Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-02-27
STATES INTERESTS IN kEokUk
WATER POWER SAID 70 BE
WORTH MILLIONS.
INTERVENTION IS URGED
IN SUIT AGAINST COMPANY
Unless Action is Taken at Once State
Will Surrender All Rishts-Coonel
Have Secured Franchise From the
State.

Des Moines. Feb. o7.-The state o.
Iowa is likely 10 lose rights worth
hundred million dollars unless it inter-
venes in a suit now pending in the fed
eral court II which a citizen Of E>eokak
is d!sputing the right OF the Miss.s
sippi River Power Company to use the
waters Of the MISSISSIPPI. without fran
chise from the state. That is the dec
laration Of Smith ". Brookhart OF
Washington. Iowa. who has interested
himself IL The situation and has called
j, 70 me attention of the governor ana
the attorney general.
The U5jec1 ct the suit brought by the
keokuk citizen is TO recover for alleged
damage 10 his property. II the question
a issue should he adjudIca,c1 without
intervention on the Eart of the state
il IS pointed out by Colone! B,ockhart
tina, the state would thereby ZEE barred
from institutins oIis:n&! proceedings 10
protect whatever rights il may have
had.
Ii is the contention OF Colonel Brook
hart th.; federal control Of rivers ex
tends only TO matters affecting naVisa-
ton. All other rights. liz holds. belong
rulings Of the United States supreme
court.
States Own Excess.
His claim in brief is that Iowa AMI
Illinois -ightfully cwn Whatever Q. val
lie there is IN the dam over and above
the actual investment Of the com paEy,
which latter he estimates al $50. 900, 600,
on the ground that the excess consists
~
states. OF this excess ne claims By
far the larger share for Iowa because
OF natural conditions at the site OF the
dam The cor1pany's estimate 0. the
value u the Improvement in excess OF
The actual investment IS sIQC, 900 0o.
as shown in prospectus they are send
ing out 10 capitalists. and Colonel
Brookhart contends that Iowa and Hi
nois are entitled to receive revenue
from, that amount.
For years" said Colonel Brookha-t
yesterday, we have been shouting
about the conservation o. our natural
resources, but now when the time
comes to actually do things we are
about to let rich possessions slip out
OF our hands"
Owner Raises Question.
The states rights in connection with
the construction Of the keokuk dam
were first considered when an owner
Of property adjoining the Mississippi
near the dam asked the county sttor-
ney Of Lee county to bring quo war
ranto proceedings in the states behalf
against the powers company. The
county attorney Of Lee county Cid got
act and the property owner appealed
to the county attorney Of Wapello
county. He failed to secure action there
also, and in the end brought the ac-
tioT? IN his own name. The power COM
papy, being a foreign corporation.
transferred the action to the fedora!
court and II is now pending in the
court Of the northern district OF Iowa.
Opponents Of the power company
claim that the decision OF the case in
federal court may resu-: in the state
Of Iowa being barred from ever secur-
ing recognition OF lis right to com :
pensation from the power company.
According 10 Mr.. Brookhart. the
power company has already spent s23.-
100000 and expects TO spend s..Goo.OVc
more, making a total investment Of
$50 1000 900. The company is issuing
statements. says MI. BrookherT, IN
| which ii guarantees dividends OF . per
cent from the start on s130, 100000. Mr..
B!ookhart holds that the extra sl0v,
900, 900 over the investment repre-
sents the value of the rights tre COM
pany is securing from the state.
No Franchise From State.
The company holds no franchise
from the state Of Iowa and therefore
TO authority from the state FOR the Use
Of the river power, says Mr.. brookhaf'.
That the river to its center belongs 20
Iowa all along the states border Is Eis
contention, based upon nLHl5er u.
supreme court decisions. One OF the
most important If these is -he case 0,
Barney vs. Keokuk. reported in 81
United States, page 32.. In that case
the supreme court OF the United States
held that the bed Of the Mississippi