New Ulm review., 1922-03-22
COUNTY DITCH ESTABLISHED.
Judge Olsen Decides Adversely
On the Project of a Game Re-.
fuge at Rose Lake and the Ditch
Will Now be Constructed.

Last Wedne day Judge I. M. Olsen.
made his order denying the applica--
tion of the plaintiffs who sought to
enjoin the County Commissioners of
Brown County in laying out County
Ditch Number 49. This action was
brought by the State. Of Minnesota
through Carlos Avery, individually and
as State Game and Fish Commissioner
of the State OF Minnesota and John
Polta who sought to enjoin the County
Commissioners from draining Rose
Lake which forms part Of the drainage
project covered by County Ditch 49.
In his findings, Judge Olsen says
that County Ditch Number 49 is de-
signed to drain the wet lands and fur
nish outlet for the further drainage
Of a basin Of approximately $500 acres
Of agricultural land in Brown County
and that the soil is rich and suitable
for agriculture and that the construc-
tion. Of the Ditch will be of public
benefit
/ The Court also finds that Rose
Lake has an area of 149 acres and that
it is no longer Of sufficient depth to
be Of any use for fishing, boating or
water supply and that it is a feeding
ground for wild ducks and that wild
ducks are hunted and shot thereon in
fairly large numbers by many hunters
during the open season and that the
lake is also inhabited by numerous
muskrats and that such -muskrats are
trapped and caught therein every
season.
The Court is also Of the opinion that
because more than six months elapsed
before the starting Of these proceedings
that neither Of the plaintiffs can now
collaterally question the order laying
out said ditch. The Court further
finds that John Polta, one Of the plain
tiffs, is a resident and tax payer of
the city Of New Ulm and resides more
than ten miles from this lake and owns
no real property which would in any
way be affected by the ditch in ques-
tion; that Carl Avery, individually, has
no interest in the matter; and that the
State of Minnesota in its sovereign
capacity has an interest in meandered
lakes as trustee for the public Of its
rights in such wate,s S. ,s
The order establishing County Ditch
| Number 49 was made by the County
Bard Of Brown County August 80,
| 1920. Now that the Court has dis
missed the Injunction proceedings, there
seems to be nothing in the way Of
having the County Commissioners &C
ahead with the project.
Now that we have entered into ar
alliance with Japan, let Mexico at.
tack us if she dare! Il. ,s.5. u. Il.
I'll. r. Fay, who is now cashier of Z
bank at Belle Plaine and who at one
iSCllllc WotS dSSlSG11lC Ccoll1Cl 81 O1lC DlOWl
/ County Bank, has been selected as tht
new cashier Of the State Bank of Lam
A berton. He has already rented tn,
/ DR.. Wacher5 home and will remove tx
4 Lamberton with his family il the neal
future. .s 3sl
Wilhelmina Katz passed away al
the home Of her daughter Mrs. Joh1
Reardon Of Lamberton, NJ Monday
March s.. The deceased was at one
time resident Of the city Of New Uln
having lived here five years. She was
1born in Germany April % ], 18,41 and
licame to America with her family in
1865. From New Ulm the family re-
moved Is Renville and later to Okla
homa where key lived for four years.
Prior to coming to Ianbertons nine
years ago they had spent three years
lin North Dakota. Mrs. Katz is sur
| vived by Eve daughters and five sons
Funeral services were conducted al
] the German Lutheran Church Friday
i Z, :,