The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-10-31

ing establishment employing numer.
GUS employees and utilizing in manu- T
acturing large quantities of raw ma
terial. Its said real estate and plant
is situated upon the bottom land ~
ing along the Mississippi River, or
the Des Moines Rapids Canal there
OF, next to and abutting upon the
bluff, some 1875 feet or more in height
above the road aforesaid, upon and
beyond which lies the plated portion
of the City of Keokuk, in which is
situated the commercial and financial
business Of the said City and Rail-
road Depot OF the Chicago. Burlington
& Quinly railroad. The only means OF
communication between plainJ1s
said manufacturing establishment
and the aforesaid commercial and f.
nancial portion Of the City of Keokuk
and the freight depot Of the Chicago,
Burlington & Quincy railorad COM
pany and freight depots of other rail
roads having depots in the City of
Keokuk, by means OF horse and wag-
on, automobiles, or other vehicles for
the transportation of merchandise or
passenger, lies over the road afore-
said to the foot of and over what 1t
known as Anschutz Hill Road to the
plated portion of the City of Keokuk
as aforesaid, and bA the obstruction
OF the said road, plaintiff will be en-
tirely cut off Of means OF access to
its said plant and vice versa for the
transportation of it's manufactured
products to and from the portion OF
!, the plated portion of the city OF keo'
kuk and the freight aepots OF all the
railroads having such depots in said
city.
The encroachment upon and OBJ
structions placed upon the said road
lying south of plaintiffs real estate
aforesaid has wholly prevented the
public, including the plaintiff from ex
ercising and using their anu its rights
to said road as a public highway. The
encroachments made by the sale
Mississippi River Power Company up
on the portion of said road lying
north of plaintiffs real estate, afore
said, to-wit: the bitches cut across
same, have seriously interefered will
the public and plaintiffs use of sale
road as a public highway and ha!
made same almost impossible fol
plaintiffs use as highway for haul
ing with team and wagon and travel
ing over same with automobiles O
other vehicles to and from it's sail
manufacturing plant and the plated
portion of the City Of Keokuk, a
aforesaid.
The defendant, the Mississippi Riy
er Power Company, has threatene'
and still threatens to make furthe
road aforesaid both south of ant
north of plaintiffs said real estate
to-wit: it has threatened to and de
clares it will erect across the SAT-
road concrete walls, or dyke, to b.
ten to twelve feet or more in heighth
and plaintiff is afraid that said dc
PENDANT will carry out its said threa
and will undertake to erect such wall
or dyke, If not prevented by this hor
orable court. Such walls or dyk
would wholly destroy the said roa
as a public highway for the use c
the general public, including tn
plaintiff, and would wholly shut i
plaintiffs manufacturing establish
ment upon its aforesaid real esitat
without inlet or outlet to or froI
same, and for plaintiff from the Al
shhutz Hill road and thus from tn
plated portion of the City of Keoku
!, as aforesaid.
Plaintiff AYERS that the defendan
> Mississippi River Power Company,
entering upon and erecting and pla
ing obstruction and erections afor
said upon said road is acting unlay
!. fully and is trespasser upon til
rights of the public and Of plainti
in and TO the said road as publ
highway. The said SPECIAL ord
!, nance No. SO, aforesaid is gif
grant or conveyance by City of Ke
kuk to the assignor of the defendan
Mississippi River Power Company, t
wit: the Keokuk and Hamilton w
ter Power Company of said road
null and void, and was adopted /
. the City Council of the defendan
;, City of Keokuk, without right. a
> thority or power SO to do. The sal
: road belongs to the public, and tt
defendant City of Keokuk, holds Il
legal title thereto, as trustee in tru
: for the public, including plaintiff. TIL
> defendant, City Of Keokuk. In unde
taking to give and grant the sal
: road to the Keokuk and Hamilto
Water Power Company it's succe