The Celina Democrat. (Celina, O. [Ohio]) 1895-1921, 1915-11-12
HIGH
Court SuStainS Decision EX-
Probate Judge DugaR
And Darke County Must Pay Its
Portion on Ditch Work and
Cost OF Litigation.

A Columbus special OF the 9th TO IN
Cincinnati Enquirer apprlsed residents q
this county OF an important ruling OF IN
Supreme Court OF the State. which wi
net the County Treasury over $4,000 an
at the same time cost tho Treasury o
Darke County that amount IN judgmen
and over $500 more In costs. The dis
patch reads:
In a decision Affirming the decree
OF the Mercer County Court Of APP
peals the Supreme Court held that af-
ter having agreed to arbitration In
joint county ditch matter 1t was not
proper TO raise the question of the
constitutionality Of the law under
which the Improvement was made.
In the abs:ence OF cullusion. fraud.
irregularity or misconduct. the Court
says. the act OF the Joint Board OF
Awards must stand. The suit was Of
the Board OF County Commissioners
OF Mercer County against the Board
OF County Commissioners OF Darke
County for $12.20S.SO. The Mercer
County Common Pleas Court at
tempt TO hold the law to be unconsd-
tutional, but It's decision was reyers-
ed"
We give below brief review of the
case, which had It's beginning In Probate
Judge Dugan's court In this county in
1911:
On November 10, 1910 j. IL. Leugers
filed a petition with the local board OF
commissioners for the Improvement of a
ditch in Granville and Recovery town
ships, in the south part of the county.
Ia. lob,
came known as the Bair Branch and
Vandenbosch ditch improvements. The
proposed improvements entered into the
Wabash and the matter was generally re-
ferred to as the Wabash ditch improve
ment. The Commissioners found in fav
or of the improvement on December 13
and the contract for the work was later
on let to Chapman Bros. for the sum Of
S25, 900
The ditch was the outlet for the drain
age of a number of acres Of land across
the county line in Darke which was the
beginning Of the suit which ended in the
Supreme Court last Tuesday.
Owing to the fact that Darke county
land drained into the ditch the local
board of commissioners called a meeting
with the Darke county board on March
5, 1911, to determine how much should be
paid by Darke county to Mercer county
for the use, benefit and burden OF such
outlet.
The Joint boards held several meetings
but were unable to agree upon an
amount. The matter was then taken to
court by a petition filed before Ex-Pro-
bate Judge p. +. Dugan, praying for the
appointment of disinterested freehold
ers by the probate courts of the respect
i've counties, to estimate the amount to
be paid by Darke county.
The petition of the Mercer county board
alleged that the proposed ditch would
drain about 1886 acres Of land in this
county and about 21 900 acres in Darke
county. Judge Dugan appointed Frank
Bailey, of Auglaize County, and William
of Van Vert County, while
the Darke County Court appointed A. j.
Hamilton, of Preble ounty and Jacob
of Miami county, as the ar
bitrators to fix the amount in dispute.
The committee found that the ditch
drained 1921 acres of Darke county land,
and 1852 acres of Mercer county land,
and assessed the amount to be paid Mer-
Ger County at $12,20S.80.
Darke county objected to the assess
ment and filed motion to set it aside.
raising the question that the probate
court had no jurisdiction. Judge Dugan
1verruled the motion, and the Darke
board took the case to the Com
non Pleas Court. Here Judge Layton in
May, 1913, reversed the judgment of the
Probate Court, holding that the act of
he General Assembly governing the mat
re was unconstitutional The local
Commissioners, through the advice of
heir counsel, Prosecuting Attorney John
J. Romer, and his assistants, Attorneys
d. Johnson and j. w. Loree, then car
led the case to the Court Of Appeals.
This tribunal in September. 1914, found
error in the decision of Common Pleas
Judge Layton, found no error in the rec
)rds of Probate Judge Dugan and order
ID that the judgment Of the probate court
De approved.
The Darke county board at once carried
he case to the Supreme court, with the
'esult that the highest tribunal sustains
Probate Judge Dugan and places an OBJ
igation of $12, 2,208S0 upon Darke county,
besides the costs which have accumula-
ed in the different courts, and which will
mount to over $780,