The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1903-11-27
Farmers Bring Suits.

Two suits for injunction and dam
ages, have been brought in the
district court against the Spokane
Valley Land 4 Water company, by
residents owning property bordering
on Fish lake and Fish lake creek, or
Mill creek, as It is sometimes termed.
These suits are the, result OF incon-
veniences caused the plaintiffs by the
action o! the company obstructlng
the natural flow OF the water from
the lake, causing the water In the
lake to rise and the creek to 80 dry.
One suit is by Warren A. Hart
Sarah J. Meldcr and Henry Melder,
her husband, Chas. l.. Hoffman and
Stella Il. Heitman, husband and wife,
Root. Dunn, Isaac Camp, Geo. w.
Beckman, Richard II. Bates. O. b.
Masterson and Edwin j. Young,
plaintiffs. Versus, The Spokane
Valley Land s. Water company, a
corporation, defendant. The plain
titfs allege that they own land border
Ing on Fish lake, which they describe
as an irregular body Of water II miles
long by about 4 mile wide, navigable
In a picturesque country, fed BY
springs, and discharRing its waters
through Fish Lake creek. The land
Is very valuable. The plaintiffs
Jointly allege that the defendent has
constructed dam across said creek
at or near the outlet, which it has
deepened, completely shutting back
the water, causing II to rise five feet
above ordinary height, Overlooking
their lands, then permitting 1t to
flow out In great quantities, causing
the water to lower three feet below
ordinary height, leaving mud hank,
and quantities of fish stranded to die
and decay in ponds Of stagnant water
causing danger TO health by disease,
and causing the land to depreciate in
value more than one half. They
allege that the cottouwouds and other
trees which fringe the banks, are en-
dangered, and the lake made useless
for navigation. The dcfendent Is
alleged to be nonresident and insol.
vent and damages could not bt
collected. The plaintiffs therefore
ask the court to issue a perpetual in
junction, restraining the defenden'
from interfering with the natura
conditions of the lake, and compellin,
the removal Of the dam, etc. Alder
Allen is attorney for the plaintiffs.
The other suit is brought by Thorn
as Brophy. whose land is situated
one half mile from the lower end o
Fish lake, The plaintiff alleges tina
he has resided on said land since 1880
and has used the water OF Fish LAX,
creek for his stock, household, ant
for catching mountain trout ant
other fish, and has found the uses o
said creek, of great benefit, 'comfor
and value to him. The plaintiff
further alleges that the defendant
has. without right, constructed |
dam across the outlet of the lake
shutting Off the water completely,
for long periods OF time and ther
allowing it to flow IN great quaint
ties. In this manner the plaintiff
has been deprived of the water ant
fish were left to die and decay II
great numbers on his land, making I
unhealthy and uncomfortable. Tn,
plaintiff was put to great expense Il
haul water for stock and household
Plaintiff alleges that the stream. II
its natural condition, is regular II
flow and never falling, that the act
ion OF the defendant, il continued
will become great public nuisance
and be Of great injury and damage Il
plaintiff, and to the amount OF ST..
900 annually. The plaintiff ask
that the defendant be enjoined as II
the, other suit. Albert Allen is at
torney for plaintiff.