Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-06-21
L|ND[ STARTS
BIC SUIT AGAINST
MINNESOTA
Ask More Than Million in Dam.
ages Due to the
Floods
ALLEGES BORDER STATE
RUINED MANY ACRES
Rich Agricultural Land Over.
flowed by Drainage
Ditch

has commenced an original action III
the Supreme Court Of the United
States in the name OF the State OF
North Dakota against the State OF
Minnesota" to enjoin the latter state
against an unlawful and damaging
trespass upon the domain of the state
of North Dakota and the property Of
its citizens of over one million dollars
in value. ga. 81. -.. E.
Over 10000 acres of valuable, fertile
and productive land located in Rich
land county, North Dakota, which has
hecn settled upon and improved by
citizens of North Dakota for period
of upwards of 80 years, comprising
more than so farms with improve
ments of over quarter of a million
doAars in value, have been inundated
and covered with overflow water by
reason Of a certain ditch constructed
by the state OF Minnesota SO as to
utterly destroy their use for agricul-
tural purposes.
No Overflow Normally S.
Lake Traverse. and the. Bois de Sioux
river are located upon the boundary,
between the two states. These bodies
Of water form the natural outlet for
surface and other waters OF a large
area OF land in Minnesota. Under
natural and normal conditions existing
for period Of many years there was
no overflow upon North Dakota land.
Owing to the natural conformation OF
the Minnesota area a large portion
thereof was annually covered with
water due to the overflow from the
lake and river. - ..-
/ Two shallow rivers, the Mustinka
and Rabbit formed the main channels
for drainage of the Minnesota lands
into Lake Traverse and the Bois de
Sioux. Because of the comparatively
level formation of the prairie through
which these rivers flowed drainage of
the watershed was slow and gradual
and the volume OF water reaching
Lake Traverse was never such as to
cause anything other than a tempOr-
ary overflow upon the North Dakota
lands.
Construct Ditch.
In 1911 the legislature Of Minnesota
enacted law authorizing the State
Drainage commission to construct an
artificial outlet for these waters. I'm
der the act ditch was constructed
known as the Mustinka State Ditch.
After the construction of this ditch
the waters of the Minnesota area were
gathered by system OF artificial
arms and channels into the state ditch
and were carried so rapidly and in
such volume into Lake Traverse and
the Bois de Sioux river as to overflow
their banks and completely and per-
manently cover over 10000 acres of
North Dakota land. Thus Minnesota,
by it's artificial constructions, has
transferred the natural overflow of it's
own waters to the lands and proper
ties of North Dakota citizens. The
result of this disturbance of natural
and customary conditions is that many
public improvements upon such land
have been utterly destroyed and the
property Of North Dakota citizens
ruined.
To Recover Damages.
"The action brought is in the nature
Of bill in equity" says Attorney
General Linde, Ito restrain the State
Of Minnesota from the doing of such
acts; to declare them to be unlawful;
to abate and discontinue the same
and for the recovery of damages for
the destruction of public property and
the injury to private citizens of North
Dakota.
AS the parties to the action pri-
marily are states of the union, the
Supreme Court of the United States
is the only tribunal which has juris-
diction. The action is 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 has
been invoked.
Loss Of Over 81 100000
"The damage to North Dakota lands
exceeds one million dollars. The loss
of crops in the year 1915 alone ex-
ceeds $3.50, 100000 The inability to use
the lands during the year 1916 caused
a loss of over 100000. Unless the
State of Minnesota is enjoined, the
yearly loss will be over $1OO, 900, and
the lands of North Dakota citizens
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