Miami County, Indiana - Chapter 59: Drainage, 1896

UBLIC highways and public ditches enlarge the resources, promote the pro- P ductive power. increase the industrial energies, add to the convenience and welfare and benefit the healthfulness of tae country. Public highways and drainage are an index of the civilization of a country. In a country like this, one is as essential.as the other. But very little attention has been given to the history of drainage, though its benefits have been so great.

The early settlers remember when almost the entire south part of the county was a frog pond after the heavy rains in the spring of the year. Parts of the county in the north w3re covered with large ponds almost thé entire year. Consequently the high and dry lands were the first settled, and little knobs here and there that were favored with natural draigage were the first to produce for the sustenanee of man. The low and wet lands have been redeemed, and where large ponds were but a few years ago is now the best of productive soil.

The question of drainage did vot occupy the attention of the people much prior to 1875. One reason was on account of the heavy cost. Wooden ditches were first constructed, but these would last only a few years, were not at all satisfactory and-required a great deal of labor to keep them in proper repair. It was only about twenty-five years ago that tileing came to be used to any extent. The first tile used in this eouncy was in 1869. Itis estimated by Peter Kelly, the drainage commissioner of this county, that the cost of private drainage will average $10 per acre. There are 245,780 acres in the county, and at $10 an acre it would amount to $2,457,780. About one-fifth of the land is forests, and some of the land is not drained, but this is no doubt a fair estimate, as the cost of drainage on some of the farms will run 40 and $50 peacre. The large farm belonging to Andrew J. Phetps in the south part of the county, is as perfectly and systematically drained as any in the state, and it is estimated that the drainage on an average cost $50 anacre. The drainage of quite a number of farms will average $30 per acre.

I remember an old German farmer in the south part of Washington township, who about twenty years ago was very much disheartened about his wet farm and because he could not cultivate his crops and could raise nothing. He was getting deeper and deeper in debt. One day he told bis wife that he was going to mortgage his farm to buy tile. The old lady fairly raised a storm of objections. But the tile was bought, the farm mortgaged, and the old German soon taught his neighbors the value of tileing, as he had heavy crops, when they raised nothing. In three years the mortgage was raised, the debt all paid, and the farm was one of the most valuable in the county. PUBLIC DRAINAGE.

The question of public drainage did not concern the Legisiature of this state to any extent until 1875. 'All general laws on the subject were repealed in 1881 and a new one was enacted. It is very clear that the Legislature has the right to compel the drainage of swamps and wet lands. But in order to enter upoa and take a man's land or property of any kind, or to compel him to eonstruct a drain, the public must in some way be benefited by the improvement.

would not be a work of public utility. In order to call in the power of the Legislature to compelldrainage, the public must be benetited, and the improvement must beincommon. As the result of this right, which lawyers call **,he right of eminent domain." the Legislature has from time to time enacted laws providing for the construction of ditches and their maintenance.

Ditches are divided into three classes on the basis of the law under which they are constructed, namely: Commissioner ditch, Circuit Court ditch or Drainage District ditch. Nearly all the ditches in' the county belong under the first name as they are constructed and operated by the county Commissioners. 'The practice and proceedings in obtaining public ditches have always been intricate, so many steps taken, and, papers made and filed that the utmost skill, care and patience are necessary to comply with the law.

The act of 1881, was *-Anact to enable the owners of lands to drain and reclaim them, when the same can not be done without affecting the lands of others, prescribing the powers and duties of County Commissioners and other officers in the premises, and to provide for the repair and enlargement of such drains, and repealing certain acts therein specified, and declairing an emergency."

To obtain a ditch under this law, a petition must be presented to the county commissioners, signed by one or more land owners, who would be effected by it, setting forth its necessity with a general description, and they must furnish bond with security that they will pay the costs of proceedings in case the proposed ditch is nut established. 'The commissioaers then appoiat three disinterested parties to view the proposed ditch, and if they report favorable, and no remonstrance is offered its construction is ordered.

This law of 1881 was so intricate, and the steps so many that it tooka creat while to get a petition through the commissioner's court and finally fave the proposed ditch granted or ''squashed," and was the cause of much litigation, and in 1885 the Legislature enacted omen law dutroducing an entre: ly new process in obtaining a diich. Under this suf the guare proceedings are in the Circuit Court with the aid of ditch commissioners appointed by the county commissioners. This law created a new officer known as the Draiuage Commissioner, who is appointed by the county commissioners. Those who have filled the office in this county are, William Zehring. C. S. Jacksoa, N. W. Trissal and Peter Kelly.

To obtain a ditch in the circuit court, a petition is presented to the judge, and he appoints a commissioner to act in conjunction with the drain- are commissiouer and county surveyor in viewing the proposed ditch. By this method of procedure ditches are legally constructed and the proceedings show greater accuracy as they are under the eye of the judge. Twelve ditches have been constructed througe the circuit court.

The Drainage District law was in force March 4, 1893. It provides that a ditch may be constructed and operated by mutual agreement. The Prairie ditch of Peru township, the most expensive in the county on account of the rock cut was petitioned for under the law of 1881, but is operated under the drainage district law. No ditches have been petitioned for under the law of 1893.

All ditches are kept in repair by the township trustees, except those operated under the Drainage District law. The ditches of two counties are kept in repair by the county surveyor of the county in which the proceedings were held for the construction.

Mud Creek ditch of Allen and Union townships was the first public ditch constructed in this county. It was petitioned for in 1878, and James A. - Hurst, Baldwin Wilkinson and Henry Hemming were appointed viewers. The ditch was completed the fall of 1879. This ditch was not constructed according to law and was soon permitted to fill up, except the upper part, which was re- . petitioned for under the law of 1881 and is yet known as Mud Creek ditch.

The table following shows the public ditches in the order in which proceedings were begun for their construction, their location, length in feet, cost, an? with remarks. These figures cuver the main ditch and branches. where there are apy.