The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-10-01
DECISION RENDERED In
CLEARWATER DITCH CASE
Judge Stanton Files Decision in Case Which Involves Tax
Levy-Holds Levy on Lands Affected by
Ditch Was Illegal.

1901, duly signed and acknowledged,
was recorded in the office of the
register of deeds of said county,
which said statement contained,
among other descriptions, the lands
herein involved, which are described
as follows, (Then follows forty-one
names with descriptions of the
lands involved.)
| IS. That final proof under the
homestead laws of the United States
for the tracts above designated
which are included in descriptions
numbered one ID to thirteen (13)
inclusive were made prior to the
first day of August, 1904; that final
proof was not made for the remain
ing tracts above described, numbered
fourteen (14) to forty-one (41) in
elusive, until after the first day of
August, 1904.
e. That one-tenth ofthe amount
so assessed against each tract in
involved herein and above described,
with interest added, was, on the first
day of January, 1905, entered on the
tax lists of said county as tax on
said tract; that no part of said tax
has been paid, that said tax on each
of said tracts was thereafter included
in the list of the real estate taxes
for said county remaining delinquent
and unpaid on the first Monday in
January, 1907.
u. That the proceedings for
laying out and establishing said
Ditch No. 1, Clearwater county,
Minnesota are void for the reason
that the description of said ditch
in said proceeding is so indefinite
and uncertain that said ditch can
not be located therefrom; that in
the order of the county commission
ers purporting to establish said
ditch the only words in any manner
locating or describing it are the
following, do hereby locate and
establish the said ditch according to
the report and the specifications of
said civil engineer made and filed
herein; that said county commits
sioners had duly appointed an engi-
neer to make survey and report
of said ditch as required by law, and
said engineer had made purported
report, but had utterly failed, either
in his report or otherwise, to locate
or describe said ditch, and his
report contains nothing from which
either the starting point, terminus
or any of the courses and distances
of said ditch can be located.
"8. That the County of Clear
water, acting through its board oil
county commissioners, without
right and without authority so to
do, caused said Ditch No. I,
, Clearwater County, Minnesota, to
be constructed, but that said
county commissioners, in so doing,
believed that they were acting
under and pursuant to the drain.
age laws, and all their several
acts were performed in good faith
in bona fde attempt to do what
they believed to be their duty
under such laws, and not other.
wise nor for any other purpose.
And as
Conclusions of Law.
The court finds that the object
, ors herein, and each of them, are
| entitlnd to judgment herein dis
charging and relieving each of The
tracts of land hereinbefore described
from such portion of the tax Thereon
for the year eff 1905 as represent:
/ and was entered as a part. of the
, assessment against said tract for the
= construction of the said Ditch No.
I Clearwater county, Minnesota, and
I from all penalties, interest and costs
September End, 1909.
&C. w. Stanton
f District Judge.
r Memorandum.
The order establishing the DITCH
i makes no attempt to describe o
locate it, but refers to and adopt
the report of the engineer for sue
description and location. The re
port OF the engineer gives no des
D cription or location whatever. Al
# that this report contains wit