Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-11-28
SEEKS TO HAVE
Dam men BUSTED.
PETITION rs ON FILE WITH THE
CLERK OF COURT AGAINST
MISSISSIPPI POWER co.

| Claiming that the Mississippi River
Power Co. is exercising powers In this
state to which 1t is not entitled, Albert
Hagerla, a resident of Lee county, has
filed suit in the district court here
| asking that the power company be
ousted and excluded from exercising
it's franchise to build and operate the
power dam at Keokuk.
| The petition on file with Clerk OF
the Courts George Phillips Is entitled
state Of Iowa at the relation OF Albert
Hagerla VS.. Mississippi River Power
| Co. The statement sets forth that
the defendant company is a corpora
ton under the laws of Maine and that
it is unlawfully and without authority
by law exercising powers in this
state; that it Is taking from the
citizens and land owners certain
rights and that thirty-five acres OF the
bed OF the Mississippi river are be-
ing appropriated for the purpose OF
constructing a power plant for the
purpose of generating electrical power
for pecuniary benefit.
"The suit filed against the Keokuk
dam owners" said Judge j. c. Mitch
ell one of the attorneys bringing the
suit, "is one Of unusual Importance
because of some knotty questions of
law that will likely result. 1t is claim
ed that the bed of the Mississippi river
from the Iowa shore to the middle of
the stream belongs to the state OF
Iowa, and the government of the
United States has no interest what
ever in the river save its right of
navigation under the clause Of the
federal constitution governing inter
state commerce. 1t seems the power
company got an. act of congress IN
1905 permitting the company to build
the dam and power house and for the
use of the power in consideration that
the power people build lock and
dry dock in connection with the dam
which would preserve the navigation
over the Des Moines rapids as 1t was
prior to the act of congress, but the
power company did not get any at of
the legislature of Iowa nor of Illinois
permitting it to build the dam and
power house, supposing 1t had all the
authority necessary under the act OF
congress. Now this right Is challenged
in this suit just filed by the state on
the relation of one of the land owners,
whose land will be flooded by the
building of this dam. He, under per-
mission Of the court, is authorized to
prosecute this suit in the name of the
state. This is really under the Iowa
law the state itself suing the company
to recover the land covered by this
power house, which Is about thirty
Ave acres. The state claims that it
is entitled to compensation for the
use of the land and that nobody has
the right to take the land and use the |
power except by the states consent
and upon such terms as the state may !
see proper to impose. The petition
claims further that the power COM
pany Is exercising the power of emf
nent domain and taking the lands of /
the citizens of Iowa against their will
and that the main purpose of the
power people is to sell the power to
consumers in Missouri, Illinois and
elsewhere free from any control OF
the state of Iowa and these things
we claim the company can not do.
1.-THE case may develop some very |
important constitutional questions
which may finally reach the court Of
last resort In this country"