The Redwood gazette., 1939-07-20
Final Hearing
Ditch No. 1O9
JULY II G. IL, 1889
REDWOOD COUNTY, MINI

In the Matter of the Petition of
Niels Schou and Others for Publlc
Ditch known as Ditch Number 1O9:
Pursuant to published notice of
final hearing and mailed notice of
such final hearing to all persons in
terested in County Ditch Number 10Y,
Redwood County, Minnesota, the final
hearing began on July II, 1889, at ten
Board of County Commissioners were
present, w. r. Werring, Attorney, re-
presenting the petitioners OF SAID
ditch, George A. Barnes, Attorney,
representing the said Board of County
Commissioners, and special counselor,
and Herbert Aufderheide, j. X.
Arends and Rud Stensvad, the three
viewers of said ditch, were present.
Chairman Herman Muetzel called
the meeting to order, declared
quorum to be present and directed the
Board of County Commissioners to
proceed with the hearing.
Il. H. Anthony, Engineer for SAID
County Ditch Number lO9, was duly
sworn and testified as to the En-
gineer's report and feasibility of said
ditch and that it was for a public
benefit to construct said ditch and the
benefits of said ditch exceeded the
costs thereof.
Herbert Aufderheide, one of said
viewers, was sworn, the Viewers Re-
port identified and offered in evid-
ence as Exhibit |.
George A. Barnes, special counselor
and attorney for said Board of Coun-
ty Commissioners, called the names
of persons interested in said ditch and
ity ito be heard.
The hearing continued through July
11th and 18th and then recessed and
at five o'clock p. m., j. +. Kragh
made the following mOtion: Moved
that the final hearing of Ditch Num-
ber 109 be recessed until one O'Clock
D. m. Monday July IL, 1889. Said
motion was duly seconded and car
ried.
At one o'clock p m., Monday July
H. 1889, the Board of County Com
hissioners convened to take up the
matter of Ditch Number 109, having
recessed said hearing from the 18th
day of July, 1899. All County Com
missioners We're present, as well as
the three Viewers, and w. r.. Wer-
ring, Attorney for said petitioners,
and the Engineer for said ditch.
ORDER ESTABLISHING
COUNTY DITCH NO. 1o9
State of Minnesota, County of Red
In the Matter of the Petition of
Niels Schou and Others, for County
Ditch No. 100, in the County of Red
| wood. State of Minnesota.
The above entitled matter came on
duly to be heard by and before the
! County Board of Redwood, State of
Minnesota, at special meeting of
said Board duly called for the pur-
| pose of hearing and considering the
| petition and of the Engineers and
| viewers report thereon for said ditch
| in the above entitled matter, on the
| 11th and 18th day of July, A. ID. 1889,
| at ten clock D. m. and duly recessed
| to the 18th day of July, 1889, at 1:Ot
| o'clock p. M, and it appearing by
proper evidence that due notice had
4 hnnn 0i tho nnn6pnnV Of S1iC
| petition and of said time of hearing
| thereon and that F. II. Anthony, the
| Civil Engineer appointed by this
| Board to survey the route of SAID
duly filed his report thereon in tht
| office of the County Auditor of SAID
! County.
And that the Viewers appointed by
said Board to view the report upor
| said work have duly completed theil
labors and made and filed their re-
| port in due form of law in the office
| of said County Auditor, the sai(
Board did, at the time above speci-
! fled, proceed to hear said petition
| ports thereon: and said Board hav.
| ing duly considered said petition and
! heard all parties interested for ol
| against the construction of saiC
| ditch and all other matters pertain
| ing thereto, find as follows, to-wit:
| FIRST: That the said Civil Engin-
| eer has completed his work and made
and filed his report thereon in all re-
! spects according to law.
| SECOND: That the viewers appoint.
| ed herein have duly completed Their
| labors and have made and filed theil
report thereon according to law.
| THIRD: That the estimated bene-
] fits to be derived from the construc-
| tion of said work are greater thar
its total cost, including damage:
| awarded.
| FOURTH: That the damages and
benefits arising from the construction
| of said ditch have been duly awarded
| and assessed, and that said work viii
be of public utility and promote the
| public health and that said reports Of
! said Engineer and Viewers are com
| plete, just and correct.
| FIFTH: That notice of this hear
| ing of said hearing of said petition
| and of said Viewers report and said
| Engineers report has been duly
| given, published and posted and mail
| ed as by law required. and thai
| proofs of said service of said notice
have been duly made and filed in the
| office of the County Auditor of SAID
| County, and that all other proceed.
| ings in the matter have beef made
| and taken in accordance with the
| provisions of law.
| NOW, THEREFORE,, as conclus.
! ions from the foregoing findings. we
the County Board Of the County Of