The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-21
CITY MUST GIVE BOND
And Injunction Against Build
ing of That Dam.
Is PROMPTLY DENIED
SteinbuchePS Land Would
Scarcely Be Damaged.

Yesterday afternoon in the absence Of
Fudge Dale Probate Judge Haymaker
heard the evidence in the SUIT of H Stein
buchel against the city for an injunction
Against the building of the dam across
the Little River at the lower boundary
of Riverside Park. Judge Haymaker dis
solved the temporary restraining order
on provision that the city give a bond
of two thousand dollars. Judge Haymak-
er stated at the outset that the conten-
ton was over the matter of damage
whether inundation of SteinbuchePs land
would injure it and deprive the owner Of
legitimate returns upon the property
AIRS Steinbuchel testified that the land in
question was about seven acres in extent
and was used principally for a feed lot
She had been acquainted with the premise
about eleven years and in that time mad
known it to overflow three times.
County Surveyor Brown stated that he
had made some notes on the lot, the river
bank and the place where the dam was
IN course of construction. He thought
that the low land for which Mr.. Stem
bucheI asked projection by injunction ex-
tended along the river bank for about
BIO feet. 1t was higher near the river
the lower part through the center of the
tract in question having the appearance
of draw or what might have been a
running stream some years ago. As near
as he could judge the dam would be from
three and d half to four and d half feet.
If the dam were constructed to height
of four feet it would throw water over
the lower part of Steinbuchel's land to a
depth of probably two feet. This would
not cover more than four acres of the
seven or eight comprising the low tract
in question and would leave an island
near the river bank. The bank of the
river was well defined and about three
feet high and nothing would seem to in
dictate that the channel Of the river had
ever been across the Steinbuchel lot.
Mr.. Brown said that in the government
survey no meandering had been made of
the Little River at ali.
Dr.. Neuman said that he had been over
the premises and in his opinion the dam
would throw the water up over Stein
buchel's land it would become stagnant
and create miasma and fever but that
evidence was knocked out by the city
upon proving that fresh water would move
down from above all the time and pass
by at the gate, creating just about such
conditions as any running stream would.
Several witnesses were sworn for the
city. Nearly all of them testified that
more water in the Little River would be
of great benefit to land along the river
for miles, that almost everybody wanted
the dam and the water, that the general
advantage, saying nothing of what would
be added to the park, would immensely
overbaIance damage. The tract of land
IN question was probably once the bed
of the river
Judge Haymaker allowed the city until
today 10 give a bond of two thousand dol
lars as security in case Of damage and
declared the temporary restraining order
dissolved upon approval of such bond
City Attorney Adams. who conducted
the suit against Smyth and Sargent, said
the city would give bond today and that
there was no objection to paying damage
where it occurred from building the dam
and could be proved. That what the city
of Wichita wanted universally was the
dam and the added beauty 10 the park.
The work will go on. Steinbuchel Will
probably bring suit for damage.