The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-12
SUESCITYFOR $4,000
Sullivan Dam Case Is Before
the District Court
MANY LEGAL QUESTIONS
Must be Settled Before the
Jury Is Impanelled.

What is known asthe Sullivan dam case
was called for trial in the district court
yesterday. This is jury case. but no
JURY will be empanelled until Tuesday,
owing to the fact that there are many
law points which viii have TO be settled
before the case will be in shape to place
before a jury. The suit IS very in
teresting one, as well as very difficult
one. 1t is expected that the trial will
last for several days on account OF the
many points which are involved. and
which will have TO be settled.
The question as to the city's rights to
the water power was first brought into
the courts about two years ago by Mr.
Sullivan fling an injunction suit asking
that the city be restrained from building
the new dam. A temporary injunction
was granted on the condition that Mr..
Sullivan put up q heavy bond 10 iIdem-
Nifty the city in case they should be
granted the final decision. This bond was
never put up, out Mr.. Sullivan fled a
petition in the same action asking for
$4,000 damages. claiming that the city
had no right to the land which they had
appropriated for their own use. He al
leges that he is the owner of the land
occupied by the dam and by the race, and
that he built the foundation on which the
new dam was constructed and had built
and maintained the wing dams. He says
that the backwater has flooded about
three acres OF his land and that the race
takes up as much more. In addition to
this he claims that he owns about eight
acres of land on the west side of the
Little Arkansas river and that he has
now no way of reaching this part of his
farm except by going out of his way and
by passing through the property belonging
to other people.
It seems that in 1874 Arthur Sullivan
signed an agreement with Wheeler &
Selects, by the terms Of which they were
allowed to use the water from his farm,
and also to have the use of the race which
carried the water to Chisholm creek. This
water, after running down the creek, was
used to run the old Hydraulic mills. This
property, together with theh water rights,
changed hands several times until at last
the right TO the water power was trans
ferred to the city, while the mill remained
is situated several miles north of the city
sewer system About two years ago the
city decided to build new dam on the
site of the old one, which had been dam
aged by a food. The dam was built and
the city stopped paying Mr.. Sullivan, as
they had been doing for five years.
In answer to Mr. Sullivan's petition,
the city claims that they are entitled TO
the use of the water, having purchased
the rights. They claim that the agree
ment which was signed by Mr.. Sullivan Is
virtually deed to the land overfiowed
by the back water from the dam and that
which is occupied by the race and that
they bought this title outright from the
holders. In addition TO this and in order
TO make their title better, they had the
land condemned. They also claim the
property on the grounds that the title
of which they are now In possession was
undlsputed for fifteen years.
Mr.. Sullivan filed a reply TO the answer
made by the city and brought several new
points into the case. He claims in the
first place that the original agreement
/ which was made in 1874, IS not deed, but
merely in the nature of an easement
which allowed the owners OF the mill
to conduct the water through his land,
! and that this easement could not be sold
except when it accompanied the mill
| proper. Even admitting that it was a
| deed, he claims that 1t is not valid be-
cause the document was not signed BY
his wife which was necessary, because
| the property is a homestead. He also
claims that during the Carey administra-
| ti2n the city made q 2O-year contract with
/ him and agreed to pay him the sum OF
! 800 per month for the use Of the water,
! and for the maintenance OF the dam he
/ also claims that the dam built by the
| city has raised the water about two feet
| higher than it ever was before and that
| this has flooded has land.
! Yesterday the city filed a motion 10
! have certain parts OF this reply stricken
| cut and most Of the day was spent IN
arguing this motion before the court.
and * is probable that all OF today VIII
be spent in settling the legal questions in
| the pleadings. The facts which viii be
| tried before the jury are: Whether Ma
| Sullivan signed the agreement made II
| 1874, and whether Mr.. Sullivan is en-
| titled 20 damages or not. The jury VIII
| probably be empanelled Wednesday ard
then the taking os the evidence as to the
\ facts will begin
! al lAIf our AnAnCnN