The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1909-11-27
KIMBALL SEEKS
$4,000 THIS TIME
SAYS THAT CITY HAS DESTROYED MS
IRON MlNE. THEREFOR NE
sTARTsINJuNcTlON PROCEEDINGS
Seeks to Stop the City From Usins the
Power Dsm-pspsn served on
Officsn This week.

The contest 10 on in earnest. Ray
Kimball has again locked horns with
the City Of Crystal Falls and the fight
this time Is to be to the death. Either
the city will be mulcted OF handsome
sum OF money and Kimball dictate the
terms Of surrender or Kimball will be
put ont OF the milking business once
and for all time and with him will be
determined the status OF the other land
owners whose property is alleged to
have been damaged by the backing mp
OF the water.
The city has been at work all sum-
mer perfecting It's case. A crew Of
engineers has been making careful
surveys Of the river and taking obser-
vations Of the water In all it's stages
high, low and medium. Tboy have
reduced their observations 10 drawing
and writings and the plats are just a.
bout ready for the city's counsel
1t Is generally understood that the
idea Is to condemn the property affect
ed 20 that the matter will be settled
for all time,
But. Mr.. Kimball is not to be caught
mapping. He took the initiative and
hled q suit this week asking that the
city be enjoined from further using the
power dam and reciting that he has
been injured to the extent OF $50. 600.
He asks the city 10 recompense him for
his loss
The case Is brought by Mr.. Kim
balls attorney. Mr.. George Power of
Menominee, who was also his counsel
In the last case.
Mr.. Kimball's last damage claim
was focused about the timber that was
destroyed by the flooding Of his land.
Over 800. 600 feet Of timber. valuable as
mahogany. was stunted In growth and
he denied the profit he might have
reaped from IL by the flooding OF his
land. OF course there WIS a car of
mill stuff. some- buildings. etc but the
timber was the big item.
That timber has all been paid for.
The 81. 500 sufiiced to liquidate that
claim along with his barns. hen coops.
etc. II was thus mp TO Mr.. Kimball TO
find some new article TO be damaged
else the judgement wouldu't amount
10 much.
He was not long in solving that
difficulty for by means of churn drill
hole, which he had put down on his
land last spring. he claims 10 have
found that the river bank at that par
ticluar spot is underlain with high
grade OF iron ore that he Is prevented
from winning that ore for the reason
that the city's power dam floods the
land and would drown out anyone who
attempted TO sink shaft.
This iron ore that underlies the land
Is the item that looms up largest in
the $50. 600 claim.
BY eoioining the city from using the
power dam he figures thai the food
will be let Oft and he can then go ahead
and open mp his iron mine. or course
the good people OF the city would have
10 dig mp their kerosene lamps again
but that Is q second consideration when
A-there Is any iron ore In sight
However. the city has not been sleep
ing. The present council is wide a.
wake and has been preparing for these
moves all Summer. IL Ia expected that.
at the next council meeting. the platu
will be ready and then the exact n
mount of damage that each person
along the river bank has suffered will
be determined and the city will tender
each that amount. Failing TO find
response from the property owner. pro-
ceed ings for the condemnation of the
land will be commenced and with the
data at hand the chances are that the
property owners will be money out by
refusing the offer 10 he made them by
the city.
~Ihis is the exact condition Of affairs
To-day. The batttle Is on and II prom
ises 10 be an interesting one. Its pro-
gress will be watched with interest by
every tax payer in the city.
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r.