The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-09-21
Whether Launch In Which the Girfs
Rode Was Steamboat and Wheth-
or They Were Trespasssrs
10 Asked.

whether the, plaintiffs decedent was
not a trespasser. ,at the time Of re-
ceiving injuries resulting in death. II
also asks among other things whether
the gasoline launch in which the de-
cedants were said to be riding was
such a vessel as contemplated by the
acts of congress under which the con-
struction OF the Keokuk power Dam
was made.
The company claims that the suit
for damages involves $5.998. and Is
between citizens OF different states.
It concerns the Interpretation OF cor
tain maritime acts, and should come
under the Jurisdiction Of United
States court. Bonds are filed in both
cases and the district court asked to
transfer them to the federal court.
Construction Of Acts.
The suits for damage claimed that
the two young women met their
death when the launch on which they
were riding struck the roof Of sub
merged coal shed which was negli-
gently left standing by the company.
In answer to this and in the petition
for removal, the company replies as
follows:
Your petitioner AYERS that the al
legged cause of action set up in the
plaintiffs pleadings and her right to
recover action set up in plaintiffs
pleadings and her right to recover
therein necessarily involve the con-
struction of said act Of congress with
reference to torts on navigable wat
ers OF the United States and 10 q
civil cause for the admiralty and mari.
time Jurisdiction Of the United States
district court IN ana for the southern
district Of lows at Keokuk. in that
the plaintiff is seeking to recover up
on a tort committed by the defendant
in the navigable waters OF the United
States.
Under Commerce Law.
Your petitioner AYERS that the al
legged cause Of action set up In the,
plaintiffs pleadings and her right to-
recover thereon necessarily involves
the construction Of said act Of con-
gress OF Feb. 9, 1905, and the parts
regulating commerce upon the Mis-
sissippi river and for that reason IL .
suit and proceeding arising under q
law regulating commerce.
Plaintiff says that among the ques-
lions arising under said act Of con-
gress and the provisions thereof and
which are involved in said suit are:
Whether the alleged accident result
ing in death Of plaintiffs decedent
was on that portion Of the Mississippi
river now occupied by the Des Moines
rapids;
Whether the alleged accident was
in that part OF the pool referred to In
said act Of congress az through tho
entire length Of the pool formed by
the said dam;
Was Vessel Steamboat.
Whether the vessel in which plain
tin's decedent was riding at the time
OF the alleged accident producing the
death of plaintiffs decedent was such
a vessel az WAS contemplated In said
act OF congress when It referred to
steamboats, and other vessels, or OF
RATS and barges;
Whether under said act Of congress
defendant was required to remove
coal shed referred to in plaintiffs
petition:
Whether under said act Of congress
defendant did not have right to per-
init said coal shed 30 to remain ana
be submerged;
Whether said coal shed n left -
plaintiffs decedent was not . tres
passer at the time Of receiving the
alleged injuries resulting In her
death:
Whether said coal shed 10 left -
alleged was in any manner an obstruc-
ton to the navigation Of the river.o