Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-06-24
Pine City Water
Project Given A
Veto By Judge
Stolberg Terms ma k e
River Project Violation
of State Constitution.

of State Constitution.
Judge Alfred P. Stolberg this week
ruled against the high water project
at Pine City, declaring in his find
ingS of facts that the proceedings
as instituted would violate the state
constitution, that the state executive
council had exceeded its authority
in starting the project and that said
project was not for the best inter-
ests of the community. The judge
ruled that mo lawful authority what
soever appears for the construction
of this DAM" meaning the dam which
was built by the Works Progress
Administration last winter The judge
also limited that the Power Company
dam some 1870 feet down stream
from the site of the new government
dam was doing damage to land in
flood times and caused overflow of
considerable land. He stated that the
Eastern Minnesota Power company
would be greatly benefited by the
impounding of the water, which
would be released gradually and sup
ply the company with more steady
supply of water than heretofore avail
able
A Long Argument.
The decision of Judge Stolberg
marks another step in the highly
contentious matter of water levels
at Pine City, running back into the
days when logs were sluiced down
stream through the Snake river and
on into the st. CroiX and down to
Saltwater Several dynamitings of
the dam occurred in bygone days,
the last one being the dynamiting of
the power company's dam which
caused over $4,000 damage and a
break which the company never re-
paired.
The movement for the raising of
the water level was started by those
interested in seeing more water in
Pokegama and Cross lakes, they be-
ing the owners of cottages, the Pokeg-
anna Lake Sanatorium and citizens of
the village of Pine City who saw pos
sibilities of increased summer resort
business if the water was maintained
at a higher level.
The decision also mentioned the
matter of navigability of the Snake
river, declaring: THE Snake river is a
navigable river of the State of Mime
sofa and of the United States. 1t flows
into Lake Pokegama and has an outlet
ole iyofn "a
Snake river and Cross lake and has an
outlet therefrom, both of which lakes
connected with the Snake river as
aforesaid are navigable waters of the
State of Minnesota and of the United
States. The Snake river empties into
the st. CroiX river, an interstate
water. No permit for the construc-
ton of said dam in the Snake river
has been obtained as required by Sec
ton Al of title 33 of the United States
code, and no authority has been OBJ
tanned from the Legislature of the
State of Minnesota for the construc-
ton of said dam. Said dam, is not
so constructed as to be an aid to
navigation, but is SO constructed as
to be an obstruction to navigation,
and is a public nuisance, under the
laws of this state"
Following is Judge Stolberg's de-
cision verbatim:
The above entitled condemnation
proceedings come on before the court
for hearing on the 10th day of March,
1887, having been continued from the
10Th day of January, 1887, at which
time they were originally noticed for
hearing. The proceedings are in
stituted for the taking, appropria-
ton and condemnation of an ease
ment in and over approximately one
thousand acres of land more par
ticularly described in the petition in
File No. 6213, and the fee simple of
two thousand acres of land approx
imately, more particularly described
in the petition in file No. 6214, and
for the appointment of commissioners
to appraise and assess the damages
which shall be sustained by the own
ers respectively, by the said con-
demnation.
Substance of Petition.
The petition in each case states
that the land is sought to be con-
demned for the restoration and main
tenance of Pokegama and Cross lakes,
in Pine County, Minnesota, which will
aid in the conservation and develop
ment of the natural resources of the
state, and promote recreational en-
joyment thereof, and in the con-
servation and preservation of the
public health, safety and general well
fare of the people of the state, and
for any and all other purposes set
forth under chapter 81, Laws of 1885
and chapter 101, of the special session
of 1935-1936. The proceedings are
instituted under the assumed author
ity of these laws
Both proceedings relate to the same