The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-10-01
Albert Hagerla, Through keokuk Attorneys,
Brought Injunction Suit Against Water Pow
er Company in Carthage Court.
RIGHT TO CONDEMN land IS DOUBTED
Company Has Not the Right of Eminent Domain Accord
ing to Hagera, Who Explains it in
Lengthy Petition.

devoted to a general description of |
the dam that is being built and the
progress that has been made up to
the present time in construction work.
The several following paragraphs
follow:
Your orator further ayers that the
building of the said dam is wholly
unauthorized and the defendants are
acting without any grant whatsoever,
of right of franchise to do SO. The
defendants have mere naked
assent of the congress of the United
States, that they may build the dam
proposed to be built and now in
course of construction, upon condition
that they obtain grants to do SO from
the state of Illinois and from the
state of Iowa, and upon condition
that they shall not impair the nav
liability of the Mississippi river.
your orator further AYERS that the
defendants, have not, nor has either
of them, a grant from the state of
Illinois, of any right or franchise to
build the said dam, and the defend
oAtoy cAQ OdS1 vi iaCLiS oiC ia LIZ 49,
of building the said dam unlawfully
and without the grant of any right or
authority from state so to do, to them
or to either of them.
Your orator AYERS that the de-
PENDANTS have not a grant from the
state of Iowa of any right to build
said dam, and the defendants, and
each of them, are in the act of build
ing the said dam unlawfully.n
Law Is Quoted.
| The petition then deals with the
Hagerla property in Green Bay, set
| ting out description of same, telling
of the changes that will be brought
about when the dam is built. The Pc
tition says that the overlooking of the
real estate which will result from the
maintenance of the dam will deprive
Hagerla of the possession and will
be a trespass thereon, that will, if it
be continued, ripen into an easement
| and from which he will suffer an ir-
reparable injury. Such taking will
be one for private use, in contraven-
i ton of the provision of the constitu-
i ton of the state of Iowa and the state
of Illinois. The following is quoted
from the Iowa code: private prop
erty shall not be taken for public uses
| without just compensation first being
made" From the Illinois to quote:
4 Private property shall not be taken
or damaged for public use without
just compensation"
Il 1t is claimed in the petition that the
. Water Power Company has not the
: right to condemn land under the fed
eral statutes because the government
does not authorize corporations to
do SO unless needed for river and har
. Dor improvement, the same to be con
veyed to the United States free OF
cost. The plaintiff complains that
this act does not include the erection
/ and maintenance of dam upon the
, Mississippi river, and that it is mo-
/ within the power of the state of Iowa
to authorize unless upon a joint agree
ment and authority with the state O
| Illinois.
Denies Right to Condemn.
7 That the company has a right t
, condemn under Chapters 8 and 4 0
title 10 of the code of 1897 is ais
denied because of the provision of tn
former chapter Section 1893, accord
ing to the petition, authorizes sue
: corporations to let, lease Or sell an
, convey any portion of water suppl
: and any of the buildings, factories
mills that shall be agreed upon be
tween the parties and If the land !
thus taken for such purpose it will b
e taken for private and not public pun