The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-02-03
Albert Hagerla Denied Constitutional Right of
the Water Power Company to Take His
Land by Condemnation Proceedings.
OPINION OF THE JUDGE IS DECISIVE
If Hagerla Had Won Case it Might Have Result
ed in Disaster to Water Power Development
in the Mississippi River Out Here.

The case of Albert Hagerla against
the Mississippi River Power company
VAS dismissed ST Hageria's cost In a
strong opinion fled in The United
States court here which holds against
Hsgersa's attorneys on every point
raised in the famous litigation started
~ the Green Bar farmer
The decree leaves standing the
zward made HsSerla for damages for
overflow some ot his land BY Jury OF
Lee county farmers from which he an
ssealed and isser sought TO nuilify by
an application for an Injunction IN TWO
federal courts,
The other case. 81 Springfield, Iili-
Ecss, enters the same decision and de-
sree IS the one filed here by Judge
Mcpherson,
The oriason of Judge Mcpherson is
rather long snd presents q thorough
consideration Of the matters involved.
Including q specially careful discus
sson a. electricity as a new srticls Of
Interstate commerce That the works
q ne water power here are = work
for public use Is distinctly stated.
Rights ssssS on the Law
The court snds that the wsser
Pcss- company Is building its ssruc-
lures N Shs Mississippi river within
rs lesal rights Of svsry sfnd snd
ssevsa from anv asas
Thas congress Is supreme rs 10 Inn
rsovsns navigation IS he's. and the
rsshcG 81 having the COMPANY build
dam wasch improves navigation for
sExsv males With lock and DIR igtck.
IN ccnssszs-assrsa az me zaoassarv uss
81 the nsze- ESEling ovsv the dam Is
sxsesly Is proper IS assi6sns Il with
mcasv oat Of the public tsasury IS
stated In either case Hsssraz's land
world be taka1, saS ire same rSgns 10
sSee II Obtains a. Il the government
wsre hnssias RE a2m and other xo-ss
tos sSsalf psss is ewE money
Ass, the coHrany. IS the ewEer q
sae IanS aaol5saoves has the right 10
s1as6 structures oQt into the r5ysg,
ssaasssct 70 the satisfaction OF congress
as regards navigation. the court holds,
and Wills the lee tile 10 shs river Is
ii she state Of Iowa, this Is il t-1ss
sgs- pah5Ie use. ike this water power
vo7s. srd Is aot , proprietary owner
ship Moreover. the court SadS ths.
shs state az Euwa admitted TIE eore
ssay 10 Gene in 10 build these vs77y
structures IN the rsvar hsVs and hsncs
szes shas the celYzay has III ne
rights ~ build rs WORKS and cc1ss
easatfy orsr5ow land under snkasa'
daraia. by Sct a. congress Tas
eFiaSca savs E2serszs oaiy snterest !:
Ia Ses re scsaa} valas q his lard, ans
there Is No doa9s ha vii rscsiys 5hi'
"a Holsx AS mater os tacs the
aaaasy MS pSsa into ooarS toas aga.
Tie or5afoa a Judge McPhs-soa i
part fellows
u2se4ss contends hist trcn III
threza 81 the stEeSm IL AIshwzfes
mars. me tile Il hota wzssr 2a5 sos
Is ia tAe s.ate q iowx. that 8 eres
bat saca utte IS held II srgs. foz nsri
sas5oa and commerce zz6 o1As- Rzala
80 $ ss.-.ss..l.- - 80 - ! :
in connea, Is wilton. g1e sseh5es
force Ard wesa Z IS sad 5Azs =.
go -. - 80 q
s'.e $3.50 = ! = -, - = q
lace. 90 TIE sz5s n2s no r-oay
sasS 8 -. So, =. . - 50 -
- as e 4 - -
sN.ae1 - @-4' o-sz rag.