Grand Forks daily herald., 1916-06-20
News Of North Dakota

kota, which has been settled upon
and improved by citiSons of North
Dakota for a period of upwards Of
thirty years, comprising more than
eighty farms with improvements Of
over . quarter Of million dollars in
cred with overflow water by reason
of certain ditch constructed by the
state Of Minnesota so as to utterly
destroy their use for agricultural pur-
poses
Lake Traverse and the Bois dc
Sioux river are located upon tho
boundary between the two states.
tural outlet for surface and other
waters Of a large area Of land In
Minnesota. Under natural and noF-
NAL conditions existing for q period
of many years there was no overflow
upon North Dakota land. Owing to
the natural conformation OF the Min
nesota area . iergs portion thereof
to the overflow from the lake and
river.
Two shallow rivers, the .Must3nka
and Rabbit. formed the main chan
nels for drainage Of tho Minnesota
lands into Lake Traverse and, the
Bots dc Sioux. Because Of the com
parativeiy level formation Of. the
"a ostAS IAATOu6u IN660 I1Y0%6
flowed drainage Of the watershed va
slow and gradual and the volume OF
water reaching Lake Traverse waa
never such as to cause anything other
than q temporary overflow upon the
North Dakota lands.
In 1911 the Legislature Of Minne-
sofa enacted law authorizing the
state drainage commission 70 CON-
waterA Under the act Z ditch was
constructed known a. the Mustinka
state ditch. After the construction
of this ditch the waters Of the MIN
nesota area were gathered by q sys-
tenn Of artificial arms and channels
into the state ditch. and were carried
so rapidly and in such volume into
Lake Traverse and the Bots Dc siou.
completely and permanently cover
over 1900 acres Of North Dakota
land. Thus Minnesota, by it, artificial
constructions. has transferred the ma
tural overflow Of its own waters to
the lands and properties Of North
Dakota citizens. The result Of this
disturbance of natural and customary
provements upon such land have been
utterly destroyed and the property OF
North Dakota citizens ruined.
The action brought by Attorney
General Linde 10 in the nature Of a
bill In equity to restrain the state
of Minnesota from. the doing Of such
acts: to declare them to be unlawful;
and for the recovery Of damages for
the destruction OF public property
and the injury to private citisens Of
North Dakota.
AS the parties to the action pri-
narily are states Of the union, the
supreme court Of the United states Il
the only tribunal which has turisdic.
ton. Tho action is a most unusual
one. there being but few instances
In the history Of this country IN which
the original Jurisdiction Of the su.
preme court Of the United states haa
been invoked.
The damage to North Dakota lands
exceeds 100000. The loss Of crops
in the year 1918 alone exceeds $156.-
600 The inability to use the land.
over 800, 900. Unless the state OF
Minnesota is enjoined.- the yearly loss
will be over 100000. ana the lands
Of North Dakota cittsens viii be rom
dered absolutely worthless.
In addition to the above. the stag
nant waters 30 gathered within and
upon North Dakota territory N q con-
slant and continuous menace to the
vicinity.
If Attorney General LAnde is sue
cessful in his efforts, the North Da-
kota lands will be restored to their
owners, and they will be fully COM
pensated for all injury suffered.
This IL undoubtedly tho most i'm
portant matter in which the ofiice of
the attorney general Of North Da-
kota has ever been engaged. and has
involved an immense amount Of en-
preparation.
Ex-Governor John Lind and M. H
Boutelle Of Minneapolis, two Of the
foremost lawyers Of the country, are
associated with Attorney General
Idnde in the prosecution Of this ac-
ton.