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

construct bitches from appropriations
express y 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
bitches wholly within the county and
in case such ditch benefited land be-
yond the boundary of the county such
lands could not be assessed. Besides,
it lis often the case that bitches must
extend beyond the boundary of the
county in which the, proceedings are
instituted; and it therefore became APP
parent that more: comprehensive
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.
"The Volstead {, act, which was
passed May co. 1908, was a 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 a like character held
in private ownership are or may be sub
ject to said laws Thus, we have
drainage jurisdiction over the govern
ment lands, and we are now preparing
many tract of this land for the home
of the government homestead settler.
ton to drainage legislation, let us for
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 piecemeaI 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
W Gdhc LII Guc WuO1c "dCCISuCu, VI ~
much thereof as requires drainage.
Engineer.
"Don't experiment with inexperi-
enced engineers. An incompetent en-
gineer will make the ditch a failure.
In level country bitches are often
made too shallow. Branches and lat
erals should be established at the same
time, and not rely upon townships or
land owners to put them in afterwards.
bitches and laterals should, when pos
sible, follow section lines. >~" .,
Roads and Bridges.
HWhenever 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.
"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
by forty acre tracts. To classify a
farm of 160 acres as all swamp land
when it contains only forty acres Of
such land is wrong, and litigation gen
orally follows When the viewers have
sviewedaall 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 engineers renort. Every resident
settler should be consulted9by the view
ers before completing the report. Don t
blame the farmer for wanting to be
consulted before his assessment is fixed
and report filed. If you don't e i've him
a chance to discuss these matters be-
fore the hearing on the viewers re-
port, then YOU will have to meet him
in court, whereit 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 expedl-
emit. This applies to hearing before the
county commissioners as well 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