Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-07-07
WATERWAYS CHIEF
.DEN|ES CITY RIGHT.
TO Fill SIDE CUT
W. l.. SAckET SAYS STATE HAS
NO AUTHORITY TO PERMIT
ABANDONMENT OF LATERAL
CANAL, AS SUGGESTED BY
COUNCIL RESOLUTION.

X > The state has come out FIAT foot
y ed" against any proposals Of the city
administration TO abandon and fill up
the side cut. This was made known
last night in letter from Supt OF
AL ny at3fWays w l.. SaCkett, who cit
ing the opinions OF ex-Attorney Gen.
eral Lacey and the present attorney
e general, Edward Brundage, said the
state had no rights under the law
to either order or sanction Mayor
Weeks plan for getting rid of the
lateral canal.
DuIfpg bis tenure in Office Attorney
General 'Lucey held that the state
sscouf4 not-issue a permit to abandon
the %atercourse Attorney General
Brundage gave this same opinion dur
Ing the Lowden administration.
The letter, which is self.explana-
tory, said:
June %, 1921,
Hon. George V B. Weeks, mayor:
Dana NJ Palmer, William Bradley,
Charles J Sticklen Jr., Ed j.
Dougherty, Ottawa, Ill
Gentlemen:
Your resolution OF the nth day OF
May with reference to the side cut
or lateral Of the Illinois and Michi.
gan canal through your city, has been
received. You ask authority to fill
said canal
Your resolution states: The sail
ditch for the larger part of the year
contains d stagnant. foul and IN.
,1,l, SOL
conducive TO proper sanitation and
good health conditions in the city
OF ottawa" Please be advised that
this statement is inaccurate ds TO
facts. There is through this lateral
canal each day flow Of 70 cubic feet
Of water per second, sufficient TO de
velop $50 water horse power This
development is utilized by one of
your local plants daily
This lateral canal is necessary and
essential for the discharge of water
from the canal following storms II
closed up the main canal could not
handle the water There would be
flooded and damaged as the result of
the closing of this later canal.
Only few weeks ago This lateral
canal was cleaned out by the state
and It's sanitary condition is equally
good and the water Of no greater pol
luton than that which flows down
the Illinois river through y0nr city
and into which this lateral canal dis,
nal. discharges dssv HHt H. {
Of A ,"u coun %snf fsaa fSSSs 'n
in 1914 to Goyernpr Esty Nd # l]gnf
thar the chief executive nah not only
no authority to give a permit to fiji
any part or portion of the Illinois and
Michigan canal but that It WAS the
state to preventhlaE fihhs Orr ;in
cloaehm ,e upon 1Alf canal oFgianE
In November, siaf7t Attorney zen,
eral Brundage gave an opinion TO tie
same effect in connection with a re
quest for filing part of the canal in
Cook county.
Under date of June the attorney
general has given another opinion
from which | quote as follows:
There Is no statute which Is now
In force or which has ever been in
force, giving authority to any officer
Oh agency OF the state or to any mu-
nicipality to fill or authorize the fill
ing or obstructiong of the canal
1T is the duty of the officers of the
state charged with the control and
the protection of the canal to prevent
the filling up or obstruction of the
canal and to take steps to stop en-
crOachments upon the bed of the ca
nal In the same manner and by the
same means az the other property OF
the state Is protected"
For the reasons herein stated of
fcers of the state are without author
ity to permit the filling of this canal
or any portion thereof and your re
quest for a permit to do this must
therefore be refused.
Yours very truly,
w. l.. Sackett,
SuDt of WATERWAYS