Prairie Farmer, Vol. 56: No. 4, January 26, 1884: A Weekly Journal for the Farm, Orchard and Fireside — John Shaqi
Prairie Farmer, Vol. 56: No. 4, January 26, 1884: A Weekly Journal for the Farm, Orchard and FiresideVarious
Science
Prairie Farmer, Vol. 56: No. 4, January 26, 1884: A Weekly Journal for the Farm, Orchard and Fireside
Various
Agriculture -- United States -- Periodicals; Farm life -- Periodicals; United States -- Rural conditions -- Periodicals
ACTION OF THE GENERAL ASSEMBLY.--Early in the last session, bills were
introduced into each House to overturn this court decision. These were
defeated, but late in the session there passed with much unanimity a
bill of the following title, which became a law: "An act to permit
owners of land to construct drains for agricultural purposes." Sec. 1 of
this act reads as follows: "That the owner or owners of land in this
State shall be permitted to construct drains for agricultural purposes,
only, into any natural water-course or any natural depression whereby
the water will be carried into any natural water-course, or any drain on
the public highway, if the road commissioners consent thereto, for the
purpose of securing proper drainage to such land, without being liable
in damages therefor to any other person or persons or corporation." This
was intended to establish the right of "individual drainage."
But we are told that the courts will not respect this law, for the
reason that it seeks to legalize trespass.
Here we join issue with our objectors and stand by this declaratory law.
It embodies the general opinion and practice of the people; it is
plainly conformable to the physical laws of nature and the requirements
of civilization. Lands are held subject to laws thus grounded, and these
considerations will not tolerate laws or decisions the very opposite.
These declarations are not much more radical than a declaration that we
stand by the law of gravity as constitutional.
The public are busy in overturning this court decision by everywhere
disregarding it. The few who stopped draining in deference to the court,
have resumed under shelter of the statute. If all violators should be
prosecuted with vigor, tile-making might decline, but courting would be
lively. Courts and judges must be multiplied, and every lawyer in the
State would have fat business for the next ten years. Some judge will
soon give us a precedent in accordance with reason, and this will settle
the matter as effectually as did one taste of the tree of knowledge
reveal good and evil. It will soon be seen that individual interest is
best promoted by general and free drainage--that presumption should be
in its favor, and that one man should not be clothed with power to stop
others from making improvements.
NEW LAWS.--The next legislative work on drainage should be to revise and
consolidate the law. On some points the law is duplicate, and on one
triplicate. It is generally demanded that the law shall be less cumbrous
and more summary. This can be done to some extent when it shall be found
that the courts favor drainage. So far they have had a very tender
feeling for complaints. When drainage shall be acknowledged to be
lawful, laudable, and necessary, like plowing, laws may be greatly
simplified and made more effectual.
Public-domain text, read in full here on John Shaqi.
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