Mellor vs. Pilgrim.—"The appellant had the right to own and possess his land free from the increased burden arising from receiving the surface water from the land of appellee through artificial channels made by appellee, for the purpose of carrying the surface water therefrom more rapidly than the same would naturally flow; and the appellant having such right for any invasion thereof the law gives him an action. * * * If, as we have seen, the appellee by making the drain in question collected the surface water upon his own land and discharged the same upon the lands of the appellant in increased quantity and in a different manner than the same would naturally run, the act was unlawful because of its consequences, and the subjecting of appellant's lands to such increased and different burden than would otherwise attach to it, was an invasion of appellant's rights from which the law implies damages, and in such case proof of the wrongful act entitles the plaintiff to recover nominal damages at least."

Under this decision it is not easy to see how a man can lawfully cut a rod of ditch or lay tile on his own land, unless he can contrive some way to stop the flow of water.

1. The lower man may recover without proving that he is damaged because to drain is "wrongful."

2. Such drainage being a continuing trespass, subjects the perpetrator to never ending law suits and foredoomed defeats.

3. The lower man may forbid you to drain, or exact such tribute as he may dictate.

4. As the first man below must be consulted, why not the second, and how far this side of the Gulf is the limit of this trespass?

Here, as I have elsewhere, I challenge this as bad law. It reverses the order of nature, as well as custom, and can not be endured as the public policy of Illinois. Let us contemplate the exact opposite principle. "A land owner may drain his land for agricultural purposes by tile or open ditch, in the line of natural drainage, into any natural outlet on his own land or into any drainage depression leading to some natural outlet."

This proposition is generally regarded as self evident, but out of respect to the court, let us give some of the considerations on which it rests:

1. Improved agriculture is an element in civilization.

2. Drainage belongs to good agriculture, is extensively practiced and must often precede the plow.