The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1900-10-03
DON'T WANT II.
Mr.. Clark Wants q Restraining
Order Against Mr.. Burmelster.

ACACCO du dCGlOu dkdtuSI aug uS0 ".
Burmeister, as promoter, and Chas.
V. Everett, Frank NJ. Isham and
Charles w. Mead, as appraisers, of
the proposed dam just south of the
bridge across the Redwood river in
this city. Mr. Clark is the owner
Of the southeast quarter Of section
2. Redwood Falls township, through
which the river runs, and through
which the stream will be raised
several feet by reason of the con-
struction Of the dam.
In the complaint Mr.. Clark states
that about IS acres Of the land is
situated on the southerly side of the
river, and the balance. or about IS
acres, is on the north side. A por-
ton of the land on both sides, he
says, is used for a meadow, and is
fenced in, and furnishes pasturage,
ETC., for stock. He resides on the
north side of the stream.
Mr.. Clark contends that the river
is fordable on his farm atall seasons
of the year, except few days dur
ing the spring freshets and the win
ter season. He claims to have built
roads and approaches to. fords for
his own use, and that these lords
are his only means of crossing the
stream.
Mr.. Clark then reviews the petit
ton made by August c. Burmeister,
asking for appraisers for the land.
Mr.. Clark contends that Mr.. Bur.
meister's statements that the pro-
posed construction of the dam is for
water power purposes are wholly
false and untrue, and that the pur
pose of the dam is foreign to the OBJ
ject stated in the Burmeister petit:
ton. Mr.. Burmeister and the ap
praisers are accused with 'lmprop
erlv and illegally conspiring and
concerting together with other par
ties to him unknown to condemn
the lands described for overflow
purposes and to build said dam I'M
der the guise and pretended pur
pose of creating water power fol
the operation Of the mill, - when the
sole purpose is to collect a large
body of water in the valley of said
river and to accumulate and create
a large body of water in the nature
of an artificial lake for the purpose
of enhancing the value of surround.
ing city property and creating and
establishing fishing and boating ia.
cilities and general pleasure re-
Sort
The plaintiff is quite broad in his
charges Of falsifying and frauds and
implies that Mr.. Burmeister could
not use the dam for mill power, a
statement which prominent engi
neers stand ready to deny. He
contends that there is a secret ar
rangement between various parties
whereby the expense is not to be
borne solely by Mr.. Burmeister.
and that the latter is eventually to
assign over all his rights to another
person or persons. when the land is
all acquired, for the sole purpose o.
maintaining a body of water in the
nature of an artificial lake and
pleasure resort.
| Again, in the complaint, is the
alleged pretense branded as sub
terfuge and device to secure, under
color of the law. the building o.
said dam.
By way of injuries he says that
many acres of his rich and valuable
pasture. meadow and timber land
will be permanently overfowed, ane
that during the spring freshets anc
other periods, other land will be
submerged and the fertility of the
soil destroyed. He also sets uE
that he will be unable to cross the
stream and that the pasture will BE-
divided. by reason of the construc
ton OF the dam. He contends thai
a dam Is feet high will be sufficient
for Mr.. Burmeister' purpose and
that if the proposed dam is built il
would not be practicable for Mr.
Burmeister to use the power in op
Grating his present mill.
! In the prayer he asks for the an
nullment, vAcating and setting aside
of the Burmeister petition and o
the order appointing the commits
.;a-oro cd +lc% NJ. :. l.