The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-18
SAY kAW Is NAvIGABLE.
Old River Men Testify in Federal
Court at Kansas City.

Kansas City, July 1&.-Testimony to
prove the Kaw river a IAavigable stream
was introduced by the government in
the federal court in Kansas City, Kan,
yesterday afternoon, where S. M. Brew
ster is sitting as a special master in
chancery in the suits filed by j. S.
Dean, United States district attorney,
to compel the Missouri Pacific and I'm
ion Pacific railway companies to raise
their bridges over the Kaw river in this
city.
Mr.. Dean is seeking to have the
bridges raised by asking that the rail-
way companies be enjoined from MAIN
tanning the present structures on the
grounds that they are SO low they form
an obstruction. The railway companies
alleged in their answers that the Kaw
was not a navigable stream and the
government did not, therefore, have jur-
isdiction.
Judge John c. Pollock of the Kan
sas federal court appointed Mr.. Brew
ster special master to take testimony.
If the river Is found not to be naviga-
BILE, the suits will be dropped. If it is
found to be navigable, a final hearing
of the Injunction will be had before
Judge Pollock on the question of wheth-
er the bridges are Instructions.
Captain William Young of the ferry
boat Annie Cade was the principal wit
ness examined He has been running
the early sos. He said the mouth of
the KaW river is tl1ree-fourths of mile
farther west now than it was when he
came to Kansas City in about 1856. He
said that in about 1853 and 1854, three
steamboats,, the names of which he did
not recall, carried freight on the Kaw.
A boat named the "E. Hensly" made
regular trips from Leavenworth to
Lawrence, and the "ExelP' also made
trips as far as Lawrence. These boats
carried about 800 tons and were 25 feet
by $50 feet. In those days the Kaw
was from 80 to 60 feet deep, he said
Captain Young had charge of the
Della, a gasoline boat which draws two
feet of water, on a trip made by the
Kaw Valley Commercial club of Ar
mourdale to Lawrence few weeks
ago. He was questioned about this
trip by j. S. Dean, United States dis
trict attorney.
s'Did you find any trouble in going
I'D the river?" asked Mr.. Dean.
YES At the Missouri Pacific bridge
we had to take the pilot house down
to get under because the structure of
the bridge is SO near the water"
"How was the river then?"
every low"
"How many trips did you make?'
1.-TWO; one to Edwardsville and one
| to Lawrence"
river as compared with the Missouri in
reference to navigation"
tAs good except for the low bridges
and piling."
''If the distractions were removed
could a steamboat go up the river as
! far as Argentine 2"
eyes, a 300-ton boat could so that
far"
"How close did the top of the Della
come to the iron work of the bridge
after the pilot house was removed?"
1.-THE wheel rises a foot above the
roof of the cabin and it almost rubbed
! the steel work of the bridge"
S. L. Moffett testified he had work
! ed about the Kaw river since 1855 and
many good sized boats had piled on it
during that time. His testimony in
many instances corroborated that of
| Captain Young as@to the steamboats,
tof the early days. He said were it not
| for tITe bridges gp6d sized boat could
| go up the Kaw river as far as Argel1-
| tine.
! A number of government engineers
will be examined. This afternoon the
| hearing will be- adjourned until next
month. The findings of the master
will be reported to the court in
tnefahar E-