Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-03-27
1000 ACRES N DANGER
Prospect That the Missouri River
May Destroy Valuable Iowa
Farms.
One Thousand Acres in Lakeport
Township, Woodbury. coun-
ty, in Danger.
Change Of Rivers Course May
End Litigation Of Long
Standing.


rise in the Missouri river passes OIL
without the river breaking out INTO 'he
old lake in Lakeport township and in
nndatinr about 1000 acres of land anu
perhaps taking up its future course
thru that place the owners of land IN
that vicinity will be very much re-
lieved.
There are many, however, who be-
Ilieye from the rapid manner In which
the river has been eating its way thru
the clay bank toward the old lake this
winter that the spring rise will COM
plete the Job in a hurry. "A good zeal
of apprehension is felt by the land
owners over the situation. They say
that the coming of the river into the
lake bed is inevitable, and If it does
not come this spring it will come. per-
kaps, in the fall.
The river now passes within 100 feet
of the north end of the lake bed. which
has been cultivated for agricultural
purposes for the past FIVE years and has
produced some of the best corn crops in
western Iowa.
Felix Jauron, of Salix, a member of
the board of supervisors, who was in
Sioux City yesterday, said the Missouri
bad done more cutting during the past
winter than it had ever done before at
this season within his recollection. The
greatest damage by erosion is done
f.,l he,
the river is high. Among the persons
who have lost the largest amount of
soil are Mrs. John Marin, A. B. Ridg-
way Francis Hubert, Napoleon Hubert
and James Boyd. Some of these have
been compelled to move off their farms
and practically give them up to the
ravages of the river after having
moved their residences back from the
bank repeatedly.
IF that river cuts thru the clay bank
into the old lake bed" said Mr.. Jauron,
then goodbye Lakeport township, for
believe it will not only cover the 1000
acres of the lake, but will destroy thou
sands of acres besides"
The lake bed IN question has been in
litigation for some months, and If the
river should slip in and take possession
of the 1000 acres the parties to the le-
gal controversy will no doubt feel
somewhat chagrined. For good many
years the spot was lake filled with
water. AS 1t receded, the landowners
whose land abutted the lake claimed
the land which had been left, on the
ground that it was originally part OF
the river bed. They added the lands to
their several farms.
w. l.. Ogden commenced an action In
the district court to obtain possession
of the entire 1000 acres after the water
had left 1t and the farmers had cult
waited it. His claim was that he held
title to 1T from railroad company, that
the land was swamp land and as such
had passed from the state to the coun-
ty and to the railroad company, and
then was decided to him. The district
court held against him and dismissed
his petition.
The evidence showed that the river
must have passed thru that place at tho
time of the Lewis and Clark expedition
it having been the channel of the river.
1t was shown also that the government
lad never surveyed 1t. There were
UWeHly-SlA ueIGIludHlS. WHO are the 1Q-
jacent landowners, and they are now
fighting Ogden's appeal to the supreme
court.
Thomas F. Griffin, of Sullivan 6
Griffin, who represented the landowners
in the suit and is familiar with the con-
ditions. said that he knew the river was
dangerous near the north end of the
lake bed.
I'm 1881" said Mr.. Griffin, "the river
came over the bank into the old bed
and stayed there nearly ten years. Then
the south end, which is near another
bend of the river, was in good condi-
ton. and the river was prevented from
flowing over the south bank and form
ing new channel. Now, however, the
south end is much nearer the river and
is in such shape that / believe the river
would flow right thru the land and form
permanent channel there. 1t would
be strange If the river should now go
back to a channel which it deserted a
half century ago"