The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1908-02-13
DITCH REPORT IS
FILED in COURT
THAT YELLOW
RIVER DITCH BE ESTAB-
LISHED AT COST OF $4O,-
600. OFFER $4,000 FOR
ZEHNER MILL
DAM.

missioner on the proposed Yellow
River Ditch was filed with Special
Judge Geo. d. Burson. of Winamac,
Tuesday. The report IS a bulky affair
of almost a thousand typewnttn pages.
Over three thousand persons are as
sessed, their assessments ranging
from a couple of dollars up to a
thousand. The Vandalia railroad has
levied against it, an assessment of
$1,000. The city of Plymouth for
benefits derived from drainage of
streets and alleys has $500 levied
against it, besides the assessments
against property owners in the city.
According to the report, the total
cost of dredging the river, etc, will
amount to $40, COS. 90. The dimensions
OF the river bed, from the beginning
of the dredge, 6 miles north, to the
l.. L, x. w. railroad bridge IN this
city, will be 35 feet wide at the bot
tom, and 60 feet wide At the top.
Down t o the city limits, the river will
be deepened from 3 to 5 feet, in some
instances, as much as II feet. Within
the civ limits the river will be deep
ened 6 feet. From the l.. f. & w.
bridge to the end of the dredge, the
river is to be 40 feet wide at the bot
tom. and IS feet wide at the top.
The report recommends that $4,000
be paid for the Zehner dam. This
amour will not be accepted The
Zehner family own and maintain the
dam, under a night obtained by com
plying with the state statutes, and
they will refuse the proffered sum-, as
being greatly inadequate to recon-
pense them for the loss that they
would sustain by the removal of the
dam.
SO far there has been over $4,000
expended in trying TO establish this
ditch. The expense for this last ur-
vey and report will exceed $1,000. THIS
money has been, and is being paid
out of the county treasury. If the
ditch carries, this money will be re-
turned to the county treasury from
the ditch fund, but if it fails, the mon
ey will have to be refunded by the
parties who p%etitioped for the ditch.
In order 10 defeat the ditch the
case will have TO be tried on its mer-
its in court. Several individual re-
m~onstrances will be filed before the
expiration of the 10 days allowed.
Attorneys II. l.. Unger and +. c.
Martindale represent a number OF
the demonstrators T.iere are ten
grounds on which an individual may
file a remonstrance, and are as fol-
lows:
First. That the report of the com
missioners is not according TO law.
Second. By any person or persons
whose lands are assessed as benefit
ed, that the damages assessed to any
specified tract of land are exorbitant.
Third. By any person or persons
whose lands are assessed as benefit
ed, that his or their specified lands
are assessed too much as compared
with other lands assessed as benefit
ed or damaged, specifying the same.
Fourth. By any person or persons
whose lands are assessed as benefit
ed, that other tracts. specifying the
same, are assessed too low according
to the benefits to be received.
Fifth. By any person whose lands
are assessed as benefited, that the
same will not be affected, nor bene-
fitted to the extent OF the assessment
by the proposed work if accomplish
ed.
Sixth. By any person whose lands
are assessed as damaged, that the dam
ages assessed are inadequate.
Seventh. BY any person whose
lands are reported as benefited, that
his lands will be damaged by the con
.'struction Of the proposed work.
Eighth. That it will not be practi-
cable to accomplish the proposed
drainage without an expense exceed
ing the aggregate benefit.
Ninth. That the proposed work
will neither improve the public
health nor benefit any public high
way of the county. nor be of public
utility.
Tenth. That the proposed work as
decided upon and recorded by the
commissioners, will not be sufficient
to properly drain the land TO be af-
fected, and the filing of such remon-
STRANGE in the office of the clerk of
such circuit court shall De a sufficient
fling thereof under this &C: whether
in term or vacation