The Mankato free press., 1923-12-28

was that no real concession was being
made. and referred to the decision OF
the Supreme Court in Judicial Ditch
No. 3 of this county, known as the
Jackson Lake ditch. He also thought
the report Of the engineer was incnm-
nlete and indefinite as to the condi-
ton OF this open work.
The contract was examined and Mr..
Laurisch read some parts OF II and the
notice Of sale was also exhibited.
A. p Johnson spoke as TO the route
Of the ditch in certain places. Il. A.
FrederiSIson, Mr.. Barr. Mr.. MacKen-
zie and others discussed the subject.
Several questions were asked of the
county auditor and commissioners as
10 how much had been paid TO Mr..
Barr. The figures Were given as re-
queSted.
On motion. the board adjourned at
12 NJ. until 1880 p. M.
The board resumed business at 1870
p. NJ. pursuant to adjournment.
A letter objecting to the acceptance
OF the contract or to a compromise
with E. D. Barr. stating certain
c. A. Fosnes, G. ]. Laurisch and Geo.
w. Champlin as attorneys for property
owners, was presented, read and filed.
G.. H. Mackenzie inquired as to
which property owners were repre-
sented by these attorneys. Mr.. Laur-
ton in regard to the ditch.
The profile was examined to see II
the bottom width was according to the
profile. The question was also raised
as to actual width of the BERN.
County surveyor L. w. Grace Of Sib-
ley County answered a question as to
the grade line OF the bottom of open
bitches, stating that allowance was US
ually made for filling up with sedi-
ment and caving earth.
Engineer Schwanenberg answered
many questions put by A. +. Elkins
and others as to tile outlets and other
matters.
The county board recessed to allow
Mr.. Barr and his attorney and the in
terested parties and their attorneys to
discuss the proposition with view to
settling the matter satisfactorily to
them.
At $50 P. NJ. the parties recalled
the commissioners and stated that they
had agreed upon a settlement and Mr..
Mackenzie briefly stated the terms
thereof, the same being as follows:
AGREEMENT
In the Matter Of County Ditch No.
56 of Blue Earth County, the engine
er now in charge of the construction
OF said ditch having certified that the
open work on said ditch has been COM
pleted and is ready for acceptance.
and the county board having met after
due notice to all interested parties as
required by law to determine whether
or not the said open\ work should be
accepted and whether the same had
been completed by Z. D. Barr the con-
tractor therefore in compliance with
the contract plans and specifications
and the orders of the engineer, and the
land owners affected by the construc-
ton of said ditch having appeared hy
their attorneys c. ]. Laurisch and c.
A. Fosnes. and large number Of
land owners also being present in per-
son. and said contractor. Z. D. Barr
also being present with his attorneys
Geo. A. & c. III. Mackenzie; and the
county board having heard all persons
and parties interested in respect to
the completion of said contract and ac-
ing from the evidence that a portion
of said ditch is at the present time
above grade due to the washing i'm OF
silt and other material; and in further
view of the fact that an error occur
red in the estimate of the previous en-.
gineer. in the advertised notice for
bids. and in the contract left for the
said construction. and the matter of
the reformation of said contract being
involved In q suit now pending in the
district court of Blue Earth County.
and an order of court in determinati ton
thereof for the purpose of correcting
said errors being necessary for the
benefit Of all parties. and the county
board being satisfied that the open
work of said ditch has been construct
ed and completed in accordance with
the contract. plans and specifications
and fs ready for acceptance with the
exception of that said portion above
grade as hereinbefore cited should be
reduced to grade.
Therefore 1t is agreed by the land
owners affected by the construction of
said ditch on the one hand and said
y rr nT1 hn 9th
l. That the county board make its
final acceptance of the open work on
said ditch.
2. That the engineer may issue his
final estimate showing said Barr en-
titled to compensation for excavation
$65.016.66.
J. That in the action for reforma-
ton of the contract brought by said
Barr in the district court of Blue Earth
County, said land owners consent that.
the parties to said action may stipulate
for and ask an order of court amend
ing said cantract in accordance with
the prayer of the complaint. III
-. fhat said Z. d. Barr leave in the
ditch fund OF said ditch the sum of
S2310:O0 being the amount determined
by the engineer to be the reasonable
value OF removing the earth and silt
necessary to bring the portion of said
ditch now above grade down to grade.
and spreading said material so re-
moved.
5. That the said e. d. Barr having
heretofore claimed an excess of 443943
yards over and above the stipulated
yardage above mentioned amounting
to claim OF $7,991.02 for extra work
occasioned by changes in route and
being put in deeper ground, said Barr
agrees to forego said claim and release
said county and ditch fund therefrom
and to accept in full payment the said
sum of $65.0l6.66. less the said sum of
$231o.00 to be left in said ditch fund
for cleaning out as mentioned in the
fourth paragraph hereof. '-s
b. That said sum of $2S1o.00 so left
in the ditch fund and deducted from
the payment to said Barr shall be used
for cleaning said ditch and bringing
the same down TO grade in case in the
year 1924 the flowage of waters In said
ditch should fail to remove the deposit
OF silt and material now above grade,
nut IN case of such removal in that
manner. then such sum shall remain
in said ditch fund operating in effect
to reduce the assessments of the land
owners for and on account of the con-
struction OF said ditch. .. 4
In witness whereof the attorneys for
said land owners and the attorneys
for said Barr have hereunto, set their
hands in behalf of the respective par
ties hereto. and the county of Blue
Earth by Its county, attorney has ac-
quiesc6d herein this eighth day OF No.
vember. 1923. - =.
c. J. LAURISCH. III nv ral
For the Land Owners.
Geo. 4. & G. H. Mackenz e.
F. L. MORSE, 1855 ''' - ~ =