The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-08-17
FILED ORDER IN
swan LAKE CASE
Petition To Drain Out the
Water Is Denied
OVER LARGE AREA
Best Wild Duck Breeding
Grounds In The
Northwest

Judge A. B. Gilason OF the district
court OF NicoIet county, yesterday
lied a formal order In the Swan
Lake c~se denying the petition Tor
the lowering CT draining Of that
body o. water.
Swan Lake contains $4,000 acres
OF the best wlld duck breeding
grounds in the northwest. in filing
petitioners for the drainage and
Low ering o! the lake, Judge Gilason
said, that swan lake Is q meander-
ed body OF water, and is not subject
TO drainage Within the meaning Oh
the statute. II the lake were re-
duced, the alleged obnoxious CON
ditionS would be aggravated instead
Of abated, and that all public uses
of the lake would be lost.
The order as filed by Judge ella
son is as follows:
State of Minnesota, County of
Nicollet. In District Court. In re:
County Ditch No. 81 OF Nicollet
County, Minnesota. J. A. Jensen.
appellant, VS. County board OF Nj
collet County, ct al, respondents, or
der.
The above emitted matter came
duly on for trial before this Court,
without a jury, at st. Peter, Mime
sofa, on July 18th, 1928. Somsen'
Dempsey & Flor Esquires appear
ing as attorneys for the Appellant
and Geo. T. Olsen, ]. w. Schmitt &
H. w. Volk. Henry N. Benson and
NJ. q. Stone, appearing at attorneys
for the Respondents.
Several OF the Respondents ap-
reared specially and objected to the
jurisdiction OF the Court on the
ground that the Board OF County
Comm: ssioners and therefore, this
Court, had no Jurisdiction to hear
the petition and the proceedings.
The objection was n-ade upon the
petition and ali the records and hles
In said proceedings.
Now, alter due consideration OF
the petition, record ana niles IN said
proceedings, and the arguments OF
counsel, the Court finds that at the
time the proceedings were lnstl!u
ted there was no law authorizing
the drainage or lowering OF tAe lake
contemplated or prayed lof ~ s--4--
That section 1923 of the General
St--s.e OF ID vas amended BY
Section l OF Chapter 500 OF the
las o. 1915. That said 1915 law
was n force when the petition here
In Was fled and that after the ming
of said petition, Chapter AL OF the
laws of 1917 was enacted Ihat
while if uisnt he urged that II tie
1917 law we're applicable in this
DroceeGiog IS, that the County Board
XTould haze had Jurisdiction herein,
still it appears to be well settled in
this STATE mat statute endGSSI
during the tendency OF pToceedln
will rot te given a retrospective g. :
feet where substantive riSnts o.
parties aTs involved.
That drai2age proceedings In TINS
state are purely statutory and their
validity depends upon a strict com
piiauce with the statutes and the
netition is a jurisdictionai prere-
uuisite and must be predicsted upon
a statute authorizing the proceed :
ings contemplated and when there
60 no such statute in effect when
the proceedings are instituted, nc
Jurisdiction is acquired or CONFER :
That while It may be urged that
the petition hete.-. L.2y ING TOT Tue
ordinary construction OF a drainage
ditch. conferred jurisdiction, II aP-
pears that the purpose or the pro,
ceedinss Is to lower swan Lake anu
control flood waters therein ano
that Chapter 800 Of the law OF 1917
does not authorize the proceedings
nuroosed In said petition.
That It further appears that tne
petitiop. on its face. shows that sa1o
drainage project contemplates tne
material lowering Of meandereo
lake: that this Is lake wh1ch IL
NOT subject to drainage within tne
meaning of the statute and that L
the depth of the lake win be mater
iaIIy reduced, the alleged abnoxiouf
conditions aggravated and that a.
substantiaI public uses OF the iake
vii be lost; that the lake VIII DC
destroyed and probably nuisance
n Ia. therefore, ordered that the
.ajd petition be and the same mere.
nv are sustained, and the petltior
and drainage proceedings thereun
der be dismissed. .
Let Judgment be entered ac
eordingly. A. B. Giiason, D1stric
Judge.