The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-02-09
FIGHT OVER SWAN
LAKE WAS LIVELY
May Go To District Court;
80 Next Move Awaited
BATTLEOFHUNTERS
Mass of Testimony Brought Out
In Hearing At st.
Peter

BY a unanimous vote the mem
bers of the Nicollet county board
dismissed the petition for the con-
struction of County Ditch No. ST.
which would mean the ultimate low
ering of Swan Lake the sportsmans'
paradise in this section of the
state-late Saturday afternoon fol-
lowing the presentation of argu-
ment by attorneys for the petition
ers and the DIRECTORS at the hearing
in st. Peter.
The decision of the county board
which came as a decided surprise
to both factions because of the fact
that it was unanimous-has ended
for the time being a litigation which
was started over six years ago and
has entailed great expense to all
parties evolved.
Sportsmen Are Pleased
Sportsman from all over this
section of the state view the deci-
sion OF the board with a feeling of
relief, and feel confident at this
time that the ditch will never be
constructed which will hinder the
fishing and game hunting facilities
which Swan Lake affords.
1t is reported In the court at St.
Peter during the close of the hear
ing Saturday the petitioners would
appeal the case to the district court
in the event they lost their case>be-
fore the board of county commits
.sioners.
In addition to the final victory
won by the directors in the hearing
they made two big coup de etat
during the course of the hear
ing when the county board ruled
that the petitioners would have to
pest an additional bond of $4,000 to
continue the hearing and the filing
Of claims for damages aggregating
1854 900 by DIRECTORS of the. peti-
ton.
Presentation of Evidence
Argument of the attorneys for
the two factions was E.ade until
long after the noon hour on Satur-
day. Presentation of evidence by
botn sides was started on Wednes-
day of last week and continued
through Thursday and Friday. Both
sides entered a large grist of evil
dence to substantiate their claims
for decision of the board.
Viewers of the proposed ditch
and several of the property owners
who presented the petition were
called on to testify by the attorneys
for the petitioners:
Sportsman, surveying engineers
and property owners who claimed
they would be directly injured by
the construction ditch testified
agains THE granting of the petit
ton.
Arguments Of Attorneys
During the argument of the at
torneys, the big points brought out
by Attorney J. w. Schmitt of Man
kato, counsel for DIRECTORS was the
loss to be accrued to the property
owners along the low lands of the
outlet of Swan Lake and the great
loss of water which would result
by having the ditch constructed. He
also pointed out that great loss
would be entailed by hunters and
fisherman who made liyliehoodNou
of the natural game resources which
the lake afforded.
In his argument, Attorney Schmitt
lion feet of water would be taken
out of the lake every fifteen days
during the high water stage. and
this amount would couse great
damage to certain farm lands.
UNANIMOUS Vote Was Surprise
The result of the hearing came as
a surprise when an unanimous vote
of the commissioners was given
denying the petition. The cause of
the postponed hearing was made in
December because it was felt mem
bers Of the board were prejudiced.
With the retiring of one member
of the board and the addition of
new member. it was felt that only
a majority of one vote could be OBJ
tanned.
Attorneys for the DIRECTORS were
J. w. Scbmitt of Mankato and Ben
son and Stone of st. Peter, Counsel
for the petitioners were A. Flor,
Somsen and Dempsey.