The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-08-24
CONTROVERSY
IS SETTLED
McKibbin Ditch May now
be Constructed.
MORROW MUST PAY $500
Prosecutor Does not File
uic Apnoa1
\ Ditch Case which has Been Hang
ingk Fire for % Number of Years
is Terminated and Work May he
Begun.

| The last chapter in the squabblc
over the McKibbin joint county ditch
has been written. For some time the
commissioners and prosecutors OF
Marion aad Morrow counties have been
fighting over assessing "A portion of the
cost of the ditch upon Morrow county
Marion commissioners assessed $500
| upon the sister county for the reason
that the cItch Is practically an extern
sion of the joint county ditch which
was built some years ago. The Nor
row county commissioners took the
matter to tn2 courts and 1t was fought
through Prosecutor Justice winning for
Marion county.
At the time the final decision was
made in the case, some weeks ago,
he court gave the prosecutor of Nor
row county ten days in which to file
at appeal In:a appeal was not filed
and an entry in the case has been
made, settling for all time the con-
I tention ana Morrow county will be re-
quired - pay its portion of the cost
of the ditch. The following is a brief
history Of the affair from the begnn-
ing.
The Mci<ibbin joint county ditch
was first taken up in 1898 when IL
petition was filed with the commits
sioners asking for the construction of
the improvement which affected both
Marion aLd Morrow counties. The
petition was granted and the con-
struction was completed at a cost of
about $ll,OOO o. this cost it fell TO
Morrow county to pay sixty per cent.
nv. I,.A t,,
ton was filed with the county COM
missIoners asking that the improve
ment be continued from the terminus
of the ,tiginal ditch on the John
Firstenberger farm to the Milestone
river. meeting was held between
the comm,S Ssioners of Marion and Nor
row counties, but no agreement as to
the amount of the expense Morrow
county should bear for the outlet in
to the MILESTONE could be reacehd.
The matter was taken to the probate
court of Marion county and two ap-
praisers were appointed by the pro-
bate judge. a like number was ap-
pointed by the probate judge of Nor
row county and these four selected a
NTH. This board of appraisers fixed
pay at $!CO. The Morrow county
commissioners refused to pay this
| amount and the case was appealed
TO the common pleas court of Mar
ion county. Here the case was rest
ing when c, l.. Justice became prose
cutor~of this county. A motion TO
dismiss the appeal was filed by Mr..
Justice and upon hearing before
| Judge Babst the motion was sustained
and the appeal was knocked out OF
court.
Prosecuting Attorney ]. G. Will
hanson, of Morrow county then took
a hand 81 the case and filed a petit
tion in the common pleas court of
that county asking for "A temporary
restraining order preventing the com.
missione = Of Marion and Morrow
counties and County Surveyor Ed S.
Ault from proceeding with the con-
struction Of the ditch and restraining
the commissioners of Marion county
from collecting the $500 from Nor
row county. This temporary restrain
ing order was made
Prosecutor Justice then filed with
the Morrow county common pleas
court, a demurrer to the petition, on
the grorlds that the petition did not
state facts sufficient o constitute q
cause of action and that the prose.
cutor was without the authority Il
bring such a suit. The demurrer
was argued before Judge MANSFIELD
and Mr.. Justice received the opinion Of
the court in the matter.
The demurrer Is sustained on botf
OF the contentious of Prosecutor Jus
tice and the Morrow county prosecu
| tor Is gi'en ten days in which to fil
an amended-petition. In case tn
| amended petitlon was filed within
| the stipulated time. the petition vii
| be dismissed and there is now no oh
stacle TO the construction of the i'm
/ prOvement.