The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-07
WHAT OF THE KAW
]. 8. Dean, U. 8. Attorney, Will
Try to Find Out.
Issues in Obstruction Case Are
Now Known.
MAY START 1T HERE.
Hinted That Criminal. Action
Will Be Commenced.
Upon 1t Hinges the Action of
Government.
MAY START 1T HERE.

United States Attorney John S. Dean
this morning received information
from the department of justice at
Washington that the issues are now
clearly understood upon which he, in
the name of the government, will at
tempt to have the Kaw river proven
navigable stream. Mr.. Dean then
made the announcement that he would
file suit, which would bring up all
the questions involved, in the United
States district court at Topeka within
the next 20 days, and probably before
Christmas.
1t has not been determined against
whom the suit will be brought. But
inasmuch as it will be filed in the dis
trict court shows that it will be at
tended by some charge of a criminal
nature, probably the obstruction of
the river by the industries doing bust
ness along its banks near Kansas City.
But the charge will not be to make
anyone in particular suffer for clog
ging up the river, but primarily and
specifically to find out whether the
river is navigable or not. If the lat
ular laws governing such streams will
of course be invoked to make it an
unmolested public highway.
Naturally the first question which
benefited?" That, according to Mr.
Dean, depends purely and simply upon
whatever facts the testimony will
bring forth. That only part of the
river will be declared navigable, if
any at all, is a foregone conclusion
Whether that part will extend up as
far or by Topeka will only be determ-
med by the facts which will be gath
cred from the report of expert engi-
neers who will be employed to inves-
tigate the conditions.
Should, however, only a few miles of
the river be held navigable, in the vi
cinity of Kansas City, at which place
the fight for an investigation is being
made, Topeka will at least be benefited
to the extent that the mouth of the
Kaw will be opened and thoroughly
so that the outlet for surplus water,
such as inundated Topeka during the
big flood, will be much enlarged.
Mr.. Dean is rather dubious about any
success in having the river declared
navigable. It don't know he said this
morning. 81 cannot say whether the
stream will be declared uncomfortable. I
do not believe that the widening of the
channel, if any is declared, will extend
up as far as this city.
"But remember" continued Mr.. Dean,
Il want it clearly understood that the
purpose of this suit is not to prevent
any future foundations along the river.
That is not the issue at all, and that is
what have made clear to the depart
ment of justice. The issue, 1 have in
formed the department at WaShingt ton, :.
is to find out whether or not the river
is navigable. That is the primary con-
Germ and the only concern of the law
suit which 1 intend to file within the
next 20 or 80 days. That matter is I'M
settled. 1 understand that at one time
the Kaw was clasSed with meanderable
streams That is what L want to see
definitely determined now, and that Is
what the Kansas City people have been
f1nd dOn6
through the medium of this law suit
which I have mentioned. 1t will proba-
bly, be brought against some one who
is obStructing the river, and will be
filed in the United States district court
in Topeka. l have not yet made up my
mind against whom the action would
be brought. 1 want to sue such parties
as in their defense, will bring out best,
all. of the questions which we wish TO
have settled, and principally that one
whether the Kaw is navigable or not, /
and how far up, and all facts pertaining
thereto"
OF itself, it does not mean that if
the Kaw is declared meanderable, that
it will be cleaned up and enlarged, as
a result of a decision of the court but
rather, it will pave the way for con-
have the river put into proper shape. |
That will solve the question of future
in all probability.
Another chimera must be diSpelled, |
give early relief. There is little ques-
ton that the case. which will be tried
probably here at Topeka, will consume
possibly two years in getting the neces-i
sary testimony. A long series of in
designations of the river will have to
be made by the engineers for that
purpose. They will have to make their |
reports, and then appear to give testi- !
mony on the witness stand. All in all
the United States attorneys Office can |
not see a final decision in the case
sooner than Is or "a months after it |
is fled.
1t is thought that the defendants in |
the suit will probably be the name of |
some firm doing business at the mouth !
of the Kaw near Kansas City, behind |
which all concerns, in like position, |
will be centered. An extraordinary |
law suit will without question be the |
result, for the defendants will natur- |
ally provide a strong array of at |
The government will, of |
course, be well represented.