USA > Illinois > Lee County > History of Lee County, Illinois, Volume I > Part 20
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
Sometime during 1885 or 1886 three men owning large tracts of land in the swamps-Ira Brewer of Bradford, John Nelles of Viola, and A. B. McFarland of Mendota-joined in an effort to organize a drainage district on a scale never before contemplated. It was to take in all the lands that would be benefited by drainage and open an outlet of sufficient depth and capacity through the rock at Inlet. This was the first movement that culminated in the organization of Inlet Swamp Drainage District. They met with opposition and faced difficulties that would have daunted men of less foresight, courage and perseverance. To them, espe- cially to Mr. John Nelles, of Viola, belongs the credit of having not only originated the work. but of having cleared the way of
226
HISTORY OF LEE COUNTY
preliminary difficulties, secured the good will of the majority of landowners toward the enterprise and put it on a sound basis. Those who now enjoy the benefits and advantages of the drain- age system have little idea of the time and money expended by Mr. Nelles in preparing the way, meeting the objections, and allay- ing the fears of landowners. Opposition to a scheme involving so enormous an ontlay was natural, and it required the highest degree of patience, tact and perseverance to bring a majority of the landowners into acceptance of his views and secure their sup- port for the enterprise.
This preliminary work, so efficiently performed and so essen- tial to future success, was most ably seconded by the masterful executive ability and untiring energy of Mr. Wesley Steward. one of the first commissioners after the organization of the dis- triet. It is just and proper to make special mention of the invalu- able services rendered by Commissioner Steward, the man of action and energy who bore the brunt of the work during the early Years and devoted the most of his time to it. Those associated with him in the work bear witness to his superior activity and helpfulness, and join in giving to him the place of honor as the executive head of the commission.
The successful completion of the work is not the only remark- able feature of the enterprise. Seldom, if ever, has an under- taking of such magnitude, so far-reaching in its results, involving so many interests, and affecting the rights and property of so large a number of individuals, been carried out with so little litigation and so few mistakes. Every move has been well planned. carefully considered with reference to all interests in- volved, and skillfully and thoroughly executed. There has been no indecision nor delay, and few if any errors in judgment. The rights of individuals have been carefully considered with refer- ence to the best interests of the district as a whole; and so much care and good judgment has been exercised in every detail of the work that the district has been involved in no litigation ; some- thing most remarkable, and which reflects the highest credit upon the wisdom, sagacity and sense of justice of the attorney for the district. the judge and the commissioners. No other drainage district, small or large, can show such a record, although the Inlet Swamp Drainage District encountered all the troubles and diffi- enlties that have beset any other drainage district, and met and peacefully settled some difficulties of a serious nature, encoun- tered by no other district yet organized.
227
HISTORY OF LEE COUNTY
Many precedents have been established for other districts to follow; and the proceedings as a whole will be found of great historie value as well as of historic interest. The work will remain a monument to the foresight, perseverance and good judgment of the men who organized it, and the men who have borne a part in planning, directing and executing it.
HISTORICAL REVIEW OF THE ENTERPRISE
By A. C. Bardwell.
In the eastern section of Lee county is a large body of land known as "Inlet Swamp" which until recent years was not only of little worth, but seriously depreciated the tracts that bordered it. The more depressed portions were submerged in wet seasons, so that large areas were converted into lakes and ponds. The pre- vailing growth in this part of the traet was slough grass horse high, cattail, bullrushes and the like. The land coming within this class had no market value. In dry seasons the finer grades of slough grass were ent for hay, but in wet seasons hunters enjoyed the only revenue. It is difficult to estimate the acreage in the slough proper, but it was probably not less than ten thousand acres.
A marvelous change has been wrought in all this section by the organization of Inlet Swamp Drainage District and the work it has been carrying on and has brought to final completion this winter. The district was organized in the county court of Lee county, the Hon. R. S. Farrand, judge presiding, by an order entered Ang. 5. 1887. the petition therefor having been filed on the 10th day of the preceding November. Much bitter opposition was aroused and every conceivable obstacle interposed by a large ele- ment of the interested landowners, who seemed to labor under the conviction that the movement was destined to result in virtual confiscation of their property. The feasibility and utility of the scheme was doubted by many who believed that the cost of the work would greatly overmatch the benefits to be derived, but now that the hopes of the most sanguine have been realized. the work is generally regarded as a great success. In view of develop- ments, it seems unaccountable now. that the undertaking should have met the antagonism it did from the very landowners who have since reaped rich benefits in yearly incomes from once isal- able property, and in the consequent enhancement of values.
228
HISTORY OF LEE COUNTY
Though little has been said or known about this work outside the immediate vicinity where it has been going on, and aside from occasional artieles in the Amboy Journal and brief references to it in other papers and the formal legal notices appearing as required, the press has been silent regarding it; the fact is that no public work ever carried forward in Lee county compares with it in magnitude of wealth created or reclaimed. It has raised whole farms from the mire, and converted an unsightly, pestilen- tial swamp into a rich agricultural district, where lands unsal- able before are bringing from sixty dollars to eighty dollars an acre.
It has added an average of nearly 40 per cent to the assessable value of the lands within the district. By towns the increase has been as follows:
Alto from $11,798 in 1886 to $14.722 in 1899
Bradford
from 21.791 in 1886 to 34,010 in 1899
Lee Center
from 26.219 in 1886 to 32,420 in 1899
Willow Creek from
6,228 in 1886 to 6,402 in 1899 Viola from 59,177 in 1886 to 120,083 in 1899
Reynolds from 28,556 in 1886 to 47,569 in 1899
$183,769 $255,206
The increase in actual market value, as indicated by the price at which lands have been sold and are now selling, is very much greater than these figures would indicate.
The process by which sneh beneficent results have been accom- plished may, therefore, be a matter of public interest, and it is due to those who have encouraged and supported the enterprise, as well as to the officers who have borne the burdens of the task and surmounted its many difficulties and diseonragements, that the story of the task be told.
The district embraces 30,079 acres, all of which was found by the court to need drainage, although much was fair pasture and hay land in other than wet years. The four main ditches or chan- nels have a total length of thirty-two miles, into which empty over seven and one-half miles of smaller ditches and "laterals."
Preliminary to the order organizing the district the court appointed E. C. Parsons, Wesley Steward and John Nelles, com- missioners to lay out the proposed ditches and report plans, pro- files and estimates, including the probable cost of the work. They
229
HISTORY OF LEE COUNTY
first called to their assistance the county's old reliable engineer, William McMahon, Esq., but he soon discovered that he could not go on with the work to the end. Mr. A. E. Rutledge, a thoroughly competent young engineer of Rockford, took his place and Mr. McMahon contributed such counsel as was needed. As far as weather would permit advantage was taken of the frozen condi- tion of the ponds the following winter to make the surveys, and on April 21. 1887, the commissioners submitted their report. The engineer estimated that the proposed district drained a watershed of about one hundred and fifteen thousand acres, and that the con- struction of the ditches as located by his survey would require the removal of 1,544,817 cubic yards of earth and 79,700 cubic vards of stone. The commissioners reported that the work. includ- ing all expenses of the district, would probably reach $185,000. When the report came up for hearing the protestants were numer- ous. Every available lawyer in the county, and some from neigh- boring counties, were enlisted and the court room was crowded with indignant landowners from far and near, clamoring for pro- tection against what was characterized as a high-handed outrage on the part of the commissioners.
After patient hearing the court ordered the commissioners to estimate and report the probable cost of a modified system, ter- minating the "Main Ditch" 2,600 feet below the Birdsall bridge, instead of at the Badger dam, as recommended by the commis- sioners, lessening the depth and width of the rock cut at Inlet, generally contracting the size of the ditches throughout the dis- trict and reducing the estimated material to be removed to 640,000 cubic yards of earth and 10,400 cubic yards of stone. The commissioners reported the probable cost of such work at $67.000. On the basis of this report the court granted the order organizing the district. the purpose being to construct the ditches according to the modified system. Time has shown that the one first advanced by the commissioners should have been followed, but public senti- ment in that as in most matters had to be educated up to the point of wisdom. Drainage was then in its infancy and must needs slowly win its way to public favor, as it has most triumphantly done. The ditches, as at last constructed, conform substantially to the lines and dimensions laid down by these first commissioners and their young engineer.
The contract to do this first work was let Feb. 15, 1888. in two portions, the larger to Pollard & Goff who sublet it to McGillis & Company, the lesser to Gilbert F. Henning.
230
HISTORY OF LEE COUNTY
A jury composed of William MeMahon, foreman, J. C. How- lett, James Kirby, John Fruit. JJohn Holdren, Abram Bennett, Jerome Bennett, Jolin Nass, George Carey, G. A. Lyman, E. W. Pomeroy and James King, was impaneled to spread the assess- ment on the lands of the district for the required $67,000. This work was done during the fall of 1887, and was very thoroughly performed, every tract throughout the entire distriet being inspected carefully by the jury in a body, the work covering a period of nearly three months. The land in tracts was classified in proportion to the benefits to be received from the drainage- from 5 to 100; that is, those tracts receiving the least benefit were marked 5. the next in order of benefits 10, and so on, the tract receiving the greatest benefit being marked 100. The $67,000 was then apportioned to each tract from these figures according to the number of acres in a tract. Work was begun and was pushed vigorously during the year 1888.
A year later. Feb. 15. 1889, the commissioners made a report. based on the actual result of the year's work, to the effect that the first assessment would fall short of completing the ditches, and asking for a second assessment. After due hearing at which the prior opposition was renewed. the court ordered an assessment of $17,000 to finish the work undertaken, and a jury to make the same was again impaneled, composed of William MeMahon, fore- man, J. C. Howlett, Jerome Bennett, A. J. Tompkins, Abram Ben- nett. John Holdren, James Kirby, John Fruit. George Carey, John Nass. G. A. Lyman and A. B. Fitch, and their labors were confirmed by the count May 6, 1889. In the course of that sum- mer the ditches were completed.
Ang. 3, 1891, the court ordered the commissioners to extend an assessment of $2,800 for purposes of repair, and their action was confirmed by the court Dec. 7. 1891.
As the season went by it became more and more apparent to the commissioners and to the ardent friends of the work, that the ditches were entirely inadequate to thoroughly drain the swamp and give the owners of lands the relief sought. The swamp was a vast basin of wet or soggy land, dominated by ledges of rock at Inlet. the only place of escape. The level of water was ganged by the lowest point in this barrier. Below this the water saturat- ing the soil could not fall. excepting by evaporation, any more than a full barrel could empty itself. As completed, the open- ing through the rock was eighteen feet wide at bottom, and about
231
HISTORY OF LEE COUNTY
five feet deep. Through this aperture the floods of the rainy seasons were compelled to pass, and it was impossible for the water to get away quickly enough and lower the water level in the soil sufficiently to render the wetter lands reliable for till- age. This was evident to any unprejudiced person.
With the hope of remedying this radical defect the commis- sioners petitioned the court, July 18, 1893, for authority to widen the rock ent to the width of twenty-four feet at bottom and to deepen it four or five feet, and to extend the " Main Ditch" to the Badger dam to secure the necessary fall. But at the hear- ing the opposition on the part of many of the landowners was so stubborn that the court was compelled to refuse the petition of the commissioners ; and thus did the contesting landowners once more accomplish the temporary defeat of thorough drainage, and postpone the benefits ultimately to be attained. It will be seen that at no time was it the fault of the commissioners that the system stopped short of the highest efficiency; but by a strange blindness to self-interest, and an unaccountable disrespect of the law which prevents water from running up hill, the contesting proprietors obstinately set themselves against the necessary im- provements. This was in 1893. At this writing ( December, 1900 ) an outlet of much greater capacity than here proposed is carrying away the water of the district.
Restive under the restraints and losses inflicted by a policy so short-sighted, a number of owners of lands in the district, residing in the central part of the state where the value of drainage had been demonstrated, generously offered to pay the expense of widening the rock cut. The proposition was submitted to the court and the commissioners were authorized to accept the proffer and do the work. The cut was thus made twenty feet wider down to a line within a few feet of the bottom at a cost to these people of $10.241.81. for which they have received no reimbursements other than the benefits resulting to their holdings in common with the rest of the lands of the district. These non-resident landowners were represented by Mr. E. F. Nichols of Delevan, Ill., whose intelligent judgment and persistent labors in supporting the com- missioners and promoting the interests of the district deserve to be here recognized as well nigh invaluable.
In July. 1895, the commissioners reported a shortage of funds needed to keep the ditches in good condition: that trees were becoming rooted and bars were forming. After due notice and hearing the court impaneled a jury to levy a fourth assessment
232
HISTORY OF LEE COUNTY
amounting to $9,000 on the lands of the district-James Kirby, foreman, Abram Bennett, Warren Smith, Dennis Bradshaw, John M. Sterling, F. E. Rogers, George Carey, W. B. Merriman, Hi- ram Hetler, M. M. Avery, H. E. Chadwick and W. W. Gilmore, comprised the jury. Their work was confirmed by the court Nov. 4, 1895.
In 1897 the commissioners made a third and successful effort to extend and enlarge the outlet and increase the capacity of all the ditches to proportions adequate to carry off the water as quickly as possible. Proper profiles, plans and estimates were made and presented to the court with their petition May 19, 1897. It was noticeable on the hearing of this petition that the grounds of opposition had shifted. The ditches had been for years argu- ing the canse of drainage, and their logic had compelled recog- nition. Now the question did not turn on the advisability of greater capacity and swifter flow, but on the adjustment of the tax among the different owners.
On the hearing of this petition the court found "that it is necessary that the ditches of the district be widened, extended and deepened, as hereinafter ordered, in order to secure the proper drainage of the lands of the district;" and that "the probable cost of said work, together with charges and expenses necessarily inci- dent thereto will be fifty-five thousand dollars." Accordingly the court ordered the commissioners, June 7, 1897, to extend an assessment of that amount on the lands of the district for the purpose of lowering the cut through the rock four to five feet and widening it to the width of thirty feet and extending the "Main Ditch" to a point 100 feet below the Kreiter dam and lower- ing correspondingly the North Ditch, Fourth Ditch, Middle Ditch and South Ditch, as well as certain laterals. This work has now been completed; and thus has been vindicated, by both court and public sentiment, after a long and often disheartening struggle, the policy recommended by the first commissioners and their engi- neer and advocated by their successors. The loss caused by its belated victory has fallen on the property owners.
This fifth assessment made by the commissioners was confirmed by the court Sept. 13, 1897, and on the 16th day of the same month the contract for the work was let to John W. Boyer of North Manchester, Ind. Mr. Boyer's prosecution of the work was so dilatory and unsatisfactory that the commissioners rescinded their contract with him and relet the job to Mr. John E. Burke of Chicago at the same figures. Notwithstanding the many unex-
233
HISTORY OF LEE COUNTY
pected difficulties encountered by reason, principally, of unfavor- able weather, he hung manfully to his task and fulfilled his con- tract to the letter, except in the date of completion, which was extended as the necessities of the situation required. Mr. Burke's work showed him to be a thoroughly reliable contractor.
But the money raised by the fifth assessment proved insuffi- cient to finish the job and the commissioners were forced to peti- tion the court for a sixth assessment. After due hearing, at which many landowners appeared, the court ordered that $15,000 more be raised to complete the work and repair the ditches. This order was entered Jan. 13, 1900, and a jury to extend the assessment was impaneled, consisting of James Kirby, foreman, Jesse Cole, Hiram Hetler, Edward Lamb, Abram Bennett, E. L. Thorp, F. L. Childs, F. E. Rogers, Frank Messer, George W. Smith, William V. Jones and B. F. Lane, whose assessment was confirmed by the court July 6, 1900.
The ditches of the system being now finally completed it only remains to maintain them in such condition as will render them most serviceable. The assessments aggregate $165,800, and this plus the contribution mentioned must be set down as the cost of ditches to date, less such portion of the last assessment as will be left for repair purposes.
The work done under the contract with Pollard & Goff was at the rate of ten to twelve cents (according to locality) per cubic yard for earth, fifty-five cents for stone and thirty-five cents for hardpan. The rate under the contract with Henning was nine and one-half to twelve cents (according to locality) per cubic yard for earth, twenty-five cents for stone and hardpan ; but the Pollard & Goff contract embraced all the rock and hardpan work. Under all the contracts with Boyer and Burke the price was ten cents per cubic yard for earth, fifty-five cents for stone and forty cents for hardpan. The three contracts were let to the lowest bidder and were considered to be very favorable to the district. In each instance there was sharp competition among contractors seeking the job.
The assessments were made payable in installments. The last installment of the several assessments fall due as follows: Of the first in 1902: of the second in 1895: of the third in 1896; of the fourth in 1900: of the fifth in 1912; of the sixth in 1905. Of the first assessment $21.000 of the principal has been paid, $12,000 of principal will be paid this year (1900), $15,000 in 1901, and the balance, $19,000, in 1902. The second and third assessments have Vol T-15
234
HISTORY OF LEE COUNTY
been fully paid. The last installment ($630) of the fourth assess- 1 ment will be paid this year. The sixth assessment is payable in three installments, of $5,000 cach, in 1903, 1904 and 1905. The fifth assessment is divided into nine installments, payable each year commencing in 1906 and ending in 1912. The policy of the court in so adjusting the several assessments was to postpone the heavier payments until such time as the owners would be receiving the benefits of the work. The amount dne this year, including interest. is substantially the same as last. Next year it will be $1,600 more and in 1902 the climax will be reached, the amount then falling due with interest being $20.140. After that the burden, exclusive of interest, which will lessen with every payment, will average about $7,000 a year (not taking into account payments made in advance ), or about 25 per cent more than the rate of 1897. The assessments all draw interest at the rate of 6 per cent per annumm.
Inasmuch as the payment of the assessments was postponed. and it was necessary to have funds available to pay contractors and meet the general expenses of the district, the court directed the commissioners to borrow money on the bonds of the district. payable out of the several assessments when collected, except the last. Of this last assessment $8.945.39 has already been paid by the landowners and they have received their releases from further liability on account of the sixth assessment.
Six series of bonds have been issued, all bearing interest at 6 per cent per annum. but all except the first issue of $6.000 were sold at such a premium as in effect reduced the interest mich below this rate.
The tax on the lands of the district if distributed equally would be approximately five dollars and fifty cents per acre, but as the constant effort has been to adjust the load according to benefits, many tracts are charged with much more and many much less than this. The record shows that the largest total assessment paid by any one is ten dollars and forty cents per acre.
The work of the civil engineers who laid out the ditches and supervised their construction has been from the first extremely satisfactory. Mr. G. IT. T. Shaw of Dixon succeeded Mr. Rut- ledge, and by his ability and fairness has added to a well earned reputation in both respects.
Josiah Little, the old-time and always reliable banker of Am- boy, was early appointed treasurer of the district and still securely holds the purse. the details of the office being discharged by his efficient cashier. Mr. F. N. Vaughan.
235
HISTORY OF LEE COUNTY
The district has been fortunate in its comparative immunity from litigation. Portentous clouds gathered in the early days, and various mutterings such as the lawyers of the county com- bined were capable of, distinbed the air, but in due time the clouds drifted away, the threatenings subsided, and calm pre- vailed. One landowner appealed from the assessment of damages awarded him. The contest ended with the verdict of a jury in the county court.
The failure of Glann & McDonald, subcontractors under Boyer, to comply with the terms of the contract, and their aban- domment of the job leaving workmen and material-men impaid- forced the commissioners again into court. Something over $2,000 was due Boyer on final settlement. Glann & McDonald insisted that the money should be paid to them, and the people whom they owed also contended for it; while Boyer, who was disposed to pay the men, but refused to pay the defaulting subcontractors, demanded the money. Under this sort of cross-fire the commis- sioners were compelled to bring an interpleader suit in the circuit court whereby the rights of the contestants should be deter- mined. Glann & McDonald, claiming to be non-residents, removed the case to the United States Court in Chicago, where it is still pending.
In extending the ditches beyond the original boundaries of the district as required by the court's order of Jan. 7, 1897, it was necessary to condemn the right of way or acquire it by purchase. Not being able to come to an agreement with the owner of the Badger dam, the destruction of which was necessary, a jury was called to assess the damage. Only one other contest has been experienced. Indeed it was the only gennine lawsuit in the his- tory of the district. and was occasioned by the erection of a tem- porary dam at Inlet to produce backwater sufficient to float the dredges. A portion of the farm of Anstin Willis was overflowed and he sned the commissioners personally as well as in their official capacity for damages. He recovered in the circuit court, but the appellate court reversed the judgment and dismissed the suit. A. C. Bardwell, of Dixon, has been the attorney for the district from the first. The organization was effected, all assess- ments were made and all bonds were issued under his direc- tion. and he has had charge of whatever litigation has occurred. It may be fairly said that he has always faithfully seconded the commissioners in their policy of patience and conciliation. by
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.