1184 New Yokk State Agkicultueal Socip:ty 



the way for all sorts of trouble. Ivcecntly the opinion has hcon 

 given informally that the same assessment would lie against such 

 land as against land of any other person benefited but who may 

 not have joined in the original petition. (I say I desire especially 

 to open the point for discussion by those of legal training.) 



If it can be held that such assessment can be made, it gives 

 to any man possessing wet land the right to institute proceeding 

 both to obtain an outlet on another's land and to oblige his neigh- 

 bor to pay some fair share of the cost of that improvement, 

 whether it be the clearing and deepening of an existing channel 

 or the construction of a new channel for open or underdrainage 

 purposes. Just here, jjerhaps, occur more troublesome questions 

 than in any other part of drainage legislation, namely, to adjust 

 differences of opinion and financial responsibility involving out- 

 lets. 



Of course a person always has recourse to a suit for damages 

 if any act or negligence of a neighbor causes the undue accumu- 

 lation of water upon his land, and it becomes a matter of estab- 

 lishing the fact of such damage in court. 



One of the most discussed questions is that of j)ublic aid for 

 land drainage. As stated above this is proposed to take either of 

 two forms: First, actual grants of money. This is done where 

 the health of the community is involved, but the range of such aid 

 is limited to the range of improved health in the community which 

 is often ditficult to establish. Second, provision for the loan of 

 money to individuals or permission to use the public credit and 

 exemption privileges in recognition of public benefit. The extent 

 of this type of aid must be determined by the extent to which pub- 

 lic benefit is recognized. It is one thing to recognize public bene- 

 fit for the purpose of invoking legal or cooperative machinerv. 

 It is quite another matter to turn over money from the public 

 treasurer to a particular enter])rise. 



Ill this connection, there has been much interest in the pro- 

 vision of the Canadian hiw relative to ])ubii(' loans for drainage 

 i'lid ntlici" pni'poses. I ndcr tlic ])i-(ivisi(in of the Til<\ StmH', 

 Tiinhcr and hraiiiage Act, any farmer wishing to drain his land 

 may a|)])ly to the town couiu-il toi- a loan for such jiurpose. The 

 town council, after investigation, issues debentures which are pur- 



