Arizona republican., 1909-02-17
ROAD FLOODING CASE
 SETTLED AM|CABLY
Glendale Controversy Disposed of by Defendant Pleading Guilty to a Technical Violation.

The Glendale road flooding case is ] either settled by this time or will be this morning, both amicably and also in Justification of the law, which the l defendant is as much or more con- cerned in upholding, than anybody. MT Fowler yesterday declared his intention of pleading guilty, or rather instructing his foreman, the techni- cal defendant, to do so, and he would pay the fine. The fine will only be a nominal one and has never been an irritating feature of the controversy which is important only in the prin- ciple involved In justice to MT Fowler as well as to the authorities and for the benefit of all citizens, it is proper to review the case and the details of its settlement.
 MT Fowler has for years main tained a waste ditch along the coun
 ty road at the south side of his ranch and some ten or twelve hundred feet further to the west, along the line of his neighbor's ranch. At that point, many years ago, the then occupant of the property on the south side of the road built the bridge, or culvert, that lile CdSt, III OluCi IO SN- cure the waste water from the Fow- Ter ranch to irrigate his own ranch and doubtless was sufficiently in- terested to see that the culvert was kept clear. More recently there has been no such demand for the water and the culvert has been neglected on the, theory that it was a county bridge and that the county should keep it in repair if nobody else did. The road overseers had no funds for the purpose and it now appears that nobody is particularly concerned in the existence of the culvert there, though MT Fowler felt that he had done>his part in caring for the water until he had delivered it to what he supposed was county authority.
 Mir. Fowler took the matter up with the district attorney who said that the law indicates that one must care for his waste water no matter how far it goes, until it is delivered to some other authority, or in the event of it's flooding the road he is amena- ble. He explained also that the county was not responsible for the care of this bridge, which was a con struction for a private purpose, other than to see that it was all right on top. or in a proper condition for the passing of vehicles. He admitted that the facts and conditions work an injustice to MT. Fowler at the present time, though the latter is technically responsible for the road being flooded.
 The remedy suggested is for Mir. h rIa by his neighbours farm. which it now goes half way by. and on across the section line to the west where the county does maintain a bridge over lateral. In so doing of course he has also to construct a ditch for his neighbor as well. unless by co-opera- ton they unite their interests, or unless MT. Fowler should go into the courts he has also to construct a ditch for his neighbor as well. unless by cooperation they unite their in terests, or unless MT. Fowler should go into the courts and force cooper ation, Though a seeming hardship on those situated that way, it seems to be the only way to fix respon- sibility for waste water. After see ing the law and the district attorneys construction of it. Mir. Fowler agreed with him quite fully and told him that though it was unfair in its ap- plication to some cases he would with pleasure abide by it and would therefore instruct his foreman to plead guilty and he would pay the fine and see that the Offense was not repeated. MT. Bullard at the same time advised the Glendale jus tice to assess only the minimum fine. It is the importance of the vindica- ton of the law that is desired, rather than any proceeds from it's violation.
 Mir. Fowler stated later that he had been convinced that his foreman had technically, though unwittingly, vio- lated Nthe law and that the law is one that must be rigidly enforced in this valley for the successful operation of the water system now and here after, as we'll as for the good of the roads and the convenience of the public. For one he wants to see the law enforced to the letter and should he be the one to come under it's letter, he expects to suffer the penalty, though it is not his purpose to get under even the letter any more As the days and years go by and the bridge and ditch systems are per fected these present hardships will doubtless be eliminated so that no man need offend unlesS deliberate and malicious, or grossly negligent and careless, neither of which is true in the greater part of the road flood ing cases that come up, though Nit is just as necessary that they be dealt with.