintain
ed nearer the surface of the land than
by the former plan. Around Rice lake
| the surface of about 250 acres appears
| - ,, f1r 20 In fl1o of
| the water, below the lake about 90 acres
appears to be below that level. 1t
would appear that four feet is the least
| height of the land surface above the
water level at which good drainage re-
suits may DC expected. Such portions
| of the lands OF the district as lie more
| than this distance from the water levels,
| it appears from the evidence will be
| adequately drained. The degree of
| drainage of these lying less, is uncer-
| tain, but as to all of them there will
| doubtless be partial drainage, which
| viii benefit them to some extent. This
probable inadequacy of drainage for a
| comparatively small portion of the
| lands should not, in my opinion, be al
| lowed to defeat the formation of the
| district. As far as these lands are con-
cerned, it is only matter of assess
ments of the amount by which they are
| benefited. Owners not satisfied with
their assessments have objected on that
| ground, and will have a trial by Jury
upon this issue. One of the remons-
| trants, the Chicago, Milwaukee q ST.
Paul Railway company, is also object
| ing to assessment on the ground that it
is not assessable, and some of the
| towns are asserting the same claim.
| But these matters are left to be and
| properly may be passed upon when the
i contests as to the amounts of the assess
| mentS come on for trial The plan
| appears to me from the evidence to be
| feasible and practicable as drainage
| proposition
As to the effect of the plan upon the
waters of Rice lake. There seems to
| be no doubt that the system of wier
dams proposed will maintain the
waters of the lake at their ordinary
stage. The digging of ditch through
| the lake cannot have any effect to de-
stroy the body as lake, but would
rather seem to benefit it to some extent
| in that respect, especially if the earth
removed is deposited on the banks of
| the lake, as the proof shows it is prac-
| ticable to do, and as seems to me advis-
able.
As to the effect of the work upon the
river outside the boundaries of the lake
and apart from the question of navi-
gability. While sweeping and radical
1 changes in the course of the river are
/ contemplated, the waters in their new
bed will constitute, as it seems to me-
the Little Eau Pleine river. If the
abutting owners should conSecutively
make the changes suggested, all with
in the limits of their respective lands,
they would be acting within their
rights. If one man owned all the land
he might clearly, under the authorities,
! make these changes if he desired. Ia
neither case would the stream be con-
| sidered as destroyed
Mention is made of the public rights
of fishing and hunting in aud on these
waters. 1t does not appear that these
| rights viii be injuriously affected
| Certainaily not as TO the lake. And
as to the river it appears quite probable
| that the bayous provided for, and por-
tons of the bed from which the stream
4