The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-02-03
JUDGE MCPHERSON DECIDES HAGER[A CASE
FOR MISSISSIPPI RIVER POWER COMPANY

support this elementary statement lie
unnecessary. Aside from that, 1t is
/ never within the rights or power OF
an Individual to raise state or gov
Ornamental question as to excess OF
| power. SO
!; In this case congress By enactment
5 provided for the Improvements in
1908. Work visible 10 all was actual
ily commenced on the ground in Janu-
AIRY 1910. Newspapers Of the vicin-
lily had had many detailed accounts,
with reference TO the project Thous-
about the works. Hundreds OF land
owners. many OF them neighbors OF
] Hagerla. had sold their lands which
would be overfiowed to the Power
Company, Hagerla had gone into the
! Illinois courts (Septemher SO. 1910
Ito en.oin the prosecution of the enter
prise. which action voluntarily by Ha-
gerla awaits this case. In the mean
time the Power Company had expend-
! ed millions of dollars. He made no
protest as TO lack Of authority Of the
Power Company to take by condemns
ltion proceedings. but on the contrary
negotiated to have ; price fixed by
agreement He awsited the action OF
/ the sherift's Jury. He vas disappoini-
] ed as TO the amount OF the award, he
then appealed. by which he elected 70
adopt the remedy at law to have
y, M q ~
peal. after first claiming he WIS en-
titled 10 s larger award. sor the first
time challenged the power to thus
take his land, excepting al $ price to
be named ey him alone. and NOT by
negotiations nor by judiciary award.
He then did not ask for temporary
] Injunction This is not equitable.
These acts are within the doctrine Of
lachss. II IS aow TOO late for him to De
heard on the question Of power.
/ The period of the statute Of nnaita-
tions is not the sole test Mere time
is not OF itself controlling But if In
Testmsnts are about being made. and
the status OF the parties changing. q
complaining party must ACT promptly
before s court Of equity viii give al,
tsntion 10 an alleged wrong. Such Is
/ the rule as uniformly stated br the
tex books and authorities
1 The question as 10 the removal of
this case has again been argued If
Hsssria had stood On his motion to
remand. II might stin be 3 live CUES
don But after this court mad denied
his molten 10 remand, he and the
Power Company signed and lied IN
the case s. stipulation as 10 sinae for
t pleading He Sled a motion to with
draw his cross petition, and later with
drew his moeio1. Still later Hageria
fled an amended bill sass;ng oat his
ease With most elaborate detail. with
IAN the rsrticalsrity of 81 original bill
in equity With the prayer Included. In
stead OF fling a general replication,
he then filed motion 10 hare the
case heard on bill and answer. The
Power Company accepted the issues
this rendered ana the coa-s has ak
sn ne submission OF The case on sach
issues. Hagersa Is 8 cstiEsn Of this
district, and The Power Company is 3
corporation Of Maize. Besides, . fet.
eral question Is presented or the bill.
The Sa-islictionsl amount IS Involved
Ii Z Al action q 3 civil nature
Therefore this proceeding has all the
requirements O. IN original biii, n
which Ia iaraSss the powers % This
eoa-- sitting OF the eeuitv side OF tas
docket Any and al that occurred il
The state oou-. can BE- taken for
rzaEas. z1d Tie case can stand as Il
does ssazd o. the Fissdings Sled IN
this corr. vesti1s THIS oozrt With 81
is powers. - that il Il inusterial
rhas was done as 10 The removal o.
aosion 10 remand
TIE title o. the Art = gaming
TIE -ssa. 10 construct snd nzi1tsiz
tie dam. Section Of Eae ssasuss re
cites thas the assent q congress J:
gsvsa. Wheehe- the vo-L asssase /!
IS Though the wor1 authorize hae
been Ese5. hrs Desa n Ills case ms
sr15@c. OF z1ca discussed Il I:
zo-4hy q hi little consideration i
my o7lnioz, ether thaa 70 STATE tha
the Stare rs w1ose shows whE,
congress nz6 In zaiEd- snd shat con
grass attempted 90 6o- Ard fhst u
gsasuke must Se Rad IN us s1tsrssl
fails zttEin n elementary rule 81
ths CONSTRUCTION ot statutes n
ststpss IS ~hole wtsh ne zccsp:
zacs ~ the co-ggax. makes a con
.rzr. VITA reference 10 bridges sas
oshe- structures o. o. across asviEa
/ he Eztsrs- N al ire statutes q
aasax ysa-s- those enacted 5otA Be
fore z1s since sa= srs o. cEEess /,
sSt5nn. coaEsss has 1Ssd EAs wcrG
zssezs- zz5 canss<t ard Authorize
aaz empower tadssc-s-ns-zssty. :
shozEh sy-ozFzs q the same AID TX
wsznssg S1ch s sle fax ard Il I
azaecsssarv 70 schedule these ssa'
g-ss Nc; oz1r 50. hzz The Act o. CO.
E-ess ap2rops1 JEae =. 1905. suzsze
szg 81 art saa-ora1 Msr 1s- tsaS
E-suSsrE n Acs su--oTe6 NgE -