Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-05-24
FORT MADISON OIL COMPANY
ASKING FOR DAMAGES OF HALF
A MILLION.
CLAIMS PROPERTY LOSS THRU
OVERFLOW or PROPERTY
Federal Court Asked 70 Enjoin Com
pany From Closing Gates and Per.
hitting Water to Back Up-kavisa
ton Circles Inclined 20 Grumbis b.
cause Of Overflow.
;pecial to rimes-Republican.


Des Moines. May 24.-How to settle
the quarrel between the oil company
from Kansas and the power company
from Maine, under Iowa laws, in the
federal court, and without causing any
further delay in the Mississippi river
navigation or without stopping the
flow of oil toward Chicago is the prob
lem being put up to Judge Smith Nc
Pherson today.
The real big question got into the
case because Judge Mcpherson lunched
with Engineer Hugh Cooper at noon,
and learned that it is the plan of the
power company to close the gates at
Keokuk within the next week and to
open the lock for navigation within.
two weeks. The Judge pumped it out
Of the engineer that the steamboat
companies are already doing a lot OF
complaining because there has been
no way for them to get up river at
the Des Moines rapids since early clos
ing of the season last fall. The agree
ment with the government engineers
was that the locks Should be put into
commission about this time. The boat
masters are grumbling.
When the attorneys got at the case
the court brought out this issue Of con-
fict of interest between the boat COM
panies and the oil company, which
didn't appear in the record. and upoa
this primarily he refused to grant
continuance of the case for week or
two as asked by the oil company. Ar
gument on the legal points was COM
menced, with time to bring in certain
affidavits.
Say Damage is Nominal.
These afffdavits were asked by the
oil company to refute very important
affidavits filed with Judge Mcpherson.
with the answer Of the power company.
early Friday morning. The answer
and affidavits undertook to establish
that instead of the oil company being
injured to the extent Of a half million
dollars by the raising of the wtaer in
the river at Fort Madison all the dam
age can be repaired for $4,000 or
something like that sum. A photograph
was shown of present condition OF
some of the land to be overlooked. said
to be of great value, the picture show
ing a tangle of weeds and brush. De-
NAL was made that the Prairie Oil and
Gas Company owns any Of the land.
Hugh Cooper. engineer, also filed
Friday morning an affidavit in which
he declares that he went over the
pumping plant of the oil company at
Fort Madison With the engineer for the
oil company and then they visited the
site Of the dam. and he had more or
less correspondence with the officials
of the pipe line and never q word had
been said about demanding any half
million dollars damage. and no steps
had ever been taken to secure any
compensation whatever for possible
damage. 1t was largely to review this
affidavit that. the attorneys asked time
to get counter affidavis from Kansas
and elsewhere.
Another Question Raised.
Another interesting question was
by an innocent question of the
Judge as to whether either or both OF
the companies lays any claim as to
right Of eminent domain. The oil COM
pany insists it has that right, but that
the power company hasn't. But can
Kansas corporation stand any better
In Iowa than Maine corporation? The
Kansas company claims that as to the
Maine company the latter is organized
under the laws of Maine which do not
permit of it doing In that state the
things which it is doing In Iowa. hence
that it is illegal in Iowa. There was
also raised and is being argued the
question whether or not the power
company has any right whatever In
Iowa, and whether Its requirement OF
the rights Of the KeolSuh and Hamilton
company gave it a standing in Iowa
and Illinois.
But as to the extent of the damage
which is anticipated by reason of the
raise in the water Of the river the
lawyers and others differed greatly.
Mr.. Cooper told the court that the
raise at Fort Madison wouldn't be
more than two or three feet at present.
In response to questions he stated that
the locks certainly could not be opened
until the gates AT the dam are closed
and the water level raised to some ex-
tent He expects to do that in about
ten days and let the boats pass thru.
Elevator Deal Declared OF.
Special to mes-Republican.