The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-12-20
COMPANY MUST
REMOVE BRIDGE
Judge Burr Holds that Right
of Way is Subject to
Drainage Rights.
DECISION IS OF
GREAT IMPORTANCE
Affects Drain Work I'm aU Parts os tn.
state-Railroad Contended That tn.
Cost of Work had to be Borne bv
Promoters of the Work.

MaLroad companies in the con.
Ssructlon % Of bridges across natural
waterways are subject to the drain
clslon by Judge A. G. Burr involvinr
tne IN removal of the 500 bridge across
the Mouse river to permit the passare
VI tne nuge drainage machinery being
.sMpioyed IN the deepening and widen
Ing Of the channel Of that river.
GIoered by the drainage board of
remove remove its bridge over the river to
permit the passage Of the drainage
machinery. the railroad company re-
auseu 70 90 so, contending that the
WORK would have to be done at the
expense Of the drainage boards. The
iatter resisted this view and brought
proceedings in the district court Of
Bottineau county where they have
just secured from Judge Burr a fay-
oraole ruling under which the rail-
road company must do the work. The
case probably will be appealed. The
decision also affects the Great North
ern, which maintains a bridge over
the river.
Declared Board Had Power.
1t was contended by the drainage
commissioners in their action against
the railroad company that the con-
struction of the bridge over the
stream was under right of way fran
cnlse granted by the state, and that
such right of way was granted subject
to drainager lights Of the common-
wealth. 'o1'-
That the construction of the bridge
acted as an artificial barrier to the
now OF the river. particularly in the
spring months when ice would be
piled against the pilings and would
result in spreading the water over a
great acreage. was also contended.
and in both of these contentious Judge
Burr held with them.
1t was also contended that the 500
bridge could be removed Saturday
night after the last train passes, and
and dredging under the bridge, to-
gether with the work Of rebuilding the
bridge. could be done between tina.
time and Monday morning when the
next train is due over the line. Thus
1t was pointed out that no train serv-
ice would be interrupted. and Judge
Burr so declared his decision.
The cost of doing the work by the
500 company will be about s1.5O0. and
1t was this cost that the railroad COM
pany sought to place on the drain
board. The decision is important be-
cause 1t affects each drainage project
started in the state that may cross a
rainroad track.
Conclusions by Judge Burr.
The conclusions OF law laid down
by Judge Burr follow:
That the right of way Of the de-
fendant. the Minneapolis. St. Paul and
Sault Ste Marie Railway company.
across across the river. was acquired by it
subject to the natural right Of drain
age thereafter and now existed. and
that its said bridge and trestle and
piles and ttmbers supporting the same
We're by 1t erected, constructed and
Installed subject thereto. and subject
to the condition that 1t must place.
keep and maintain the same in such
pair or diminish the usefulness of
said stream and the channel thereof
for drainage purposes and not to in
terfere with the free use thereof for
such purpose. and that it is the duty
Of the said defendant to make such
and trestle as may be necessary to
cary the same across the said stream,
without diminishing the value Of the
same for drainage purposes and in
accordance with the rule and COM
mand of the relator and to permit
widening Of the channel Of said stream
in accordance with the plans and
specifications adopted by the REALTORS
as herein set forth"
That the REALTORS are entitled to
the mandate Of this court command
ing ana recurring the respondent to
remove at its own expense the 100
feet of its trestle and bridge and the
piles and timbers supporting the
same, which removal is necessary to
permit the passing down the stream
of the dredge and boats set forth in
the finding of fact and to perform the
work of deepening. Strengthening and
widening the channel of said stream
across the right Of way"
Attorney Geo. A. Bangs appeared
for the board Of drain commissioners.