Morris tribune., 1916-08-11

ings had in said court preliminary hear
ing was had before Hon. S. A. Flaherty,
September, 1915, and an order of the court
entered appointing J. E. Cole as engineer
in such proceedings. That thereafter the
of his duties, and on the 18th day of June.
l9l6, h!ed with the Clerk of the District
Court in and for 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
Grant County. Minnesota.
8. That in addition to the drainage and
reclamation of wet and overf1Owed lands,
said Judicial Ditch No S 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
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.
A. Your petitioners further allege 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
thereof should be borne by all Ofthe lands
that will be benefited 10y the construction
of said outlet, w hiCh 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
equita BILE appOrtion the cost of the con-
struction of snCh common outlet to all
of the lands to be benefited as aforesaid,
It is necessary that the proceedings for
the establishment of said bitches be
merged and consolidated.
3. That your petitioners herewith pres
ent bond conditioned for the payment
of all expenses incurred herein in case
this petition shonld be deufed'
Your Petitioners therefore pray that al
order of this court be made merging and
consolidating the proceedings aforesaid
now pending in this court for the estab
lishment of said Judicial bitches No. 5
ing the time and place for the heari lg
upon this petition and ordering that all
proceedings now pending for the, con:
struCtiOn of each of said bitches be stayed
until the hearing and detertninatio6 of
this petition, and that upon such Consol.
1dat1on the proceedings for the establish
ment of said bitches be conducted as one
proceeding, and designated as proceed
ings for the establishment of Judicial
Ditch No. n the Counties of Traverse,
Grant and Stevens, Minnesota.
Dated June 30th. 1916.
Harry Strader Carl o. Saterbak
Ernst Witte Anton Kraieck
John Barnhoft George Hutter
W. L. Rittenour Carl Block
]. S. Gavett VIM. Lohse
Geo. H. Covart w. T. Ziebarth
0. w. Jones c. H. Phinney
Albert E. Johnson
Petitioners.
STATE OF MINNESOTA, COUNTY OF
TRAVERSE, IS.
Harry Strader, George H. Covart Albert
E. Johnson, Carl .. Saterbak and J. S.
GaYett, being sworn say that they are five
of the petitioners named in and who ex
eCuted the foregoing petition; that they
have read the said petition, and that the
same is true of their own knowledge, ex-
cept as to matters therein stated on in
forma ton and belief, and as to such
matters they believe it to be true.
Harry Strader
Geo. H, Covart
Albert E. Johnson
Carl 0. Saterbak
J. S. Gavett
Subscribed and sworn to before me
this goth day of June, 1915.
[Seall We. Anderson
Notary Public. Traverse County. MINI.
My Commission expires Oct. Is. 1920.