The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-12-18


established by decisions of our supreme
court. The particular bitches here un-
der consideration terminate III the Min
nesota river. which is natural water
course, carrying off the water from
the territory though which it passes.
1t is in entie harmony with the rules
of law covering the subject of drains,
surface water and water courses, that
the Minnesota river should be made
use of i'll the manner described. But
it is not consistent with justice or
right that the state should put into
operation a drainage system to incom-
plete that its operations will benefit
one citizen only at the expense of an
other. 1t may therefore be further as
sumed that the state has not done its
whole duty until it perfects its system
so as to provide for the final DISPOSE
ton of the water thus accumulated
without injury to the property of any
citizen, and if this is impossible, then
it should provide means to pay for the
property destroyed
'In an other opinion for this league
by Mr. E. r. Young, attorney general,
the drainage law is summarized as fol
lows:
at is an elementary proposition that
everybody is entitled to the benefits of
the natural conditions which surround
his property, and. when those natural
conditions Fare interfered with, some
one must be responsible for the injury
BY authorizing the. construction of dit
ches to drain wet lands the state has
disturbed natural conditiors, aid there
fore it seems to 1Ie that state ought
to assume the burden of protecting
those whose rights are invaded"
"The proposition of raising funds with
which to relieve the present situation
of the river bottom property owners
is simple matter of taxing the prop
ertv owner of the natural water shed
of the Minnesota river, comprising
ten million acres, who are enjoying the
present drainage law. No honest, fair
minded person can object to so fair a
deal"
Legislation Asked For.
The meeting then got down to bust
ness and received the report of the
special committee on legislation, which
was presented by Attorney H. N. Ben
son of st. Peter. He offered the
two following bills, which the committee
recommended the league to ask the leg
islature to pass:
A bill for an act to authorize the
State Drainage Commission to improve,
deepen and clean out rivers within the
state.
Be it enacted by the Legislature of
the State of Minnesota: ..
Section l. That the state Drainage
Commission shall have the power to
make surveys of rivers within the state
for the Improvement thereof and to wi
den, deepen, straighten, clean out and
improve rivers within this state when
ever the same have been or are likely
to be overfowed by reason of the wa
ter from bitches previously construc-
ted under any drainage act emptying
into the same, or otherwise, and caus-
ing damage to abutting or adjacent
lands, or wherever the same will be of
public benefit or promote public health,
and to use and expend any money
appropriated for such purpose.
Section III. That this bill shall take
effect from and after it's passage.
Appropriation Sought.
A bill for an act to appropriate mon
ey to defray the cost and expense
of improving rivers within the state of
Minnesota.
Be it enacted by the legislature of
the state of Minnesota:
Section l. That the sum of $780,
600, or as much thereof as may be
necessary, is hereby appropriated from
any money in the treasury, not other
wise appropriated, for the purpose of
widening, deepening, Strengthening, i'm
proving and cleaning out any river
which has become overlooked, or likely
to become overfowed, by reason of the
water from bitches previously construc-
ted under any drainage act emptying
into the same, or otherwise, and caus-
ing damage to abutting or adjacent
lands,
Section II. The said money to be
expended by and under the supervision
of the State Drainage Commission.
Section III. This bill shall take eff
feet and be in force from and after
its passage.
Senator c. A. johnson of st. Peter
moved that the two reports he adopted,
and after some discussion a recess was
taken to talk the matter over.
When the meeting reconvened, the
drainage commission bill was taken up
first.
North Mankato's Position
Mr.. Lossow said that the bill did
not strike North Mankato just right.
The village had valuation of 100000
and when the good came and swept
through the village and took the lives
of three young people it was decided
that it could not wait the slower pro.
cesses of national or state work, for
fear that the village would be down to
st. Peter before anything was done,
if the work was started at MENDOZA.
1t had therefore voted bonds and was
constructing dixie twot thirds of the
way around the village. 1t would be
hardly justice for the village to be as
sessed in the future for improving the
river, when it had made its own i'm
provements from its own pocket. The
village ought to be compensated for
the work which it had done.
Senator johnson said that it was a
well settled policy that the state would