Saturday news. (Watertown, S.D.) 19??-19??, 1913-05-08
Disputed Land Set
Outside of Limits

Last week Judge Sherwood, OF the
circuit court, heard the arguments in
chambers court in the cast of proper
ty owners west of the city owning
farm lands who had petitioned to he
set outside the city limits.
The decision rendered by the court
gave but a partial victory to the pc
titioners and of the 1920 acres that
the petition asked to have set OUT
only 800 acres were set out by tn"
decree Of the court.
The petitioners were the following:
A. II. Cole, M. e. Henning, G.. fl.
Lester, John w. Martin, Laura A.
Jones, Maggie e. Shaw, L. A. Cove,
John w. Garter.
The petition was denied as to the
west half of section twenty-five and
a strip Of land two rods wide along
the water main running to Lake KAN
peska WaG also retained under the
control of the city. The effect of this
order will be that all the land set
: outside will no longer be taxed by the
city for municipal purposes although
it will be taxed for school purposes
as heretofore. The following is the
text Of the order issued by the court:
THE court in this case recognizes
the rule that our government is has
ed upon the principle that the great
est good to the greatest number
should be conserved; that the rights
Of the people as a whole should be
respected first, regardless of its effect
upon the individual who owns real
estate close to the city, and if a hard
ship must be borne by the few for the
benefit of the whole that that hard.
ship is unavoidable. 1t further rec
ognizes the fact that WATERFOWL Is q
growing city and nothing should be
done by the courts or by the people to
in any way impair or limit It's growth,
or restrict it's advancement and pros.
perity.
ut is the coming city of this part
of the state and its advancement will
be the advancement of the northeast
portion of the state as well as of the
state itself, particularly of this part.
1t also recognizes the fact that Lake
Kampeska is an asset to the city of
Watertown and is to be the play,
ground of the city, not only of the
city but Of this part of the state, That
ultimately a railroad must reach Lake
Kampeska from the city of Water,
town, and it desires to protect the
rights of this city, its waterworks and
any line of railway that might pass
between WATERFOWL and Lake KAN
peska and its control Of that territory.
And it also recognizes the fact that
land outside of section twenty-five is
receiving absolutely no benefit from
the city, from the municipal corpor-
alton and practically no benefit from
the school tax. The land within the
said limits of section twenty-five is
receiving an indirect benefit in the
rise of the land, and to do exact just
ice both to the city and these petition
ers, II possible, the order of the court
will be that the petition be granted
on all territory lyins west of the west
line of section twenty-five, save and
excepting a strip of land on eaeh side
OF the water pipe as now laid and
constructed to the west line of the
land sought to be taken out of the
city, one rod wide on each side of
the center of said water pipe, and
also reserving any right of franchise
that is already given by the city of
Watertown for railroad purposes.