e 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.
RIVER DISTRICTS.--Illinois being generally level, many of our inland
streams waste a large amount of land by overflow and drift. Roads,
crops, and bridges are insecure. To a large extent this may be remedied
by straightening the channels, and hereafter keeping them in repair and
clear of drift wood. If the lands along these rivers, which would
receive benefits from this work, were made into a district and
classified according to benefits, the burden on them for proper
improvement would not be great, and it is believed that dollars would be
realized for cents expended. This waste is growing worse year by year.
Enough land could be reclaimed along the Kaskaskia, Little Wabash, Big
Muddy, Saline, and Henderson to more than make a New England State. The
State may well afford to do the engineering and give an enabling act,
that the people interested may organize as they decide to improve their
respective rivers. When so improved, it will become practicable to more
effectually drain the district by lateral works.
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