The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-10-01

JuosS oldutOu, ycSlcIudy d1tcl
noon, rendered a decision in the
case known as the Clearwater
County Ditch Case, No. l." wherein
the judge holds that the tax levy
which was made in 1904 for the pur.
pose of paying for a ditch was in.
valid.
The case involved an assessment
which was made a lien upon lands
affected by the ditch in 1905.
The decision is as follows:
state of Minnesota
County of Clearwater
In District Court,
Fifteenth Judicial District.
In the Matter of the Proceedings
to enforce the payment of taxes on
real estate remaining delinquent
the first Monday in January, 1907,
for Clearwater County, Mime
sofa.
ANDREW Johnson and Forty others
Collectors.
The board of county commission
ers Of the County of Clearwater,
Minnesota, acting under the pro-
visions of Chapter 258, Laws of
1901, proceeded to establish and
cause the construction of drainage
ditch, wholly within said county.
The defendants, Andrew Johnson
and forty others, all occupants and
possessors of lands against which
assessments were levied for alleged
benefits by reason of the construc-
ton of said ditch, objected to the
assessment so made and levied for
the year 1905, and on, the 9th day of
March, 1907, each of said OBJ jec tors
filed in the office of the clerk of the
district court of said Clearwater
county a duly verified answer setting
forth his objections to said assess.
ment and to that portion thereof
contained in the list of taxes for the
year 1905 remaining delinquent and
unpaid on the first Monday in Janu.
airy, 1907, which said delinquent tax
list was last published on February
22nd, 1907.
The cause, and each of them,
came before the court at an adjour-
ned term thereof, at Bagley, in said
county, on the first day of August,
1908, Edward T. Teitsworth, county
attorney, appearing for the county,
and Messrs. w. E. Rowe and Thos
H. Keefe appearing as attorneys
for the directors Andrew johnson
and forty others, whose names and
the respective descrip tons of the
tracts of land involved, are in these
findings hereinafter set forth, it be
ing stipulated, or at least understood
and agreed by all of the partie S
that each of said actions should be
submitted and determined upon the
hearing then had. The court, upon
the evidence, and being fully advised
finds as
Facts.
"1. That petition for drain
age ditch, designated and known
as Ditch No. I, Clearwater
County, Minnesota dated Angus
28th, 1903, signed by fourteen
land owners whose lands would b.
affected by the construction of sai<
ditch and setting forth the neces
sity therefore and an approximate
description thereof, was filed will
the county auditor on the 16tl
day OF September, 1903.
"2, That thereafter, in an at
tempt to comply with the pro
visions of the drainage law, sucl
proceedings were had that, on tn
9Th day of March, 1904, the count
board made and entered in form
an order establishing said ditcl
and thereafter said ditch was con
structed.
g. That the lands of each {
the objectors herein, as hereinafte
designated and described, wer
assessed for the cost of the cor
struction of said ditch in proportio
to the benefits to each tract, a
found by the viewers. -
~. That on the first day {
August, 1904, the county auditor
list and statement, as provided i
Section 10, Chapter 258, Laws {