The Redwood gazette., 1900-12-26
DIM G()E&
Judge W6bb6r Refuses to
Grant Mr.. CLARK an
Injunction.
Work on the Dam is to be
Renewed at Once
the Decision.

On last Friday Judge Webber
rendered decision in the applica-
ton of John Clark, Jr., for an in
junction to restrain August G. Bur-
meister from going ahead with the
construction of the proposed dam
just south of the bridge across the
Redwood river in this city. The
decision denies the application of
Mr.. Clark, and overrules the con-
tention of his attorney on every
point, and sustains the positions
taken by Messrs. Pierce & Harriott,
the attorneys for Mr.. Burmeister,
and the appraisers appointed by
Judge Webber to go ahead and con-
demn the land, whom Mr.. Clark
sought to restrain from making
their final report.
In the findings of fact Judge
Webber states that Mr.. Burmeister,
in good faith, desires and intends
to erect and maintain the dam men
toned in his petition for the ap-
pointmentof appraisers, aud not 9th
erwise, and for no other purpose what
ever. He also finds, as is generally
admitted, that H. A. Baldwin and
other citizens OF Redwood Falls de-
sire to increase the man ufacture of
-four in said city of Redwood Falls,
and also to beautify the city and
create a pleasure resort therein by
the construction Of an artificial lake
by the raising of the water in said
Redwood river, and for these pur-
poses, and for the purpose of in
creasing the value of property in
the city, they have become sureties
on the note of said August G. Bur
meister for the sum of ST ,625 to en-
able and encourage him to prosecute
the construction of the dam; and
that the sum, or portion thereof
has been expended in paying or ten
dering the amounts of damages as
sessed by the commissioners.
A further finding is that the con-
struction of the dam will render the
river unfordable on Mr.. Clark S
land, and will cause the water to
overflow and render less valuable a
portion of the land owned by Mr..
Clark, but that the erection of the
dam and the overflow of the land is
made necessary for the purposes set
forth in said petition.
AS conclusions of law Judge Web
Der finds that Chap. 81, Gen. Stat.
of 1894 is not unconstitutional: that
the dam is to be erected and the
land overAowed for a public use !;
that MIR Clark is not entitled to the
relief asked for, nor any relief what
ever; that the defendants, Mr.. Bur-
meister and the appraisers are enti-
tied to recover their costs and
| disbursements from Mr.. Clark.
| In quite an exhaustive memoran-
! dun attached to the findingst Of fact
and conclusions of law, Judge Web
Der deals with Mr.. Clark's conten-
! tion that the law allowing the right
! of condemnation for dam purposes
is unconstitutional. The original
act has peen declared CONSTITUTIONAL
by the supreme court. and while
the amendment has not been passed
upon by that body, and while the
original actis crudely drawn, Judge
/ Webber states that he finds nothing
in the amendment to warrant him in
declaring the act unconstitutional.
! The law would have been more sat
isfactory, he says, if it had provided
for notice to land owners of the pre-
sentation of the petition for the ap-
pointment of commissioners, but
inasmuch as the amount of damages
to the land can be determined by q
jury, after the appraisers are
through, the act cannot be deter
mined unconstitutional.