Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-17
OVERFLOW LEGAL
TANGLES INCREASE
COUNTY ASSISTS sETTLERs AND
POWER COMPANY THREAT.
EMS INJUNCTION.
Company Starts Condemnation Pro-
ceedings In Federal Court.

The decision OF tho county to take
. hand in the controversy between
the settlers along the 81. Joe, st.
Marles and Occur d'Alene rivers and
the Washington Water Power COM
pany was made apparent when the
county commissioners appropriated
$1,000 and placed It IN the bank sub
Ieet to check OF William Trueman for
use In defraying the expenses Of the
interyenors hearing. The appropria-
tion was made on the ground that
the Washington Water Power COM
pany's dam at Post Falls maintains
menace to the public health, the
removal OF which dam IL sought TO
prevent contamination Of the waters
OF Occur d'Alene lake from which the
towns OF Occur d'AIene and Harrison
secure their water supply: and the
restoration 20 the list Of taxable
property Of Kootenai county OF some
10000 acres of bottom lands now
overfiowed by backed up water along
the Occur d'Alene, 81. Joe and So.
Maries rivers. valued approximately
at 100000 by experts. Thla APP
preparation Is the FIRST tangible lndi-
cation that the lnteryenors are to re-
ceive positive and financial assistance
from the county authorities in their
efforts to recover their lands by tho
removal OF the dam at Post Falls.
Coupled with the afIidavits OF the
city and county physicians aud the
appeal to the state board OF health,
II is evident the lnteryanors' line OF
defense will include the dams al
legged jeopardy to public health on the
basis of which not only county but
state aid will be invoked 20 secure
the removal of the dam.
II Is reported that the Water Pow
er company will fight this appropria-
tiOn on the & round that It was made
without authority OF law and is H.
legal. by asking for an injunction 10
stop the payment Of the money. At
torneys for the company state that
! no steps have so far been taken to-
ward securing restraining order.
Condemnation Proceedings.
Pursuant to Judge Dunn's recent
: order requiring the Washington Wat
? er Power company 10 proceed TO
final issue in itB condemnation pro-
: ceedings 20 establish whether It has
the power of eminent domain. the
: company has filed condemnation pro-
eeedings against the settlers whose
{ lands are affected along tho st. Joe.
: St, Maries and Occur d'Alene rivers
. and around Occur d'Alene lake. Ia
I the federal court at Moscow.
e These proceedings have been com
d menced in the federal court for two
9 alleged reasonB--hrBt. because the
parties TO the suit are citizens OF
different states; and second. be-
cause OF bias In KooteaaI county.
i There now seems 10 be n genuine
desire on the part OF the Washing
u ton Water Power company Bquarely
n to meet the issues involved In these
i overflow cases and bring TO settle
r. ment all questions arising from the
existence Of the dam at Post Falls.
T. The settlers claim that heretofore
i the policy of the company has been
= 20 wear them out by long. expensive
Is suits In tn ecourts and by various
other methods delayed settlements
The opinion Is prevalent here among
disinterested attorneys that the COM
= pany has suffered from mismanAge-
u ment and bad counsel by erecting the
1. dam and practically eonhseating the
e. settlers lands BY overlooking before
o. paying for them.
IN To such an extent does this opln-
III ion prevail that public sympathy for
ID the settlers has been thoroughly
IN aroused not only In Kotenai county.
v buto some extent among the Official
leircles In the state.