Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1922-07-26
COURT ORDER RE-
CONS0LIDATEDDITCH

Judge Grm5eland Dismisses Proceed
mgs rs to South Part Of Proiea
continuing the North Portion f~
Further Examination.
State Of Minnesota.
County Of Marshall-ss.
District Court,
l4th judicial District
IN the Matter of Consolidated IN
diclal Ditch No. 1 of Marshall
ana beltrami Counties, Minnesota.
LUIS matter having come regularly
oeiore the Court the Hon. Andrew
1iinoeland, Judge presiding, on notice
uuiy given at the Court House in the
lily OF Warren, Minnesota, on June
"a, IS21, June Is, 1921 and November
90, 1azl, and having been duly ad-
journed to July %, 1922, again comes
eeiore the court, the same Judge nre-
siuius, on SAID last mentioned dafe
1or iuftner consideration and it an
bearing to the Court that evidence on
me part OF the petitioners, DIRECTORS
ana otner parties interested was in
erouuced on June 14th, June 18th and
november 18th, 1921, and the Court
On july 10th, 1922, having refused tn
near any further evidence in this ditch
matter, at this time after due con-
slderatlon OF all the evidence records
| ahd MES, makes and files findings of
TACT and order as follows:
j. That this ditch proceedings is a
Consolidated Judicial Ditch Proceed
1ngs and consists of a Consolidation
OF judicial bitches Numbers 1O2 and
! 103 '.o
z That the engineer has filed his
report in this ditch matter and the
4 viewers have filed this report in this
/ ditto matter. - =
8. That in view Of the present fin
ancial stringency and the fact that a
large portion of the territory embraced
IN this drainage project is sparsely
settled and situate far from rail
road, and in view of the already heavy
taxation OF all that portion of the ter
rltory mentioned in the engineers and
viewers reports which lies south of
a straight line drawn east and west
which would intersect the section line
between sections 5 and s in the town
ship of Whiteford, Marshall County.
Minnesota, the market value of the
lands included therein viii not be in
: creased in the sum found by the view
efS as benefits i'll their report by the
| construction Of this ditch or any Dor
ton thereof, and the Court finds as
matter of fact from the evidence
and files in this proceeding that as
to that portion of this ditch proceed
ing proposed by the engineer which
Il lies south of said line herein mention
ed, the cost Of the construction there
of, including the damages awarded, is
greater than the benefits to be derived
therefrom. ~
:: 4. 1t is therefore ordered and adj
judged that all that portion Of the
{ territory involved in this ditch pro-
i ceeding which lies south of the line
e mentioned in paragraph 3 hereof be
: dismissed from these proceedings, and
t that such dismissal be final and COM
@ plete and it is the intention of this
: order that the same be final adj
e judication as to the territory mention
d ed in paragraph 3 hereof.
n 5. It is further ordered and adj
a judged that Judicial Ditch No. 1O2
: be dismissed and at an end.
g. 1t has been suggested that the
q Court refer back to all engineer and
/ viewers that portion OF the proposed
; ditch mentioned in paragraph here
|, Of for modified or different plan OF
l. draining said territory. This the
e Court denies for the reason that the
q Court finds that under existing condt
4 lions no proper drainage OF this terri
IS tory can be had without a sufflclen,
i outlet and it is the cost of the con
= strucfion Of such outlet that would, a
, this time, place too heavy burden upoi
Il the lands involved. without assistance
= from the State.
IS &. That as to the territory lyin:
d north of the line between said sections
S. 5 and s mention in paragraph 3 here
l. of the Court finds that Thief Lax
1t bottom is fit for agricultural purpose
Ell and is in need of drainage; that SOM
[e of the lands adjacent to SAID Inle
N Lake bottoms is in need OF dralna2
Ill and is fit for agricultural purposes
a. that the present ditch thru SAID Ihie
III Lake bottom is inadequate IN SIZE am
81 has become so filed up with dirt tina
e. a shonld be redug and enlarged. ina
ST tha Cont is in doubt as to Whelhe
tn Tho benefits to be derived from lh
Id construction Of the ditch proposed y
i'll inc north OF said line mentioned =
Sc paragraph 8 hereof would exceed "a
A. cost of the construction OF the same
ne ttb1t the Court is Of the opinion lha
w snrne method Of draining large PAL
rel If this territory can be found 81
astcost which would not exceed the pehe
fifs. and it is therefore ordered fna
OF this ditch matter insofar as It affec'
en- the territory lying norh OF the LIE
tt mentioned in paragraph hereof I
nd referred back to another engines
or with instructions to report to u
Mt Court such plan as such engineer ma
tot deem practicable, and that new 8
bel OF viewers be appointed to make
M viewers report upon such plan as sal
". lengineer may report; 1t being the !
tention OF this paragraph to cover tn
to- portion OF the territory and to 50 Z
az las possible follow the plan outline