The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-09-15
Federal, and State Statutes on a Sub
ject In Which the Green Bay
Farmers Are Considerably
Interested.
THE RIGHT TO CONDEMN
Special Act by Congress to Cover the
Wants Of the Company Building
the keokuk and HamII-
ton Dam.

The matter Of the right of emf
nent domain by the Mississippi Riv-
er Power Co. being of general inter-
est we give below the federal and
Iowa laws regarding it.
In the early days of the promotion
OF the great dam now building by
the M. R. Power Co., the capitalists
investigating the project expressed
themselves satisfied with the emf
nent domain law of Iowa, but that
of Illinois did not suit them to, the
last dotting of an /. Then the Keo-
kuk and Hamilton Water Power
company-the promoting company
asked what was desired. In answer
to this the Capitalists referred the
question to prominent eastern law
yer. who decided that the matter
could best be covered for his clients
by federal enactment and drew up
an act, which act was put through
congress at the instigation of the
Keokuk and Hamilton Water Power
company without changing syllable
of the draft prepared in New York or
Boston.
The Federal Law.
That federal statue, drawn to mt
this especial case. reads as follows:
THAT an act entitled, An act au-
thorfzlng the condemnation of lands
of easements needed in connection
with works of river and harbor i'm
provements at the expense of per-
sons, companies or corporations, ap-
proved May is, 1906 be amended SO
as to read as follows:
THAT whenever any person, com
pany or corporation, municipal OF
private, shall undertake to secure
any land or easement therein need
ed in connection with --or. of river
and harbor improvement, duly au
thorized by congress. for the purpose
of conveying the same to the United
States free of cost, or for the pur
pose of constructing, maintaining
and operating locks, dry docks OF
other works to be conveyed to the
United States free of cost, and Of
constructing, maintaining and op
Grating dams for use in connection
Herewith, and shall be unable fol
any reason to obtain the same by
purchase and acquire valid title
thereto the secretary of war, in his
discretion, may cause proceedings te
be instituted in the name of the
; United States for the requirement
/ and condemnation of said lands, OF
g easement, and it shall be the duty Of
I the attorney general of the United
4 States to institute and conduct such
: proceedings upon the request of the
! secretary of war; provided, that al
expenses of said proceedings and
: any award that may be made there
under shall be paid by the said per
1 son, company or corporation, to Sc
: cure which payment the secretary Of
war may require the said person
. company or corporation to execute a
proper bond in such amount as he
may deem necessary before said pro
ceedings are commenced"
The above law was signed by the
president on June 90. 1909, and, as
is shown on its face, was designed
to make a previous act copper rivet
ted and alright, to fall back on in
case the state laws proved INSULT
cient.
The Iowa Law.
In chapter of the Iowa Code
Iva{ Ty,,v
ments,', section 1890 reads as fol
lows:
Section 1890. Any person, or any
corporation organized for the pur
nose of utilizing and improving any
water power within this state, or in
the streams lying upon the borders
thereof, may take and hold SO much
real estate as may be necessary for
the location, construction and con
yenient use of it's canals, conduits
mains and waterways. or other
means employed in the utilization OF
such water power and for the con.
struction of such buildings and their
appurtenances as may be required for
the purposes aforesaid. Such person
or corporation may also take, remove
and use, for the construction and re-
pair of its said canals, waterways
buildings and appurtenances, any
earth, gravel, stone, timber or other
materials on or from the land so ia
ken. Compensation shall be made for
the lands and materials SO taken and
used by such person or corporation
to the owner, in the manner provided
for taking private property for works
of Internal improvement"
While the federal statute seems
based on the idea of works in which
the government has some sort of in
terest, the title and first lines of the
Iowa law make water power to rur
machinery the central thought OF the
act. Section 1899 directs how the
condemnation is to be made through
sheriff's commission of six men.