Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1902-11-13
GAYLORD LOSES
DRAINAGE SUIT
Judge HiIscher OiSmisses Case
Against. Chicago Drain
age Trustees.
NO RIGHT TO DEVELOP POWER
Holds Use to Which II Was Proposed
to Put Privilege Sought to Be Ac-
quired Is Not in Accordance With
Public Policy.

Chicago, Nov. 10.-The Gaylord
syndicate has lost its suit against the
sanitary district of Chicago. In a de-
cision handed down Judge R. w. Hill.
cher, sitting in the Circuit court of
Will county, rIled that on the show
Ing made Gaylord and his associates
had no right to develop power caused
by the flow of the drainage canal, and
for this reason Gaylords petition for
condemnation was dismissed.
Judge Hilschers decision is short
but pointed. His ruling was based on
a contention that the waterway cannot
be converted to private uses.
The attorneys for the syndicate an
uounced that an appeal would be
taken to the Supreme court and that
an effort would be made to induce an
early ruling from that tribunal.
Gist of the Decision.
Judge Hilscher's decision was as
follows:
Il have not prepared an opinion dis
cussing the various questions raised
and the argument of this motion, for
the reason that the conclusion | have
reached renders it necessary that the
questions involved be submitted to the
Supreme court before any further
steps be taken III the proceedings. Ad-
hitting the constitutional right of Pc
titioners in proper case to take pri-
vate property by condemnation for a
grist mill and navigation purposes, in
order to make the case a proper one
the purpose of such taking must be for
public use.
1T is clearly the duty of the court
in this kind of a case to determine
whether the purpose of taking is for
public or private use. If the purchase
is in fact for private use, though un-
der cover OF pretense for public use.
then it is the duty of the court to deny
the exercise of the right of eminent
domain.
Dismisses the Suit.
After a careful consideration of the
petition and evidence and the author
ity cited as well as the mill act and
the sanitary district act and the we'll
known industrial conditions, of which
it is the duty of the court to take no.
tice, am led to the unavoidable con-
clusion that the purpose of the deter
mination as sought in this case is not
to acquire property for public use,
but is to acquire public property for q
private use.
Even If the public use be admitted,
| have the most serious doubt as to
whether the use to which it is pro-
posed to put the property sought to be
taken is not inconsistent with and de-
structive OF the public use for which
it was acquired and is held.
THE motion to dismiss will there
fore be sustained"
Belongs to the People.
The litigation involved the right of
the drainage board to develop the wat
er power at Lockport and Joliet for
public use. Concerning the matter
Trustee Baker said:
81 have never doubted that the
courts would sustain us in our conten-
ton that the water power of the drain
age board belonged to those who ere
ated it, the taxpayers of the city of
Chicago. feel sure that the Supreme
court will confirm the opinion of
Judge Hilscher."
During the progress of the suit
charges were made frequently that big
Chicago interests were supporting
Gaylord in his fight.