, 1873-02-09
The Thrice-Enjoined Calumet Feeder
Dam Again Giving Trouble
The Mill Owners, Having Restrained the
Further Tearing Down Of the
Dam, are Now Build
ing It Up.
And Those Who We're Restrained from
Tearing Down Hare EoW Re-
strained the Building Up.

The owners of the mill at Calumet dam having
procured an Injunction restraining the tearing
down of that much litigatcd piece Of architecture,
alleging that workmen were about to commit
that r,inous work, Catherine J. Fal1child
Yesterday procured m injunction restraining
tho repairing and rebuilding of such dam by the
owners of the mill, alleging that work1nen wcro
about to put up again that which the other work.
men had just pulled down
This new complainant af1irms that, since the
let day Of last June, she has been the owner OF
a piece OF ground bordering on the Calumet
River valued at $4,000. which lies above the
natural and ordinary Lowell Of the eaid river,
and drained into tho river, leaving dry
arabic lands, susceptible Of cultivation, and
III condition to bear large and profit
able crops. That, by the construction
of said dam, the waters Of said river were raised
eight feet above the natural level, IN conse-
quence of which the flow Of water from COM
p]ainant's property has ever since been arrested,
tho land flooded, the soil rendered '4soggy"
and unfit for cultivation, BY all Of which the
complainant has, for series Of yeare, lost the
use Of said property. Complainant represents
that the dam was intended as temporary ezpe-
dent to supply water for the Summit Loyel OF
the Illinois l. Michigan Canal, until the canal
should be completed and fully supplied with
water from Lake Michigan, through tho Chicago
River that the deep cut of said level was fin
ished in 1871, since which time the said dam and
feeder have not been used for the purposes for
which they we're constructed, nor for any pur-
pose, on the part OF the State of Illinois or the
Canal Commissioners, and that, On the 18th and
14th of March; 1872, the following joint resolu-
ton WAS adopted By the Legislature of the State
CT Illinois:
WHEREAS, The completion Of the deep cut in the I'LL
no:s Michigan Canal obyiatcs the necessity Of
tinung the dam which h=s heretofore made the Calu
met feeder to said canal; md
WHEREAS, Said dam has for years caused an over
flow Of rge tracts Of land In the Counties Of Lake and
Porter, in The Stats Of Indiana; and ,,oa raw.
muncaion to the General Assembly, requesting the
removal OF said dam; and
WHEREAS, Justice and good comfy to our neighbor-
ing sate Indiana to which the State Of Illinois feels
under deep obligation for its courtesy and Audneas N
permitting the construction and continuance OF said
Resortd, By the Senate, tie House concurring here
in, that the Caunl Commissioners hereby instructed
to cause the removal Of said dam without unnecessary
deay.
The complainant proceeds to show that the
Canal Commissioners have, in accordance with
the above authorization, from time to time pro-
ceeded with the demolition Of the dam, and have
thereby already considerably lowered the level
OF Inc WaLeT 0ut uCL 10 Iu6 QaLuTA4 T1YGE 1GFG1
The Injunction recently granted. restraining the
work Of demolition, on the petition OF Pfeifer
and Roll, in this Court, as fully reported in THE
TRIBUNE at the time, is next referred to, the
complainant affirming that said pfeifer and Roll
claim right to water from tho dam under q
lease thereof, granted by the Trustees of the
Canal, which lease, the complainant alleges, the
Trustees had no lnwfl power to make, and
which is void on that account. It is no1t stated
that Pfener and Roll are engaged in rebuilding
the work pulled down by the Commissioners,
and that with the restoration Of the recent
level the drainage Of all the complninant's land
will be again nrrested, and about forty acres
overdowed and. in addition to this, the water
will overflow other property in the County OF
Cook to the extent Of 81 900 acres, stop the
d1ainage Of far moro, and render, land that
"soggy," md unfit for cultivation. besides prof
udicing the health Of the inhabitants OF the
county By no1ious and rostileut;al e1ha1ations
that will arise from said swanps. Finally, that
despite ell these certain disadvantages said
PfeifTer T. Roll have made no offers Of compen-
cation, but are proceeding, and declare their in
tention to proceed with tho work Of restoration,
and consequent destruction. Wherefore, COM
plainant prays that said dam may be declared 3
public nuisance, that it bo abated, and that the
defendants meanwhile be restrained from pro-
cceding with the work Of reconstruction.
George Holt. yesterday, commenced suits
against J. ". Roberts, Lewis Lull, and Elmer
Washburn, in trespass laying the damages ut
S., 600. The declaration afirms that the de-
PENDANTS broke into the rooms OF the CON-
plainant, at No. 20 Arcade court, the 5th inst,
complainant, Tor two days, forcing and breaking
open and damaging two doors and one table,
valued ct $500, and taking away one table, and
two long tables, Of the value of 800.