The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-10-29
ORDER IN LAKE CASE
JUDGE QUINN RENDERS HIS DE-
CISION; THE POINTS.
Recites the Findings of Fact and Says
the County Board Is Only DESTROYS
of Doing That Which the Law En-
joins Upon It; Body of Water Can
Be Brought Up to Its Level.

Judge Quinn last evening filed his
decision in the Jackson lake dam case
finding in favor of the county of Blue
Earth, and upholding the action of the
county board in taking steps to have
Ia permanent dam constructed at the
outlet of the lake, near Amboy.
The action was brought by Thone A.
Stenberg against the county of Blue
Earth, August Wendt and William Tip
Ter, to restrain, the construction of the
proposed dam. The case was tried
before judge Quinn Sept. 8, w. R. Ged,
des and Frank Z. Putnam, the latter
of Blue Earth, appearing for the plain
tiff, and county attorney Plymat and
s. B. Wilson for the defendants.
In his decision, the court finds the
following, among the findings of fact:
at appears that the country about
Jackson lake has been settled for more
than fifty years, during which time the
lake has been used by the public for
fishing, hunting and boating, and for
several years last past as resort for
outing, camping and pleasure seeking
parties. During the greater portion of
these years the outlet in question has
been the cause of an almost constant
turmoil in this otherwise TRANQUIL
community. There seems to have been
on the one hand most persistent eff
fort to interfere with and lower this
outlet, and upon the other hand to
refill or even raise the same. These
acts at times for personal advantage,
at others in spirit of resentment, were
of such frequent occurrence and car
ried to such an extent that it is at
this time next to impossible to deter
mine the natural condition of this
outlet or what it's condition at this
time would be had it never been tam
pered with.
at is clear that the county board
is only DESTROYS of doing that which
the law tnjoins upon it, and with
this purpose only in view it has under
taken to put such dam across the
outlet in question as will raise the wa
ter in the lake some eighteen inches
or to its usual stage. With such a
dam in the outlet, and the water in the
lake on a level with the top of the
same, the water of the lake in the deep
est parts would be not more than -four
or five feet deep while if the outlet
be left in its present condition the
200 acres of lake bed will remain in
worthless condition, nor will the
large marsh of 400 acres in question
be of any practical value for agricul-
tural purposes except perhaps for short
periods between the wet and dry sea
sons of the year, when some of the
vegetation might be used for pastur-
age. Were the water of the lake
on level with the top of the pro.
posed dam, it would still be six inches
below the general level of the marsh
This being true it is difficult to under.
stand how the proposed dam could
very materially injure the PLAINTIFF
marsh, especially, when we consider
that at the time of the trial, with nc
dam in the outlet and no water run
ming through the channel or inlet be-
tween the marsh and the lake, there
was standing water on the lowest por-
tions of the marsh"
The court is of the opinion that it
sufficiently appears from the testimony
that the water in jackson lake, if
raised to the level of the top of the
proposed dam would not exceed the line
between riparian owner and the pub.
lie Tor high water mark, and that
the county board may take such
steps as are necessary to maintain the
water in said lake at it's natural and
usual height and level.
County Surveyor Brooks will proceed
to carry out the instructions of the
board and prepare plans and specifca-
tions for concrete dam.