Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-03-18
STATE MAY TAKE
A HAND IN CASE
UNLESS LEGISLATURE Is ASKED
FOR AUTHORITY, INTERVIEW -
49,. TON MAY RESULT. -

Des Moines, March 17.-Unless the
company operating the power plant
in connection with the big Keokuk
dam, asks and secures from the
Iowa legislature some definite grant
of authority for its operations, 1t is
likely to find itself unable to engage
in the distribution of electric cur
rent next June as planned by the
builders.
1t is sc tied that the state of Iowa
will, directly and for the preserva-
ton of the state rights, go into court
as an intervenor in the pending case
in the federal court brought by a
small property owner to effect custer
of the power company from the river
bed, and that the federal courts will
be asked to decide once and for all
whether or not the state has owner
ship Of the river beds and whether or
not the state has in any way re-
inquished its rights.
Governor Clarke is firmly con.
WINGED that the state has some rights
that are being invaded and that it is
the duty of the state to have this
matter determined In proper form. At
torney General Cosson will be d.
rected or asked to appear and repre-
sent the state officially In the case.
Senator Cummins has indicated that
the state has a large interest in the
matter. Good lawyers who have delv-
ed deeply into the matter say that
Iowa Is very much concerned in the
matter and that there is no doubt
whatever of the superior right of the
state.
When the power company first filed
its incorporation papers in Illinois it
was provided therein that the COM
pany should first get authority from
the legislatures Of Illinois and Iowa
and establish it's right to occupancy
of the river bed for commercial pur-
poses. Afterwards this was changed
and the matter ignored. o.
The situation seems to be about
as follows: The federal courts have
decided many times that the super
ior right of the federal government
in regard to navigable streams eX-
tends only to the use Of such streams
for navigation purposes. The rights
granted by congress to the power
company went no further than to pro-
vide for the care of the navigation
interests OF the Mississippi. But the
state of Iowa owns absolutely one
half OF the river bed of the border
cities; in other words, the state
line extends to the middle of the bor-
der river channel If any part of the
river channel should be abandoned
by the river, the state alone would
have ownership of the land thus left.
Now the power company has occu-
pied the river bed, which belongs to
the state, and has built power house
on a part Of the river bed, and plans
to make use of the river bed for COM
purposes. 1t will be contend
ed that to this extent it Is a tress-
passer. A suit brought by a property
owner in federal court to compel
compensation to him for damages in
a case on relation of the state and
it would be possible for settlement
to be effected in that case adversely
to the state and the state be estopped
from it's major rights. Therefore 1t Is
desired that the state through its
properly constituted officials, be rep
resented in the trial Of the case.
1t is proposed that the state, having
established it's superior right to the
land on which half the dam Is erected
then that terms be made which will
insure to the state portion of the