The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1909-07-15
SINAI DITCHING
CASE FINISHED
AFTER BEING BEFORE COURT
TWO WEEKS.
JURY MAKES ITS REPORT
FOR DEFENDANTS, BUT JUDGE
RESERVES DECISION.

completed it's deliberations Thursday
night, after being out all day, and
brought in a verdict favorable to the
defendants in the action. The jury
acted as an advisory board in the
case, being given twenty-five ques-
tions to answer by the court. Judge
Marquis received their findings and
took the case under consideration for
few days. If he follows the advice
of the jury he will make a decision
favorable to the defendants, and this
is considered the most probable out
come.
The case was before the court two
weeks and was one of the hardest
fought and most interesting ever tried
in the county. Louis E. Johnson was
the one who brought the action and
the defendants were Peter Hanson,
Ole Erstad, f. H. Myre, Hogan Hogan
son, Otto Nordgren, Sivert Simonson,
Arne Hope, Ole II. Skattum, H. Van
Pelt, Alfred Bolks, G. T. Hatley, c.
Halvorson, w. H. Bryar and Hans
Rasmus. Cheever & Cheever were
the attorneys for the plaintiff and
Hall, Roddle & Purdy for the de-
PENDANTS.
Louis Johnson, who owns a farm
on the north bank of the lake, brought
suit to- prevent the defendants, who
are farmers near there, from drain
ing water into the lake. The lake is
dry at times and can be put into
crop during dry years, and this John
son has been doing, but during the wet
years lately the lake bed has been
filed with water. The lake is the
only natural place Of drainage in that
section. as it is lower than any of
the surrounding country but has no
outlet. The farmers in the vicinity,
this spring, constructed bitches to
drain the numerous ponds on their
lands into the lake, and Johnson Sc
curea II temporary injunction to pre-
vent them from continuing the work
Johnson claimed that the bitches will
prevent him from using the lake bed
to the center, which is his right when
it is dry, and also that the water
brought in by the bitches will over
flow his land on the bank of the lake
The defendants claimed that in dry
years there would be no water on
their lands to drain into the lake and
in wet years the lake bed would be
covered with water without the addi-
ton which the bitches would bring in
and therefore Johnson could not use
it. The jury, which visited the lake
and examined into the situation care
fully seemed to be inclined to the
opinion that the greatest good to
the greatest number could be accom-
plished by draining the surrounding
land into the lake bed. The case is
an important one in view of the large
amount of ditchng that is contem-
plated in this part of the country, and
Judge Marquis decision will be of
much interest.
Below we give the twenty-five ques-
tons submitted to the jury, together
with their answers:
lis Lake Sinai a natural lake with
we'll defined and rather abrupt banks
and was it meandered by the govern
: ment surveyors?
Yes
Ills Lake Sinai the only drainage
place for that part of the country
sought to be drained by the proposed
ditch in question?
Yes.
IH.-How much higher than the
present surface of the water in Lake
Sinai is the meander line established
by the government surveyors?
In the opinion of the jury accord
ing to evidence of surveyors, that por
tion of the meander line of Lake
Sinai shown in Exhibit Is is LIS feet
above the present water level of said
lake.
IV.-Does the topography of the
country through which the proposed
ditch is to be excavated indicate that
surface waters would naturally flow
in the same general course and direc-
tion as the proposed ditch takes and
into Lake Sinai?
Yes, if the water in the ponds be-
came high enough.
Vat the place where the deepest
cut is, between Van Pelt's slough and
Lake Sinai does it appear that nat
ural water course has been clogged or
filled up by gravel, sand, soil, etc.,
having washed into 1t during high
water?
Yes, by the action Of the water and
the wind,