Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1915-03-02


tesy of the Northwestern railroad
and the efforts of Manager Clark o
the Crooked Creek railroad, the dele
CATION will be taken to inspect thu
National Sewer Pipe factory, on
Especial coach loaned by the North
western, over the Crooked Greer
railroad. This occurred before the
session this afternoon.
The eleventh session of the drain
age association is conceded by those
who are in attendance to be the most
enthusiastic and the best affair OF
the kind in their history. Ten years
ago there were thirty present at the
state convention; the next year that
number was doubled and it has been
increasing ever since
This forenoon's session was open
ed with paper, "Problems OF the
Drainage Contractor" prepared by
H. B. Whitney of Des Moines, who
was unable to be present and the pa
per was read by the secretary of the
association, M. F. P. Coste'loe.
Legal Problems of Drainage De-
velopment in Iowa. wide topic,
was discussed with great ability by
T. P. Harrington of Algona, an at
torney who has wrestled with these
problems many times and who dis
cussed the subject with great thor
oughness. Boards of supervisors
should examine reports of engineers
not alone by looking over the plats
but by examining the written reports
which accompany the same.
The rights of contractors were
taken up---how far a contractors
rights extend, as to the matter OF
hauling tile over a farmers land,
and constructing drains through
mans land. The time for the con-
tractor to kick upon any arrange
ment is at the time he takes the con-
tract and not after. 1t is the con-
tractors ditch until he turns it over
to the board. A contractor has the
right to keep an open ditch for a
reasonable period. This is much
vexed problem for lawyers. Who is
liable when stock falls into an open
ditch? The recommendation of an
engineer is not the final acceptance
of the ditch--it is up to the board
of supervisors to accept this work.
In regard to the spreading of assess
ments, substantial justice is all that
can be hoped for. Such assessment
should be made with regard to the
amount of benefit derived by the
farmer assessed. The natural bene-
fits of his land should be taken into
consideration when assessments are
spread. In regard to the making Of
payments concerning which the law
now is that one third shall be paid
at the beginning, one third when the
ditch is half completed and the last
third when the ditch is completed,
Mr.. Harrington believes that no in
terest should be paid. He believes
that legislation intended it that
way. He also believes that the new
road law does not affect the distri-
button of taxes which have previous
ly been shared one-fourth and three
fourths by the township. Repair Of
bitches as they grow older, how to
be paid, and whether original ratio
will prevail or not, was discussed at
length. A board of supervisors
could revise this ratio if they so de-
sired. The matter of land owner
having the right to claim damages
when a ditch was not finished in the
time indicated by the contract has
never been proven by the courts.
Such a case has never been prose-
cuted. The pay of the county engin-
GERS, whether paid per diem or per
cent, or by the job, was also treated.
This is a matter which has receive
no legislation.
A very lively discussion followed
this speech. In this H. M. Wells
led with the question of damages;
who should pay for fences on both
sides of the ditch; who pays the
damages when a farmer has to con-
struct a crossing where he previous
ly could get along without any? In
the latter case, Mr.. Harrington felt
the farmer should be compensated.
An open sesame followed in which ].
M. Blake OF this city, Mr.. Meacham
of Clarion and several others took
part.
Here Edmund Perkins of Chicago
the founder of the National Drain
age Congress, was induced to make
a few remarks before leaving on the
noon train. He said that he had nev-
err listened to a more interesting o.
illuminating address than that b!
Mr.. Harrington. The drainage en-.