The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-05-15
MCKEE DRAIN
CASE SETTLED
Jury Brings in Verdict, After Ia
king Evidence Two Days.
in Five Hours
JUDGE COMPLIMENTS FOR
SPEED AND EFFICIENCY
Majority of Assessments of 476
Defendants Fixed Without Con-
test, Few Settled by Jury in
Making Their Award

The case of Mckee drainage district
No. 10, involving 476 defendants, and
construction of drainage bitches which
will cost $4,000 10 $4,000 and bene-
tit 4.o17 acres, was settled last night
at 1880 when the jury reported 10
Judge Grady after being out five
hours. One damage claim, and seven
benetit assessments We're adjusted by
the jury
All other damages and assessments
that were questioned after the report
Of the commissioners we're settled by
conference of attorneys representing
the parties involved.
SO unusual was the case, and the
iury's verdict SO prompt, that Judge
Grady in discussing them complainant
ed them on their work.
1T is question:" said the iudge.
whether a case of this sort should
not be given to a body of experts in
stead of TO a jury, as the law passe,,
by the legislature provides. When the
case was submitted TO you l wondered
how you would arrive at a solution of
the problems. You are to be compli-
mented highly for the close attention
you have given the case. the business
like way in which you went at 1t, ana
the promptness with which you ar
rived at conclusion, AS far as ] can
see, your verdict Is fair to all parties,
and | think will be satisfactory"
Attorney Floyd Hatfield. represent
ing the drainage district, and the only
one of the attorneys present at the
bringing in the of the verdict, also
asked permission to speak to the jury,
and told them that with the exception
of one case he considered their verdict
emnenty fair.
Two Days for Evidence
Two days were required to introduce
all of the evidence in the case Wal
ter w. Weir, drainage expert for the
department of agriculture. who has
spent more than year In preparing
plans for the drainage district, and ad-
justing benefits and damages for as
lsessments, appeared as an expert wit
ness.
Attorneys Luhman a. Clark, and
Floyd Hatfield represented the drain
age district; Deputy Prosecutor Oscar
Schumann tho county; Englehart IL
Rigg, the North Yakima & Valley
Railroad: j. o. Gull, the Central
Washington Investment g. Power COM
pan; Parker a. Richards and Snively IL
Bounds defendants In the case who
objected to the assessments or dam
ages
or the 467 defendant owners whose
lands are affected by the proposed
drainage bitches. all of the estimates
previously fixed by the commissioners.
later altered by conference of attor-
neys, were accepted excepting those
reported on by the jury. ellis Glide
was awarded damages amounting TO
$349.50, having .S2 acres cut off. The
valuation of his hnd was arrived at
by deduction from the benefits assess
ed, no evidence having been intro
duced on his case. Verde A. Erwin
was awarded damages of $500.
Elizabeth CarmichaePs assessment
was reduced from $41.S5 an acre to
$50. Her tract includes 10 acres.
Emma Kay Barr. assessed at $19.2S.
asked that her assessment be reduced
to nothing. 1t was fixed at 1915 an
acre. The assessment of Magnus Hill
strom was reduced from $3.50 an
acre to $4,000. Fred T. Kuhn. assessed
at 1915 an acre. asked that his assess.
ment be cut out altogether, but this
Jury left it at the original flgure. VIM
Belaire asked reduction from SASS 10
$375; the jury reduced to SIC an
acre. The assessment of the Selah.
Mckee Canal company was fixed al
IS29.90 an acre.