The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-12-29
BOMB EXPLOSION
STOPPED HEARING
Sheriff Served Papers On
. County Board
ACTION Is DELAYED
Hearing Of Nicollet Commission
ers On Lowering Of Swan
Lake Continued Jan. %

county Board regarding the near
ling of the petiIion ror the construc-
ton of County Ditch No. 67-which
in effect would mean the lowering
of Swan Lake-that failed to stop
the hearing of the petition of prop
erty owners along the ditch, attor-
neys for directors to the proposed
project, brought the meeting 70 .
sensational close yesterday after
bomb, which on exploding, clogg-
ed the machinery of the county
board procedure.
Explosion of the bomb" occurred
when Sheriff Charles Norman walk
ed into the court room, during the
course of the admission Of evidence
by the petitioners counsel, and
served an order from G. H. ToWley,
Nicollet County court commissioned,
upon the members OF the county
board restraining them from taking
further action at that time in the
matter of the petition for County
Ditch No. 81.
The serving Of the court restrain,
meeting interspersed with heated
argument and clashes between the
counsel of the opposing forces and
Chairman Thomas O. Haugen of the
county board.
The order was made on the mo-
ton before the court commissioner
by Martin w. Dahms and Louis w.
Kettner, property owners along the
shore of Swan Lake who have been
granted a permit by the state fish
and game department to build a dam
for the conservation of the water OF
the lake at a uniform height They
made several specified objections to
the petition which were cited In the
restraining order.
Following a discussion OF the or
der Of the court, the board chair
man announced the hearing would
be continued son January %, 1929.
The annoppcenet was met with ap
clause by q large number Of tns
spectators.
The court room OF the district
court of Nicollet county where the
proposed hearing was to be held.
was filled to its capacity by inter
ested parties in the county, and
from nearby cities and towns, Sew
Ieral times the spectators disre-
garded the order Of the chairman for
order, apd would applaud remarks
made BY counsel by hard hand
clapping.
The two "dud bombs" which fail
ed to explode, with results for the
counsel of the DIRECTORS, were the
objections during the entire pro-
ceedings Of the morning regarding
the question of whether the COM
missioners had the proper jurisdic-
ton and power to consider, the pc
tition of the property owners in re-
gard to the lower OF the water level
of Swan Lake; and the request for
an adjournment of the meeting or
hearing until after the first of the
new year, when the newly elected
take Office A vote of the last at
tempt OF the directors to have the
hearing stopped was defeated by a
three to two vote of the. commits
sioners. The first question was de-
cided, by the commissioners in ex-
ecutive session with County AT
torney George Olsen, that it would
be necessary for them to hear some
of the evidence Of the petitioners,
also the objectors, before they could
fully decide the preliminary ques-
ton of whether they had jurisdic
ton or not.
Members of the Nicolet county
board present at the, proceedings
hemann, Lewis T. Precht, Matt Wal
ser and William Peterson. The last
named presented the motion for adj
journment and Bornnennanns voted
with him, but the motion WAS de-
feated the others voting NO"
The nesting opened at ten
o'clock yesterday morning and be-
fore the proceeding could get under
way regarding the admission of
evidence by the petitioners, Attor-
ney j. w. Schmitt entered he, OBJ
lection to his clients to the pro-
ceedings.
sehmitt Enters Objections
He first stated that the objec-
the board did not have the jurisdic-
ton to proceed in the matter OF the
ditch, or the subsequent lowering of
Swan Lake. His second contention
was that the notice Of the final
hearing on the county ditch had not
been sufficient in that 1t did not set
forth the course of the ditch as re-
quired by law. He detailed the pray
ers of the petitioners in saying that
they wanted the ditch to pass part
way into Swan Lake, and then CONS
emit project, on the report of the
county engineer in which it was res
commended to have the ditch start
at the outlet of the lake.
He stated that the report for
hearing was for an entirely differ
emit project on the report OF the
engineer than as set forth in the
petition. Attorney Schrnitt quoted
several state statute laws and SUI
preme court decisions to uphold his
contention.
Attorney A. Flor OF New Ulm, one