The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-10-18
Phase Of.
The Mouse River
Drainage Matter
MOST IMPORTANT QUESTION OF KIND IN THE
PROJECT ONE OF coUNrRY's LARGEST.

The famous International Mouse
river drain in again in court. but this
time as the champion of the rights
of the people and Of the drainage dis
trict against the railroads., and the
litigation thus resulting IL probably
the most important that has yet arisen
In the state as related to drainage
matters.
The drain commissioners are en-
gagged In deepening, Strengthening and
widening the Mouse river, from a
point in McHenry county to the
mouth of the North Antler creek,
fourteen miles acros the line, in
Manitoba.
Who PaYs3
The river Is crossed by the bridges
of the 500 and Great Northern rail-
remove these bridges in order that
the excavation may be done and the
dredges moved: the expense involved
amounts to many thousands Of dol
lars, and the question Is, upon whom
falls this expense.
The board claims that these bridges
materially retard the flow Of the wa
ter in the stream and create obstruc-
tons therein by holding back the ice
dirt and debris. therein. is deposited
in the bed of the stream: the current
Is naturally very slow. and these de-
posits have damned back Sthe water
30 that the lands Of the settlers are
overflowed and very materially in
jured and deprecated in value.
Last June the board served notice
on the railroad companies to remove
the bridges SO that the dredge. which
is doing the work, could pass down
the stream.
Later. and in July. the board ap.
piled to and obtained from Judge
Burr. at Rugby. an alternative write
Of mandamus compelling the railroad
to remove the bridge without cost to
the board. or to show cause why II
had not SO done.
The railroad was entirely willing
to cooperate with the board to the
insisted that the expense thereof. as
we'll as the expense Of constructing a
new bridge to comply with the re-
quirements Of the board, should be
included as a part Of the costs Of the
drain. and that the railroad COM
panies were not bound to pay the
same; it's attorneys interposed an an
swer to this effect.
Settlers Interested.
;, The facts in the. matter are not
seriously disputed and yesterday John
H. Trimble. secretary. Geo. A. Bangs,
attorney. and T. r. Atkinson. engi-
neer of the board. met with the at
torney and engineers Of the railroad
at Fargo. and entered into a stipula-
ton covering practically all Of the
facts and leaving but n issue for
trial. and an effort will be made to
bring the matter on before Judge
Burr at Rugby. sometime during the
latter part OF this month.
The Importance Of the questions IN.
volved to the settlers upon and own
ers of land subject to overflow and
which require drainage can scarcely
be overestimated.. particularly with
the increase of railroad lines through.
out the state and tho determination
thereof settles who shall bear the
cost Of making the railroad tracks,
beds and bridges comply with the
conditions created by the
settlement OF the country. During
the earlier years. drainage was not Of
country settles. and the population
increases. the need for thorough and
drainage increases. II the
cost Of removing and reconstructing
the railroad and bridges were crossed
by the drainage bitches Is held to be
q part Of the cost of the drainage Of
the land. It will he seen that It at
becomes o very important fac.
tor. The hoard IL confident that such
cannot he the holding. and 1t is quite
probable that the case may have its
determination In the supreme
court Of the. United States.
John H. Trimhle Of Westhope ia n
the city today and, whom seen by a
reporter kindly consented to talk
briefly concerning tho great Mouse