Title
Publisher
Date
Language
Identifier
Transcription
Copy
An Act to provide for the prosecution of the necessary judicial proceedings to procure the removal of the feeder dam erected across the Calumet River, in the State of Illinois, and for the payment of the expense of such proceeding.
(Approved March 9. 1861.)
Section 1. Be it enacted by the General Assembly of the State of Indiana, That the Attorney General be, and he is hereby authorized to commence and prosecute to final judgment, such judicial proceedings as in his opinion are, or may be necessary for the purpose of procuring the abatement and removal of the feeder dam erected by authority of the State of Illinois across the Calumet River, for the purpose of supplying water to the Illinois and Michigan Canal, or of procuring the height of said dam to be reduced so that it will not cause the waters of said riverto overflow any lands in the State of Indiana.
Sec 2. If in the opinion of the Attorney General it shall be proper and expedient to do so, the State of Indiana may be made plaintiff, alone or jointly, with one or more citizens of this State, in any judicial proceeding contemplated by the first section of this act, or such proceedings may be prosecuted in the name of one or more citizens of this State as plaintiffs, without making the State a co-plaintiff, and such proceedings may be instituted and prosecuted against any person
or persons, body corporate or politic, which may be a proper party thereto, in any court of competent jurisdiction.
Sec. 3. Before any judicial proceedings shall be commenced in pursuance of this act, it shall be the duty of the Governor to endeavor, by application, to be made as soon as practicable, to the proper authorities of the State of Illinois, to procure the abatement of said dam without suit, and in the event of failure on the part of the Governor to procure the same to be abated, then the Attorney General is authorized to enter into an agreement for the abatement of said dam within one year from the time the Governor shall apply for its removal, as above provided. Such agreement shall be between the State of Indiana and the State of Illinois, or the proper officer or officers thereof.
Sec. 4 If a satisfactory agreement cannot be made as provided for in the proceeding section, then the Attorney General shall commence suit immediately, as provided in the first and section sections of this act.
(Sec. 5. Appropriates $1000 for payt of expenses incurred in carrying into effect the provisions of the act.
Sec. 6. Declares the law in force & effect upon and after its passage.)