The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-10-01

An action to enjoin the Keokuk |
and Hamilton Water Power Company
and the Mississippi River Power Com
pany from further work in building
the mile-wide dam across the Mis-
sissippi river at this point, was insti-
tuted in the circuit court at Car
thage, H., Saturday by Albert Hag-
erla, Green Bay farmer, against
whose land the Water Power Com
pany recently brought condemnation
proceedings. The petition, which is
an exhaustive one covering about
twenty typewriter pages, was drawn
by the legal firm of Hughes and Nc
Cold of Keokuk.
The bill at great length sets forth
all the charters, laws and constitution
of the states of Iowa and Illinois and
the acts of congress and claims none
of them confer any right OF eminent
domain. 1t says the companies are
private corporations for their own
private purposes. Hagerla proposes
to enjoin the present proceedings in
the county to condemn his land.
The prosecution is considered the
most serious litigation the Water Pow
er Company has faced since beginning
work on the dam. If prosecuted to
the end it will determine whether the
company has the right to condemn
land under either federal or state
acts. The legality of condemnation
proceedings against Hagerla under
the constitution of the United States
or under the Iowa state code is at
tackled, while the petitioner also
AYERS that what right the company
might have had is lost because work
of a preliminary nature was not COM
pIeted two years after the authorize
ton to do business was granted.
Appraise Farm This Week.
The injunction suit is one that will
be followed with great interest by
many Green Bay farmers. who have
been unable to reach an agreement
with the Water Power Company re-
garding the disposition of many acres
of valuable land on the Iowa side
which will be flooded unless the
proper protection is given. Thurs
day, October 5, of this week, is the
date which has been set for the
sheriff's commission to visit the Hag
erla farm for the purpose of apprais
Ing it.
The first few paragraphs of the pc
tition are devoted to defining the de
PENDANT corporations, the purpose be
ing to show that they were not organ
lied for the improvement of rivers
and harbors and thus do not receive
they had been formed for this end, as
the petition explains in succeeding
paragraphs. The purposes of the
Mississippi River Power Company are
TO construct, equip, operate, main
tain, and own dams, reservoirs, can
ais, power houses, lines for the trans
mission of electrical energy and al
hydro-electric or other work for tht
production, supply or distribution o
electricity; and also to own, con
struct, equip and operate all oth-
hydraulic and electrical works; ant
also bridges, viaducts, docks, wharyes
and any and all other works neces
sary or useful in connection with I'll.
O. the foregoing; and in aid of th'
foregoing objects to purchase or 9th
erwise acquire, hold, own, maintain
work, develop, sell, convey, mort
gage or otherwise dispose of rea
estate and real property and any in
terest or rights therein so far as thu
same is permitted by the laws of an.
state in which such property is stu
ated.
Dam Building Unauthorized.
Several paragraphs which follow ar