Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-06-24

VI ooiO OdiIl III Tie SIldkc IlNCl Ids
been obtained as required by section
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.
CO. The taking and condemnation
of the lands in question furnishes
no work relief. The money appro-
priated by the state executive coun-
Gil is wholly appropriated for the
payment of damages to the land own
ers whose lands are proposed to be
taken in this proceeding. All of the
work relief involved in the construc-
ton of the dam was paid by the
Works Progress Administration. No
part of said work relief was paid
for by the State of Minnesota.
No Work Relief.
| CD The taking of these lands is
not an incident to any work relief
The State of Minnesota is not fur
nishing and has not furnished, and
does not intend to furnish, any work
relief in connection Herewith. All of
the money appropriated by the state
executive council is appropriated for
the purpose of paying damages to
the land owners whose property is
taken, and will furnish no work re-
lief. The total amount of money
expended by the federal authorities
for work relief in connection with
the construction of the said dam is
approximately ten thousand dol
lars. The construction of said dam
was commenced long before any of
these lands were sought to be ac-
quired, and these lands were not
necessary or incident to the construc-
ton of the dam. The cost of acquir-
ing said lands even were they con-
Sidered an incident to the construc-
ton of the said dam is so out of pro-
portion to the work relief obtained
or obtainable by the construction of
the dam that the project in ques-
ton is perversion of the purposes
of the said acts, (chap. 81, Laws of
1885, and chap. 101 of the Special
Session of 1866, the main purpose
of which acts is to furnish relief to
the needy, poor and destitute, and
which purpose has been lost sight
of in the said enterprise. 1t appears
probable from the evidence that the
amount of appropriation for these
three thousand acres of land, namely,
S44, 334.54, will be wholly inadequate
for that purpose, not to mention the
damages to the county and town
roads.
Will Damage Farms.
(8) Many valuable farms well i'm
proved by buildings, and maintain
ing large herds of dairy cattle, will
be so reduced in area by the &C
QUESTION in these proceedings of such
a considerable part thereof that their
operation will be economically I'M
profitable, and their owners will,
necessarily, seek locations elsewhere.
The project in question is not one
of conservation, but of devastation.
(9) Pokegama lake at the time
of the trial of this action notwith-
standing a succession of dry years,
had an average depth down the CEN
ter of the lake of about eighteen feet
Cross lake had a depth of over thirty
feet. Both lakes were used and USE
fri for oyI oopot,1n Of hniy,d
for bathing, boating, fishing. are con-
tinuously fed by the waters of the
Snake river, and are not in need Of
restoration. No proper evidence was
offered or received as to what the
normal elevation of these lakes is.
If lawful authority exists for the
restoration of said lakes, or for rails
ing the water levels thereof, such
raising or restoration can be accom-
plished by the construction of dams
at the outlet of these lakes, and the
condemnation of these lands thus
avoided and rendered unnecessary.
(1O) The inhabitants of Pine
county of the State of Minnesota have
no need of any increased recreational
facilities by water There is more
water at times in the locality in ques-
ton than is beneficial to the COM
munity, and its increase and reten-
ton will be detrimental to the COM
munity.
(11) There is no public neces-
sity for the taking of these lands,
and the use to which they are to be
devoted is not public use within
the limitations of the Constitution
of the State of Minnesota. The TAX
ing of the fee of the two thousand
acres of land is not necessary for the
purpose desired, even if it were a
lawful purpose. The only person that
stands to benefit to any appreciate
extent by the taking of the said lands
and the construction of the said dam
is the Eastern Minnesota Power Cor
poration, about fifteen hundred acres
of whose lands are proposed to be
taken in the condemnation proceed
ings, and to whom a vastly increased