The White River Ditch Stalls
A landmark court decision strikes down the drainage assessment law, leaving farmers and property owners in limbo.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
The law authorizing county commissioners to dig drainage ditches through private property on the assessment district plan was declared unconstitutional by Judge Osborn. The decision came in the case of the White ditch, for which John White and others petitioned, but which prominent White River property owners, including J. H. Rengstorff and Senator Watson C. Squire, challenged due to unfair assessments and potential land ruin. Judge Osborn decided the law provided for taking private property for public use without proper judicial authority, noting that determining what constitutes a 'public benefit' is a judicial question that commissioners cannot decide alone.
“The law... was yesterday declared unconstitutional, Judge Osborn deciding that it provides for taking private property for public use without judicial authority.”
This ruling highlights the early legal battles over land use and drainage that defined the transformation of the Duwamish and White River valleys. It reflects a recurring tension in Washington state history: who has the power to seize land for 'public improvements' versus individual property rights.
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