The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-08-23
THE CHISHOLM CHEEK MATTER.
CARD FROM THE HYDRAULIC MILLING G.

CARD FROM THE HYDRAULIC MILLING co.
To the Editor of the Eagle
Now that the Chisholm creek matter has
been temporarily adjusted, to the satisfac-
tiOn doubtless, of the people along its
banks. we desire to offer a few suggestions
in vindication of the action of the Hy-
| draulic Milling company in relation
thereto.
The right TO divert and use this water
for milling purposes, was acquired in 1874
| by regular condemnation proceedings, in
the same manner that railroads acquire
right of way The impregnability of our
franchise has been settled by the Supreme
court Up to the time when the packing
| houses began discharging their otfal into
this creek ne reasonable complaint was
ever made against It's sanitary condition.
As soon as this drainage into the creek
from the packing houses began it becamea
nuisance. Our company, as well as the
people along its banks whose interests are
identically the same as ours were helpless
to prevent this pollution of the waters.
The packing houses, who had received
from our people a large bonus in cash,
refused to be taken within the city limits
to bear their just proportion of
the city taxes and to avail themselves of
the sewer privileges, which would thus
have been placed at their service They
preferred to make use of our mill race
which cost them nothing, regardless of
the consequences to the health or property
of Others At last in May, this year. the
city council, in its wisdom, instead of en-
Joining the packing houses from pollut.ug
this stream, sent a gang OF men at the
dead of night on Sunday to tear out and
destroy our fOrebay and allow the water
to escape. They followed this with an or
der of the district court restraining US
from repairing the breach or in any man
uer awaiting ourselves OF the use of the
water which we were maintaining within
the creek and race at a large expense
Neither the city nor the packing houses
offered to share the expense of thus main
tanning the water in the creek. Under our
contract with Mr.. \. Sullivan we were
bound to pay him two dollars and a
half per day for thus maintaining
the flow of water from the river into our
mill race. We cancelled our contract with
Mr.. Sullivan as we had right to do. and
the water was turned off. Could we be
expected when deprived OF the use of the
water ourselves by order of the court 10
add to the daily loss of the use OF our
power. the additional cost of keeping it up.
for the sole benefit Of the packing house,
Besides this we had repairs TO make upon
our tiume and water wheel, which could
not be made without turning the water
out. Had the packing house ceased to dis
charge its filth into the creek when they
saw tutIt WIS no water 10 NuSN II, LQcTG
would have been no further trouble
PreSuming, however, upon the fact that
they were the peoples pets, by reason OF the
immense subsidy they had received, they
continued 10 pour their offal into the dry
channel. In all fairness we ask was il our
duty 10 surrender our valuable water
power, without consideration at the behest
of these people, and to furnish flushing
water forever at great expense without
compensation? We think a plain state
ment of the facts, which can not be con
troverted, should be sufficient 10 justify
our action. 1t has resulted. as it should
have done long ago, in compelling the
packing houses, al last, 70 abandon the
creek and connect with the river
Whitaker, We understand. has already
made connection aud D0ld has been en-
Joined from further use Of the creek. the
injunction TO take effect at p. m. this
evening.
The dam on the Little river i being re-
paired and within a few hours the pure
waters viii be flowing down the creek.
with their usual volume. performing their
cleaning mission Respectfully.
The HYDRAULIC MILLING Co.