Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1910-03-31

Under the laws prior to 1907 the
er to assess lands, hence could only
construct bitches from appropriations
expressly made for that purpose. On
account of limited appropriations, they
could not begin to keep pace with the
demands and besides were restricted
to Localities where the. state had lands
that needed to be drained. The county
system was inadequate as it applied to
bitches wholly within the county and
III case such ditch benefited land be-
yond the boundary of the county such
lands could not be assessed Besides,
it is often the case that bitches must
extend beyond the boundary of the
county in which the proceedings are
! instituted, and it therefore became ap-
drainage law was required. At spe-
cial session of the legislature in 1902
the judicial drainage law was passed.
The law has since been amended but
! 1t has been a success since it's enact
ment. The fact that bitches costing
several million dollars are now and
have been constructed under this law
should claim for it attention and con-
sideration rather than criticism and
condemnation.
1.-The Volstead act, which was
passed May 20, 1908, was great re-
lief to settlers who had acquired titles
to their land but were surrounded by
vacant or homesteaded government
lands. This law provides: That all
| lands in the state of Minnesota, when
subject to entry, and all entered lands
for which no final certificates have is
sued. are hereby made and declared to
be subject to all of the provisions of
the laws of said state relating to the
drainage of swamp or overfowed lands
for agricultural purposes to the same
extent and in the same manner in
which lands of like character held
in private ownership are or may be sub
ject to said laws Thus, we have
drainage jurisdiction over the govern
many tract Of this land for the home
of the government homestead settler
Now, having briefly called atten-
ton to drainage legislation, let us for
a moment comment upon proceedings
Hereunder. Experience has taught us
how to avoid trouble and expense in
ditch proceedings.
Petition.
"a tract of land that needs drainage
should not be drained in piecemeal. 1t
should be all done in one proceeding.
With several proceedings and several
sets of viewers you have more trouble
and expense. Make the petition broad
enough SO as to give the engineer power
to take in the whole watershed, or so
much thereof as requires drainage.
Engineer.
"Don't experiment with inexpcri-
enced engineers. An incompetent en-
gineer will make the ditch failure.
In a level country bitches are of ten
made too shallow. Branches and lat
erals should be established at the same
land owners to put them in afterwards.
bitches and laterals should, when pos
sible, follow section lines.
Roads and Bridges.
"Whenever possible make use of the
excavated dirt for road purposes. Have
it specified in the contract how the
roads and bridges shall be built and
completed. You can often kill two
birds with one stone. Get good bitches
and good roads in one proceeding The
viewers should be careful about pro-
viding for bridges wherever required.
Viewers.
"Too much care cannot be taken in
appointing viewers. They should be
practical men, with experience and good
Judgment. Viewers have an inclination
to rely too much on the engineer and
his report. Viewers should be equipped
with pencil and plats and should view
the land by forty acre tracts-always
by forty-acre tracts. To classify a
farm of 100 acres as all swamp land
when it contains only forty acres Of
orally follows. When the viewers have
viewed all the lands, then they should
call a meeting of the settlers at the
nearest schoolhouse. There inform the
land owners of their assessments, invite
discussion and in many cases better in
formation can be obtained of conditions
during wet seasons, by. this method,
than can be gotten by viewing or from
the engineer renort. Every resident
ers before completing the report. Don It
blame the farmer for wanting to be
consulted before his assessment is fixed
and report filed. If you don It give him
chance to discuss these matters be-
fore the hearing on the viewers re-
port, then you will have to meet him
in court, where it is harder to adjust
matters after counsel fees and expenses
have been incurred. If you have to
break in new viewers give them full
instructions before sending them out.
Poor work on the part of the viewers
means delay. expense and litigation.
Hearing.
"The following method of procedure
at the first and final hearing has
proved to be satisfactory and expedi-
ent. This applies to hearing before the
county commissioners as we'll as before
the district Judge. Have the engineer
and viewers present. Then proceed as
nearly as possible in the same manner
as the trial of court case. Hear the
parties and witnesses on one side, then
on the other each taking the usual oath
before testifying. When this is not
done the hearing is likely to- take on
the form of stormy political conven-
ton, rather than a judicial proceeding.
"When the hearing is concluded the
county commissioners, or the Judge, as
the case may be, should make findings
and render decision.
"All drainage laws are necessarily
somewhat complicated, and give rise to
conflict between honest opinions, yet
there would be much less friction in
operating under it if those who preside
would give these oceedings and the