Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-04-04
Cummings Amendment to Law
Gives Marshalltown Power to
Build and Maintain
NEW LAW IN IMMEDIATE FORCE
Old Law Gave City Right to Con-
denim Land for Water Works Pur-
poses, But Not to Build Dam to
Protect Supply-WIl Have to Pay
Damages to Property Affected,

The legislature has passed special
least one city in Iowa, Marshalltown,
In an amendment to the old law, pre-
pared by Representative b. F. Cum
mngs, which grants city the right to
construct dam in non navigable
streams, in order to protect water sup
plies The act in question affects this
city in that it establishes the city's
right to build and maintain a dam in
the Iowa river, in order that the city's
water supply may be protected. The
law, deemed of immediate Importance,
is In effect and in force now, upon its
official publication. The amendment
to the section of the old law is as fol-
lows:
An act to amend section seven hum
dred and twenty-five G22) of the Code,
relative to the condemnation of prop
erty by cities and towns for the pur-
pose of constructing and maintaining
dams across the waters and water
voirs and sources of water to supply
water works or plants.
BE it enacted by the general assem-
bly, of the state of Iowa:
"Section /. That section seven hum
bred and twenty (722 of the code
be amended by inserting after the word
plants in the third line of said section
the words and characters as follows:
and for the purpose of constructing
and maintaining dams across the non
navigable waters and water courses OF
the state in forming reservoirs anA
sources of water to supply such water
works and plants
section g This act being deemed CT
immediate Importance, shall take effect
and be In force from and after the date
Of it's publication.
Will Have to Pay Damages. aa
1t is understood that while the new
law gives the city a right to construct
a. dam in the Iowa river at this point,
it will have to pay the damages accru-
Il ing to property affected up the river.
by usual proceedings. The old law
t, gave the city a right to condemn land
for water works purposes, but 1t did
not have the right to build dam and
throw the water on property up the
river. Under the old law George w.
LaPlant, the Allen Land & Loan Com
pany, Councilman John A. Sieg, l. N.
Long, Anton Estel James Andrews and
others owning land UP the river,
brought action against the city, en-
joining them from maintaining the
dam. The dam was purchased by these
NnI1 rott or
Bros, for $4,000. with the idea that it
would be destroyed. This action was
barred by the city, which enjoined the
plaintiffs from removing the dam. Ma
| ture, however, has since taken its
| course, and the dam is no longer in
existence.
| AS the city maintains that a dam on
| the river at or near Center street is
absolutely necessary for the protection
| of the present water system, 1t will
now have the right to put in the old
dam. or build new one, as it sees fit.
The Improvement will be an expensive
| one, however, as the property north of
| the city will have to be settled for, be-
sides the cost of building the dam,
which will probably be $4,000 or $4,000.
| II has been the idea of many of the
council that new dam, providing one
is built, should be of concrete, and of
sufficient strength to Withstand the
ravages of high water in the spring.
Just where it would be built has not
been determined, but in all probability
the logical point would be little far
Their down stream from where the old
dam stood, and short distance above
where the pipes from the reservoir
cross the river to the pumping sta
ton.