Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-10-25
Bonaparte Dam Case Decided
By Supreme Court.
SPORTSMEN DEFEATED.
History Of the Famous Case Which
Has Been in All the Courts of the
State-Meeks Cannot Be Made to
Remove Dam.

The Bonaparte dam stays in. The
supreme court of this state yesterday
said that the Meek Bros, the owners
of the obstruction to the free passage
of fish up the river, have certain rights
that cannot arbitrarily be taken away
from them notwithstanding they are
now operating the machinery of the
major portion of their mills by steam
instead of water power.
For years sportsmen have been en-
deavoring to have the dam declared a
nuisance and removed from the river
in order that fish might have free pas
sage. The case was commenced in a
justice court, followed up to the dis
trict court of Van Buren county, trans
ferred to the Wapello county district
court and finally appealed to the SUI
preme court. Judge j. c. Mitchell, Of
this city and Wherry & Walker, of
Keosauqua, were attorneys for Meek
Bros, and Reid & Reid and Attorney
General Remley, of Des Moines, were
attorneys for the state.
The Courts Holding.
The supreme court holds that when
the state transferred the Bonaparte
dam by grant, it did not abrogate it's
right to exercise thereafter police
power; that no constitutional right of
defendant Byron F. Meek is involved
and on every other point sustains the
contentious of the state except that it
is held the decision of justice of the
fn hn of IDfp ,Je, n
contract right to maintain the dam
without a tishway, and, being unap-
pealed from, that judgment is final,
for there is no showing that defend
ants have lost that right since the for
mai trial. and upon this single point
the supreme courts decision against
the state is based.
History of the Dam.
| The Bonaparte dam case is famal
/ lar .one-to- the people of Iowa The
state, by commissioners, transferred
to the Meeks "all the interests of the
state in and to the locks and dam at
4 Bonaparte in consideration of the pay.
ment of 5000" About 1870 the Meeks
| built series of cribs, which rose
higher than the old dam and con.
stituted and absolute obstruction to
the passage of fish.
| The Case.
| In 1893 information was filed before
j. G. Thompson, a justice of the peace
charging the Meeks with violation OF
| the provisions of Chapter 1888, Acts OF
the Seventeenth general assembly
and the trial resulted in judgment
not guilty" The present action was
brought in equity under section 2,54s
of the code of 1897, to abate, as nui
sance, the dam so maintained without
a fishway. The defenses interposed
are, that the removal of the fshway
without. the consent of the Meeks
violates the constitution, and impairs
the obligation of a contract existing
between the state of Iowa and the an
cestors of defendants; and that the
questions involved were adjudicated
and determined in proceedings had be
fore justice of the peace in 1898. The
supreme court as has been said, holds
the state to be helpless because the
| justice adjudicated the case, since
changed. The records of the justice
court away back in 1898 were not in
troduced in the trial. but the justice
himself, seven years afterward wenl
on the stand and testified that he hat
decided the case against the state, an(
upon his evidence the supreme courI
bases it's decision.
The result will be disappointing tt
the thousands of people who had hop
ed the obstruction at Bonaparte nigh
be removed and the fish allowed to fill
the upper waters of the Des Moine.
river. The only thing left for the state
apparently, is to pay the Meeks what
ever they may see fit to demand TO
the old dam and then blow it up will
dynamite.
| conger to Begin Negotiations.
Washington, Oct. 25.-Minister Con