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COMMISSION JS CHOSENMessrs. Lewis, Bennett and Eng* lisk Will Assess Benefits and Damages,/ In the matter of the YorkviHe and Raymond Drainage district, decided in the circuit court: Saturday, by Judge Bel-den, in favor of the petitioners, Judge Beldcn has appointed as commissi oners, to assess benefits and damages that may accrue from the opening of the ditch or canal, William E. Lewis, James G-. Bennett and William English.It is well known tu the readers of the local' papers that the canal proposed runs through the towns of Yorkvillo and Raymond, a distance of probably nine miles, will redeem 4,000 acres of land and cost 420,000. Possibly in the neighborhood of 100 farmers are interested.The decision of Judge Belden ja of great interest to the farmers of Badrie couraty.JUDGE EELDEX'8 DECISION.The petitioners here in state that it is the purpose of these proceedings to establish a drainage district in the towns of Yorkvilk? and Raymond; that the purpose of such drainage district is to construe!. deepen, widen, maintain and. keep in repair a drainage ditch or canal through said towns; that the object of said proposed work is the promotion of the public health and welfare and the drainage and reclamation of the nutrsh ar_d overflowed lands within said district.Before the court may appoint com* Jniflsioners to lay out and construct the proposed work, it is necessary timt the court lie satisfied, and find, in addition ! to its jurisdiction to entertain the matter and ft ho regularity of the petition as hv statute required, which matters have in Mi is case already been affirmatively piiHsed upon by the court, that the proposed dm in is necessary, or will bo use* fill for the drainage of the lands to be drained thereby, and I but the public health or welfare will bo promoted by the lt;*im struct ion thereof.Statutes of the character of the one j under winch these proceedings are instituted, are enacted nod designed to carry out and put into dice live operation the police powers inherent in the state to make such laws ond regulations as the legislature shall judge to be tor the gen oral good of the commonwealth and its subjects. It is well settled that laws and regulations of this character, though they may in some instances disturb or be detrimental to individual rights and interests nml may enhance certain other individual interests, are valid and constitutional. They do not appropriate property for public use, but simply regulate its use and enjoyment by the owner.The proposed drainage district extends for » distance of some nine miles, and-in the general course of the south branch of Boot river. Tin* evidence before the court is undisputed that I ho greater portion of tlie Id;ids embraced within the proposed district are low and swampy, and that much water stands stagnant thereon, covered with scum, and filled wlfli decaying vegetable matter to the on tent that it gives off notoriously obnoxious odors. It is also undisputed and, indeed, need not bo proven Unit conditions such as these are prolific mosquito breeders, and that mosquitoes are now recognized as diligent conveyers and distributers of disease germs. It is well recognized, now-a-days, that conditions such us are shown in this ease to exist, arc inimical to public health. That specific instances of illness may not be shown in the particular case tm have been traced to the locality in question, docs not at nil mitigate against (ho now ecn'imnnly recognized principle: that such conditions are unsanitary, unwholesome/ and unhoalthfnl. The scientific and popular recognition of the evils likely to arise from such rmulilinns is well substantiated by the Supremo. C of the United States in Leovey vs United Stales 178 U. S.. 71)7, wherein the Court any?: “We think that the trial court might well take judicial notice that the public health is deeply concerned in the reclamation of swamp and overflowed lands. If there is any fact which may be supposed to be known by everybodyand therefore by courte, It i« that swamps and stagnant waters- are the on use of malarial and uia Jig riant fevers, and that the police power is never more legitimately exorcised tlinn in removing such nuisances.” As before said, that it has not been shown in the instant case that cases of illness have been traced directly to the conditions in quest icm. docs not at nil alter the fact, now so thoroughly recognized ami accepted, that such conditions arc unwholesome, un-ImnHhful and obnoxious, and subject to cent rid :md regulation by the r,late through the ex ere iso of its police power. Aside from the general public wdthve before suggested, it is shown in the case that the public highways will bo improved and bem-titied by the proposed drainage.It has been held by numerous courts of lnsfc resort, including the Pup wane Court of the United States, final' the reclamation of wet iuid over flow ad lands and the drainage of marches miuI ponds is of public utility, aiul is conducive to public health, welfare and convenience. This U an well recognized that it is hardly longer a subject for a specific proof.It is undoubtedly true in this case.•ias it is in most drainage capes, that some private.interests will be enhanced, and tJin-t some lands- within or ooiitinjywuw to the proposed drainage district will be in ml a more valuable hr the propospd improvement. The fact, however, that some -hidividual may receive private benefit through the proposed miDroveimmt. does not mitigate against or deprive the proi posed purpoftc of the proceeding must be accepted to be the public welfare, and that individual or private interests may be refitiltautly benefited mufit be regarded u« incidental. It i? the undoubted law that when the public interest conflicts with those of the individual, the Utter must yield.It is the law, also, thn,t whatever work of this character improves conditions and enhances land values ami tux rates, or makes living the locality more desirable, pleasant, or healthful Jot the public in general, is for the public welfare.The court must find, upon the evidence before it, that the proposed drain and work is of a public character, that it will be useful for the drainage of the lands proposed to be drained thereby, and that the public health and welfare will be promoted by the construction thereof.Commissioners will be appointed to lay out and construct the proposed work.Dated December 1905,E. R. Beldea, Circuit Judge.SERVICE IS MAIN POINTCortelyon not so Much Concerned Over Postoffice Deficit.Parcel Post System Feasible—Rural Free Delivery Service to be Further Extended.Postmaster General Cortelyou has made public liis annual report:Mr. Cortelyou says^that while u self-sustaining condition of the postoilice department would be gratifying he is less concerned about tlie deficit than the efficiency of the present adminislmtion. Tor the fiscal year 1905, the total receipts from all sources were $152,8215,58*5, and total expenditures $167,181,595, leaving a ! deficit of $14,572,584. He directs attention to the increased amount of free matter handled, which -averaged 22,58 per cent of the entire weight carried, or a loss- in revenue of $19,822,000.Discussing appointments of postmasters, the postmaster general says that under instructions recently issued, a careful rating, based oil inspectors* reports, 13 given each post office, and that tliis rating carries weight in determining the question of reappointments, lie says that fourth-class postmasters will be retained during satisfactory sendee, while in the case of presidential postmasters, their reappointment will bo determined by the ratings given them.An increase of oT77 per cent in tW amount of ordinary uinil handled as compared with 1904. is noted in the railway mail service, which U;c post master general says shows a normal frowth with ►gratifying maintenance'of efficiency.PARCEL POST SYSTEM.The postmaster general says an effective domestic pared post system could be organized on the same lines substantially as express companies conduct their service. While he does not deem it wise at this time to ask congress for such asystemy ho reeommends ihnfc third and fourth class mail matter be merged at tlie rate of 1 cent for two ounces.As regards the rural free delivery service, the postmaster general expresses confidence that future legitimate ex ten-. sions etui be accomplished at a lower rate og expense. At the end of the fiscal your, June 30, there were in operation fiS ,331 post offices. The number of employes in the service at large is stated to be 280,000 of whom 1.1 lt;39 arc in the department ftt Washington.GROWTH IN SERVICE.After referring fo the fact that there i? shortly to be celebrated the two hundredth anniversary of the birtli of Benjamin Franklin, who was for more than j twenty years deputy postmaster general for the colonies and who was at the bead of t he postal service under the eon federation. the postmaster general says:“What a contrast between the service of his day and that of the present time. From seventy-five pnstoffiees in 1790. the year of Franklin’s death, the number had grown in 1901 to 76,945. and now is iftj.ll; from receipts of $37,935 and expenditures of $32,.]40 we have advanced in the same period to receipts of $152,-829,585, ami expend!lures of $167,399,* 169; from a total force of about 500-to a tnlal force of about 280.000 ”Mr. Cor Lely on paid a great tribute to IL C. Payne, his predecessor in office.KEEPS IN TOUCH WIThTjfAIIKE1\A New York daily is responsible: for i ho story that Mftj. W. E, Wetmore, an old lime telegrapher, now n millionaire I stock broker, of Alleghany, N. J., ]ms.! placed a wireless nppnnitus ell !•:* auto-, mobile whereby he can keep in touch ! with Fred Garner, the operator and agent at AUenhuret, and receive the stock quotations as he travels over the country in bis car. The instruments carried in the automobile and placed at A Hen hurst station, arc claimed to be Mftj. Wetmore's own invention. (Senior I claims the affair 1ms worked perfectly s twenty miles, and with larger batteries | will work fifty miles. Other' residents j of Ailcnburst will adopt Maj. WetmoreJs : plan, jsthandeiT steamerHAS BEEN RELEASEDLIVERPOOL, Doe. 1L—The White I Star line freight steamer Oeorgie, which ran ashore yesterday inside ‘*0 IF* gas’ buoy has been refloated and docked, Ap-, patently she is uudaniajed* I
Newspaper Details
Racine Journal
Racine, Wisconsin, US
Tue, Dec 12, 1905
Page 1
Full Page
Clipped by
Mark H.
USA 27 Apr 2023
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