Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-12-14

| 1899, making an appropriation for tins
construction, repair and preservation
| of certain public works on rivers md
harbors and for Other purposes, forbids
the construction of any dam in any
navigabIe river or other navigable
water of the United States. without
the approval OF the United States
chief of engineers and secretary of
war
THE state claimed that the Des-
PLANES river was. at the time of the
enactment Of each of these statutes of
the United States a navigable stream,
and a nayigable water of the United
States. and as such, was preserved for
the use of the people of the state of
Illinois and the people of all the states
of the United States as a public high
way by these statutes OF the United
States: and that the state Of Illinois
held the right, title and privilege of
the easement of navigation therein for
the whole people. The decision of the
Illionis supreme court was against this
claim Of right under the federal
statutes.
State Wins Point in Litigation.
"The decision of the Illinois SUI
preme court in the Dresden Heights
case was favorable to the state in one
important respect. 1t holds that the
lease to the Economy Light and Pow
er company under which the company
is attemp.in to develop water power.
is a lease for twenty years only, %
which about FIVE years have already
elapsed. and not a perpetual lease as
1.-THE necessity for the purchase
through condemnation proceedings of
the rights of the Economy Light and
Power company. should it finally arise,
would not. therefore, furnish an in
surmountable obstacle to the carrying
out of the states plans. In fact, in the
estimates of cost made by the in
ternal improvement commission, this
contingency was taken into considera-
ton and was presented to the people
before they voted on the constitution
al amendment. And the same is true
OF such other private claims as the
state might need to purchase in order
to obtain full control and ownership
of the water power. They do not pre-
vent the success of the enterprise.
Notwithstanding this. however,
nothing could be more certain than
that the state will lose by delay,
which is almost sure to increase cost,
invite further legal complications
through the attempted vesting of 9TH
er private rights. and may ultimately
endanger control by the state of this
great income producing property whose
revenue will speedily repay the cost
of waterway construction and afford a
large annual income to the treasury.
Delay on Project Means Waste.
"I am therefore thoroughly con-
WINGED that it is our duty as a state to
proceed with this enterprise. The $780,
100000 of waterway bonds have pro
vided the means of raising the neces-
sary funds and the power to expend
this money merely lies dormant until
it shall be awakened into life by the
present or some succeeding general as,
sembly. The problem of providing for
its wise expenditure has been confid-
ed by the people of Illinois to the pres
ent general assembly and it is it's duty
to meet that problem, not to shirk it
or pass it on to some succeeding ses-
sion.
There can be no excuse found for
not meeting this responsibility. 1t
will be met by the present general as
sembly if it is regardful of the public
interest in this great undertakings
which. looked at from any point of
view, is not only a certain source Of
benefit to the state so far as its water
power features are concerned, but also
in the future commercial benefits con-
ferred by the extension of the deep wa
terway from Lake Michigan through
our state to the Mississippi river.
which will follow the completion OF
this channel
Consider what it would mean to ILL.,
nois Industries If the revenues from
water power were devoted to the ex-
tension Of navigable conditions in Hi.
nois waterways. At present we have
$40 miles of navigable waterways In