Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-05-02
Local Comment

Since the dam cases have been re-
vived this week, it will be well for the
public to discuss the matter with the
councilmen. The mayor recites that
nearly $4,000 have been invested IN
mill property, new dam and litigation
and he thinks that the city should con-
denim the dam so as to own 1t and Its
water power, which he estimates as
worth at least $500 per year. In this
way the city would have something to
show for its investment. Since the
mayor has favored every move made
by the council under Mr.. Van Laws
advice to the water works committee,
there is no controversy as to- wh9{e has
been done. The difference of opinion
arises as to the next step. Mr.. Van
Law objects to condemning now for
the reason that it would start another
law suit with eight already pending,
and that it would open up the posi-
bility of the city being sued for dam
ages to the farm land along the river
above the dam, which might aggregate
SIZE, 900 to 100000 in the claims which
Industrious attorneys would present
for litigation. He contends that the
city's purpose in this litigation has
been to prevent the attempted de-
struction Of the dam so as to preserve
its water supply in the city wells. This
has been accomplished in the supreme
court and the city's right to maintain
the dam is in force. 1t costs nothing
additional to sit down and wait I'M
til Mr.. LaPlant gets tired of owning
a useless dam. He admits that the
water power is worth something and
he has advised the water works COM
mittee to buy it at a reasonable price.
He objects, however, to the mayors
estimate Of $500 to $1,000 for its annual
valuation would assist LaPlant to
capitalize the earning power Of his
dam at ten per cent and justify a
price of $4,000 to $4,000 for his dam.
Van Law believes the city is now in a
good position to sit down and wait for
fair and reasonable offer from La
Plant Mr.. Van Law says that this
is just what was going on without
dollar of extra expense to the city UNI
til Mr.. Boardman Joined in an effort
to magnify the expense of this litiga-
ton by threats of separate trials for
every case and immediate hearings for
the sake of the campaign argument it
would stir up as to fees. U
On the point of fees the mayor points
out that this dam litigation has cost
the city some $3.50 for Van Laws
fees, and he wants a contract made
which will put limit on what Van
Law and City Attorney Northup are
to get out Of it henceforth. In this
the mayor is right, regardless of
whether he is playing politics or not.
Van Law says, however, that on Nov. 8,
1906, he offered to take all this liti-
cation for flat sum of s1,750 If set
tied, and $4,000 if tried thru the dis
trict court. The water works commit
tee chose a per diem basis in prefer
ence, thinking that settlement would
have been reached long ago, as there
have been such negotiations in prog
ress all the time. His offer to the wa
ter works committee still stands and
should be accepted. 1t will comply
with the mayors demand for a limit
upon the fees and will remove the
temptation to make this dam litigation
expensive Ill OIuSI W OONA1 cAA Law
about his fees during the campaign.
The city has built new dam at an
expense of $4,000, because when the
former mill owners abandoned it the
city was compelled to pay the cost OF
1t, since it had insisted up
on the right to do so. Its water supply
has been protected. The $500 paid
for the mill property included house
and lot valued at $500. which should
be sold The mill machinery and build
ing can be sold for something, and
should be. If flood gates were put in
the dam, SO as to let the water thru in
the spring Of the year. when the land
above needs draining, La Plant ought
10 settle for q fair price. Now that the
tight between rival Ice companies Is