Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-08-18
TAcITUs HUssEY TAkEssA STAND
AGAINST THE MEEK DAM,
MENTIONS coURlER'S ARTICLE
Says News Letter Published in This
Paper August s Contained Argument
on the Side Of the sportsmen of Iowa
Who Want Fishway in Dam.

Tacitus Hussey, of Des Moines.
lowa's poet-sportsman and the natural
enemy of all who would prefer to see
| the Meek dam at Bonaparte remain
dam without fishway, has chosen
to see in news story which appeared
in the Courier of August 8, series of
arguments in favor of the stand taken
| by the fishermen of Iowa who want to
see either fishway or the entire de-
struction of the dam. The story, pub
llshed in the Courier, contained de-
scription of the dam as it is since the
damage was done it by the high water
and also history of the years of law
suit and continual wrangling between
the fishermen along the upper Des
Moines and the Meek brothers who
own the dam.
Mr.. Hussey, in an open letter, which
was published in Sundays Des Moines
Register and Leader, calls attention to
this article and urges the sportsmen
of Iowa to join him in his campaign
for fishway in the dam. He says:
To the Fishermen of 1owa-Greet-
zig: Section 254S of the code of Iowa,
1897. reads as follows:
Fish and Ways-No dam or OBJ
struction across any river, stream or
erected or maintained which is not
provided with fishway Of suitable
| passage and facility to allow the pas
sage for fish up and down the same
while the water is running over such
dam or obstruction. Any dam or OBJ
struction which is not SO constructed
is public nuisance and may be abated
accordingly. A violation of this section
| is misdemeanor, and in addition to
the remedy in this section provided,
the offender may be punished with
| fine of not less than one hundred dol
lars, or Imprisonment in the county
Jail not less than fifteen days nor
more than thirty days"
A Question.
| In view Of this section of the code
of 1897, can the Meek Brothers of
Bonaparte, who have for the past third
of a century violated the law by main
tanning" dam without a fishway, at
Bonaparte, rebuild their ruined dam?
Law" when spiced with valuable
considerations" may be twisted almost
any way to suit interested parties; but
| this section reads so plain and
straightforward that a child might I'M
derstand and interpret it's meaning.
The strings of game fish carried about
the streets of Des Moines, daily, tell
the story of the broken dam at Bona
parte, better than the pen or pencil.
For the first time since the steam
boat locks were closed,never again to
i open at Bonaparte, the finny tribe has
had free access to the upper rivers.
i Good Fishing Months.
The writer predicts that during the
months of September and October,
there will be better fishing in the Des
Moines and its tributaries than there
has been for the last thirty years.
! Why? Because there has been COM
munication established between the
Mississippi, the source of supplies, and
the head waters of our many streams
touched by the Des Moines river. The
Meek Brothers claim to have bought
the 'bed of the river" Our leading
lawyers say that the river bed is 'tem-
inent domain" and that there is no au-
thority which could give good and
; sufficient title. All the Meek Brothers
are entitled to is the spot upon which
their dam rests, and the use of the
water as it flows down to the Missis-
lsippi The people living above have
as much right to riparian privileges as
they; and dam of other obstruction
without good and sufficient passage
for the fish in spawning season, and
later, if they desire to return to the
mississippi, is a nuisance" to be abat-
ed in the manner prescribed by law.
Just as well fence the upper air in
order to precent the migratory birds
southern instructive flights.
| The courler's Article.
The Ottumwa Courier of August 8,
/ 1908, in very complete history of the
Bonaparte dam, emphasizes a point
which would have been taken up by
the fishermen had not the condemna-
tory act of the last legislature passed
so unanimously. 1t is this: In the
Meeks' contract with the state authori-
ties of whom they bought the $4,000
dam for the pitiful sum of 5000, it was
stipulated in the deed that the buyers
should forever keep the dam in re.
pair. This is construed to mean the
locks, ETC., which afforded at certain
seasons a passage way for the fish.
This contract has not been lived up to,
it is claimed, or there would not now