Remonstrance against repealing the Kilbourn City Dam charter

No. 129S

Memorial of the Wisconsin River Hydraulic Company 3/14 Comm on Lock Incorpo

The Company therefore earnestly request that the Legislature will consider the magnitude of the interests involved, and will see the propriety of granting them further time for carrying out their intentions, as they have been and still are fully determined and prepared to do, and not inflict upon them a positive and immense sacrifice.

By order of the Boards of Directors J.F. Richards President of the Wisconsin River Hydro Co

Countersigned J.D. H. Avens Secretary

Milwaukee. March 13th 1860.

To the Honorable the Senate and Assembly of the State of Wisconsin.

Your memorialists, the Wisconsin River Hydraulics Company, respectfully represent that they have been informed and believe that efforts are being made to induce the Legislature to repeal Chapter 330 of the Local Laws of 1855 and the amendments thereto, by which the said Company was incorporated, and that the following reason is alleged as calling for and justifying such repeal-to wit:

That the Company have constructed a slide or Chute in their dam across the Wisconsin River which is unsafe for the passage of rafts and that they have not taken any effectual or energetic steps towards repairing or changing in, so as to protect the interests of the public navigating said River.

In answer to the reason so urged, your memorialists would state that they constructed their Dam and slide at great expense and with much care, and upon a plan that was considered by all, as well adapted to the locality and fully answering the purpose. That upon its completion, it was pronounced by good Engineers, and by a large number of those engaged in the Lam[bering?] business upon the Wisconsin and other Rivers, as being constructed in the best and safest manner for the passage of rafts. That upon operating it during the ensuring season, it was found

that it did not meet the expectations of the Company and the public, at certain stages of water.

The height of water at this immediate crisis was such that the Company could not by possibly remedy the difficulty. They therefore made preparations for altering the slide, as soon as the low stage of water in the following summer would present the work to be done, by providing materials, employing hands and appointing a Superintendent especially to have charge of the alleviations and improvements.

This necessary delay was attributed by many, hostile to the interests of the Company, to bad faith and a want of energy on their part; and several efforts were made to destroy the Dam and much wanton injury was done to it by parties who claimed to have suffered inconvenience and damage from its existence.

As soon as the summer stage of water would present, the Company commenced operations with an abundant supply of materials and a good force of men and were making satisfactory progress in thoroughfares. While this engaged a large body of Lumbermen, under the lead and direction of Thomas Weston and one or two others, came down the River for the purpose which they openly avowed of tearing out and destroying both the Dam and the slide; and at the very time that the servants of the Company were engaged in making the proposed changes and improvements in the slide, and laboring in good faith to protect the interests of the public. The employees of the Lumbermen commenced their proposed work of destruction

by endeavoring to tear out the Dam; and were only prevented from so doing by the solid and substantial manner in which it had been constructed. In this state of affairs, a compromise was effected, by a proposition being made by the Company, that Mr. Weston should join his forces to those of the Company and assist in making the necessary alterations in the Slide. This proposition was accepted by him, on condition that the alterations should be made in accordance with a plan suggested by him and which he guaranteed would operate safely and effectively. Decisions of a compromise and of securing the good will and assistance of all engaged in the navigation of the Wisconsin. The Company yielded the point and Mr. Weston took possession of the slide and personally supervised the alterations. The work was completed by him as far as seemed actually necessary for passing rafts, and Mr. Weston was paid for the work done, in a manner previously agreed upon.

Upon operating the slide, it was again found that it did not answer the purpose. Renewed complaints were made of the damage done to lumber in passing over it; and the very men who had been employed and paid by the Company for improving it according to their own plans, were among the first to threaten and finally attempt its destruction.

The alterations above mentioned were made during the summer of 1859, when the water was low and but few if any rafts were running. The rise of the water and the necessity of leaving

the slide open for the passage of rafts during the fall prevented the company from making any further improvements, until the winter season should afford the opportunity of work.

In the meantime they were not idle, but made every effort, by negotiation and otherwise, to place the affairs of the Company in such a condition that advantage could be taken of the earliest opportunity for prosecuting the work of improvement of the slide, with vigor and energy.

They at last succeeded in bringing to their aid, men of capital and enterprise, and through them ample means were provided for commencing the work. A plan of operations was agreed upon, which consisted virtually of entirely doing away with the slide and laying a level floor at low water mark.

But before they had commenced work, a body of men took possession of the slide, under the direction of one who claimed to be acting under a contract made with a Committee of the Lumbermen, which bound the Contractor, as the Company have been informed, not to make the slide safe for the passage of rafts but to tear it out and entirely remove and destroy the Dam. Although notified by the proper Officers, that the company were prepared and intending to commence the work immediately, and requested to desist from their work of destruction, they still continued it, and intentions were made that force would be used if the Company attempted in any way to interfere with their progress. The Company then appointed to a Court Commissioner for an injunction A restrain the Lumbermen from their work of destruction, setting forth that they were prepared to go