Morris tribune., 1916-08-18

tr1Ct.
In the, Matter of the Petition of Harry
Strader and others whose names APP
pear below, for the consolidation of the
proceedings heretofore initiated and
now pending in the Counties ofTraverse
and Grant, Minnesota, for the establish
ment of Judicial Ditch No 5 of Trav-
erse and Grant Counties, Minnesota,
and of Judicial Ditch No. 3 of Grant and
Stevens Counties, Minnesota.
TO HONORABLE S. A. FLAHERTY,
JUDGE OF SAID COURT:
The undersigned, your petitioners, rep
resent, state and allege:
1. That on July 26th 1915, Harry Strader
and others petitioned said court for the
construction of Judicial Ditch No. in the
Counties of Traverse and Grant, MinnesO-
ia: that in pursu anCe of due proceedings
had in this court, preliminary hearin g
was had on said petition on January 5th
1916, and on that date an order of the court
was made appointing E. Y. Willard as
engineer in such proceedings. That there
after and on the 10Th day of Nav 1916 the
said engineer filed his report as such en-
gineer in the office of the clerk ofthis court
That by order of this court dated May 18th
1916 viewers have been, appointed and are
about to enter upon the performance OF
their duties as such. That the starting
point, route and terminus of said proposed
ditch No. 5, and the proceedings for the
establishment thereof are on file in the
office of the Clerk of the District Court at
Wheaton, said county and state. and ref
eT6nCe IS nefeDy ana may be had thereto
for greater certainty.
2. That on the Goth day of August, 1915.
W. T. Ziebarth and others petitioned the
District Court of Grant County, Mimi
esOta, for the esta bills hment of Judicial
Ditch No, 3 in the Counties of Giant and
Stevens, in the State of Minnesota. That
thereafter in pursuance of due proceed
ings had in said court preliminary hear
ing was had before Hon. S. A. Flaherty,
Judge of this court, 90 the 18th day of
Septem Der, 1915, and an order of the court
entered appointing J. E; Cole as engineer
said Cole entered upon the performance
of his duties, and on the 18th day of June,
1916, filed with the Clerk of the District
Court in andf Grant County, Minnesota
his report as such engineer. That by due
order of this court viewers were heretofore
appointed and are now abOnt to enter up
on the performance of their duties as such.
That for greater certainty reference is
hereby had to the said petition, report of
said engineer and the other proceedings,
all of which are on file in the office of the
Clerk of the District Court at Elbow Lake,
Grant County. Minnesota.
8. That in addition to the drama ge and
reclamation of wet and overflo we'd lands,
said Judicial Ditch No 5 is designed to
furnish an outlet for excessive quantities
of surface waters brought from various
sources into the so-called Five Mile and
Twelve Mile creeks in said County of
Mile creek in said Grant County. That as
shown by the reports of the engineers
aforesaid and the proceedings herein one
common outlet will be sufficient for each
of said bitches, and that in fact each
of said bitches mus have common out
let and the waters from said Judicial
Ditch No. must be brought into and
carried through said Judicial Ditch No.
and the outlet thereof.
4. Your petitioners further a11ege and
state that all of the proceedings for the
establishment of each of said bitches are
now pending in the District Court of the
Sixteenth Judicial District of Minnesota,
and that the cost of constructing such
common outlet for said bitches and each
thereof should be borne by all ofthe lands
that will be benefited 10y the construction
of said outlet, which will include all of
the lands, municipalities. and corpora
tionS that will be in any way benefited by
the construction of said bitches and all
portions thereof. and that in order to
equitable apportion the cost of the con-
Struction of such common outlet to all
of the lands to be bepefi as aforesaid,
it is necessary that TIE proceedings for
the establishment of said bitches be
merged and consolidated.
5. That your petitioners herewith pres
ent bond conditioned for the payment
of all expenses incurred herein in case
this petition shonld be denied.
Your petitioners therefore pray that an
order of this court be made merging and
consolidating the proceedings aforesaid
now pending in this court for the estab
Gshment of said Judicial ditch ) No. 5
and No. 3, and that an order be made fix