USA > Indiana > St Joseph County > A history of St. Joseph County, Indiana, Volume 1 > Part 44
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The absorbent power of the reclaimed land and the evaporating surface will be increased. and the quality of surplus water will be pro- portionally diminished.
The diminished volume will give a relative increased capacity with less depth, and thus by degrees the new channel will become stable. while at the same time it fulfills all the re- quirements for complete drainage.
DIVISION OF EXPENSES.
In this improvement it is proper to consider the relation which the Kankakee sustains to the navigable waters of the Mississippi sys- tem, and to what extent the expenses of the work should be borne by the government of the United States.
The Kankakee has always been considered a navigable stream, but the point above which it can not be properly so classed never has been fixed.
Major Jared Smith, of the U. S. Engi- neers, in charge of the river and harbor im- provements in this state, made an examina- tion of the Kankakee in 1879, and reported favorably for its improvement for a distance, by the river. of one hundred and fifty miles. Major Smith's report will be found on pages 1,455-60, Executive Documents. Second Ses- sion Forty-Sixth Congress 1879-80, Vol. 4, Engineers, No. 1, part 2.
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Major Smith's reconnaissance was made by a small steamer from Momence as far up the river as Baum's bridge, and in this entire dis- tance he reports abundance of water for navi- gation. He says : "The greater portion of the distance of 120 miles, which I thus went over, had a depth of five (5) or more feet, and
I found no case where it was less than two feet, and but few as small as three feet."
Baum's bridge is but two miles below the point named in this report as "Grand Junc- tion."
I fully concur in the opinion expressed by Major Smith, and believe that there will be a supply of water sufficient to maintain a relia- ble depth of two and a half to three feet at the lowest stage, even after the channel has been straightened and improved for general drainage.
The uniform slope of the bed of the Kanka- kee, and the absence of any rock obstruction in the entire State, will obviate the necessity for the construction of dams for navigation purposes, so that it will be entirely feasible to make the improvement for the double pur- pose of drainage and navigation.
From Momence to Grand Junction there are but one railway and two wagon bridges. It will not be difficult, therefore, to provide an open way for navigation.
The manifest importance of this improve- ment, as a part of the general system of water communication through the Mississippi river, will certainly command favorable action.
It is respectfully recommended that the General Government be requested to consider the improvement of the Kankakee for the pur- poses of navigation, in connection with the State work for drainage, from Momence to Grand Junction.
DRAINAGE TO THE TIPPECANOE.
The short water-shed to the Kankakee on the south side below English lake, has sug- gested a possible route for the new channel of the Kankakee southward through this dividing ridge to the Monon, and thence to the Tippecanoe and Wabash rivers; and, in accordance with your directions, I made a survey in that section.
The line was run from the mouth of a small creek which empties into the Kankakee in the N. E. # Sec. 35, T. 33 N., R. 4 W., a short dis- tance below the P., C. & St. L. R. R. at Eng- lish lake: thence up this stream five miles to the dividing ridge near the section line, be- tween Sections 23 and 26, T. 32 N., R. 4 W .; thence down a small tributary of the Monon to the head of the Monon ditch, in Pulaski county, Sec. 6, T. 31 N .. R. 3 W. ; thence to a point in the same ditch in Sec. 33, T. 30 N .. R. 4 W., called Hickory Grove, northeast of Francesville.
The levels on this line show that the summit
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HISTORY OF ST. JOSEPH COUNTY.
of the ridge, five miles from the starting point, is 46 feet above the level of the water in Eng- lish lake, and allowing 6 feet for depth of the river and 1 foot fall per mile, a eut will be required at the summit of 57 feet. At the county line, two miles further south, the cut will be 43 feet in depth. The fall from the head of the Monon diteh to Hickory Grove, a distance of twelve miles, is 40 feet; and. with the same slope as before, the depth of the ditch would be 15 feet at this point.
The impracticability of the route being so manifest, I abandoned any further survey at this point. It is important to remark that the fine slope to the marsh along the Monon from its source to Cooper's mill, and the very fer- tile marsh valley along the river, should prompt immediate and active efforts to com- plete the drainage already partly accomplish- ed by the "Monon Diteh." To finish this im- portant work will require the enlargement of the diteh, the straightening of the channel in the lower portion, and probably the removal of the dam at Cooper's mill.
ALLEN AND HUNTINGTON COUNTY MARSHES.
During the month of October I made an examination of the extensive swamp lands in Allen and Huntington counties, along the line of the Wabash, St. Louis & Pacific railway. The field leveling was done by Messrs. Ander- son & Orton.
The marsh region embraces twenty-five thousand acres, and is nearly equally divided ยท between the two counties. In Allen county the marsh is chiefly prairie. but in Hunting- ton county a considerable portion is in the wood land.
In range twelve, running quite through the county, lies the dividing line between the waters which flow through the Maumee to Lake Erie and those which flow through the Wabash to the Ohio and on to the Gulf of Mexico.
The great marsh begins southwest of the city of Ft. Wayne, and stretches along Little river to the limestone ledge near Huntington.
Little river rises in the south part of Allen county, and runs northward to within a few miles of Ft. Wayne, where it is lost in the marsh, but it reappears again with definite banks and channel in Sec. 25, T. 30 N., R. 11 E.
Through the Richardville Reservation the marsh extends quite to the St. Mary river, and it is both feasible and desirable to direct the upper portion of Little river, by a new chan-
nel, through this marsh to the St. Mary. From six to ten feet fall may be found from this marsh to the St. Mary, and there are no stone or timber obstruetions in the line of the pro- posed new channel.
The following table shows the elevations, re- ferred to sea-levels from Ft. Wayne along the general line of the marsh to the surface of the water below the lower dam at Huntington : P., Ft. W. & C. R. R. depot, Ft. Wayne .. 784.
Crossing P., Ft. W. & C., and Ft. W. & M. R. R. 792.8
Little river, in Sec. 25, T. 30 N., R. 11 E,
at crossing W., St. L. & P. R. R .. 757.5
Little river, at crossing R. R., Sec. 26. 756.1
Little river, at crossing R. R., Sec. 33. 754.7
Little river, at Aboite station. 751.3
Little river, at Roanoke station. 746.5
Little river, at Mahan. 741.1
Little river, at Sec. 4, T. 28 N., R. 10 E. 740.4
Little river, at foot of ripple. . 737.0
Little river, at upper dam at Huntington (top) 732.7
Little river, at surface of water below dam 724.7 Little river, at lower dam at Huntington ( top) 723.5
Little river, at surface of water below dam 715.9
The chief obstruction to the drainage of Little river is the ledge of limestone which lies across the channel at Huntington. The entire fall from the starting point, in Allen county, seventeen miles from the upper dam at Huntington, is thirty-two feet, but nearly one-half of this fall is found in the five miles at the lower end. The improvement of the river and the recovery of the marsh lands above will require the removal of the upper dam at Huntington and the opening of a channel through this rock obstruction.
Several years ago a company was formed for the purpose of making this improvement of Little river and the recovery of the marsh prairie. The length of the improved channel of Little river, contemplated by the company, was sixteen and one-half miles from the upper dam at Huntington to a point west of Ft. Wayne, where the river first crosses the line of the Wabash, St. Louis & Pacific Railway.
The roek excavation near Huntington was estimated at sixty-two thousand cubic yards, and the probable cost per yard for removal was seventy cents, giving an aggregate of $44,400. I am not able to give an estimate of the cost of the earth work which will be re- quired without further surveys. It is safe to say, in general terms, that the entire im- provement can be made at a cost not exceeding $100,000, an average cost of four dollars per acre for the marsh land recovered.
17
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HISTORY OF ST. JOSEPH COUNTY.
The nearness of this vast marsh to one of the largest and most flourishing eities in the state, makes its reelamation especially import- ant. These lands are now practically worth- less, but when recovered will have a value at least of thirty ($30) dollars per aere, or an aggregate value of $750,000.
KNOX COUNTY SWAMPS.
The extensive area south of Vincennes, in Knox county, known as Cypress Swamp, lies in the belt of territory between Wabash and White rivers, above their junction. The low lands begin near the city of Vincennes, and, interspersed with sand hills or ridges, consti- tute a series of swamps embracing not less than 15,000 acres. The marshes have but little elevation above the river at ordinary full stage, and during heavy floods they are sub- merged to the depth of five to ten feet. The soil is very rich and the lands will be valuable when recovered.
The reclamation of this section will require the opening of suitable ditches for drainage and protection from overflows.
A small stream called River Dechee runs through a part of the marsh, and is lost in the marsh itself, but reappears, and. through a fairly defined channel, empties into the Wa- bash.
A State ditch was once constructed from the Dechee to White river, and by the en- largement of this incomplete work the upper portion of the marsh may be drained. The channel of the Dechee to the Wabash will fur- nish the proper line for the improvement of another part of the marsh.
In order properly to protect the lands from overflow, it will be necessary to construct levees along the Wabash from the point where the present levee near the city ends, to the rapids, and, also along White river above the junetion of the two rivers. Additional sur- veys will be required to determine the cost of these improvements.
In the eastern part of the county there is another extensive marsh, known as Montour's pond, embracing six to eight thousand aeres which is not subject to overflow from the river.
The levels run by the County Surveyor show a fall of two to three feet per mile, from the deepest part of the pond to White river. This section can be readily drained to White river, and when recovered it will be equal in value, for agricultural purposes. to any part of Knox county.
In the conclusion of this report, I deem it proper to acknowledge the invaluable assist- ance I have received from yourself, in the facilities furnished for the work and in the discussion of methods for its prosecution.
I am specially indebted to the State Geolo- gist for his cordial co-operation, and for the information and assistance which he has given to me.
I desire to express my thanks to the rail- way companies of the State for favors re- ceived, and to the many citizens of the State who have kindly furnished to me valuable in- formation.
The popular interest everywhere expressed in the success of this undertaking, shows how strongly the people will sustain efforts tend- ing to promote the real prosperity of the State. Respectfully submitted,
JOHN L. CAMPBELL, Chief Engineer.
Sec. 3 .- REMOVAL OF THE MOMENCE ROCK. -In Division VII of Professor Campbell's report, the "Illinois Division," he says :
"The other improvements of this division will be similar in every particular to those of Division VI, until the rock ledge near Momence is reached. This obstruction is a limestone ledge which extends about one and a half miles in width, and its removal is a necessity for the proper improvement of the river. The increased velocity of the straight- ened channel above will carry down large quantities of soil and sand, for which a free outlet must be provided by opening a way through the rocky ledge."a
The removal of the limestone ledge, which acted as a dam to the Kankakee at Momence, and thus obstructed the drainage of the val- ley all the way from Momence to South Bend, remained a problem from the date of Pro- fessor Campbell's report until the convening of the legislature of 1887. The writer was a member of that legislature and considered it a duty to his constituents to seek some means of securing an outlet to the Kankakee through the natural rock dam at Momenee. During that session, however, political con- troversies rendered it impossible to make any
a. See Chap. 1, Subd. 6, of this History.
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HISTORY OF ST. JOSEPH COUNTY.
headway in this important matter. The sub- ject was then pretty thoroughly discussed, however, and at the beginning of the session of 1889 a mode of procedure was adopted which finally proved effectual.
Two difficulties presented themselves,-the physical obstacle of the limestone ledge, and the question of jurisdiction over the ter- ritory occupied by the rock. The Momence rock is within the state of Illinois, a few miles below the Indiana state line, and it was not at first clear to the members of the legis- lature how they were to acquire the right to go into another state to make an improvement such as that proposed. This difficulty was happily overcome by the action of land own- ers in Kankakee county, Illinois, who pro- cured deeds to a strip of land, including the river bed, from the Indiana line to and in- cluding the rock at Momence. These deeds were drawn to convey to the state of Indiana an easement in the lands and river bed for the purposes of drainage. There were forty such deeds delivered to the auditor of state. A legal opinion was then procured, to the effect that the state of Indiana, like any other land owner, having a right of ease- ment for drainage in the river bed from the Indiana line to and including the limestone ledge, might enter upon those lands and make the necessary improvement. The Illinois au- thorities afterwards contested this right, and there was much tedious litigation in the Illi- nois courts; finally ending, however, by a decision of the court of last resort that the state of Indiana had a clear right to make the improvement.
The law question being solved, the legis- lature, by an act approved March 7, 1889,a passed an act appropriating forty thousand dollars for the removal of the roek at Mo- mence, in the state of Illinois, the work to be done under direction of three commis- sioners and a civil engineer; the commission- ers to be appointed by the governor and the engineer to be selected by the commissioners. a. Acts, 1889, p. 291.
Before the passage of the bill, numerous conferences were held in relation to the neces- sity of this drainage by Indiana and Illinois land owners. The following is a report of one such conference held in Chicago on January 18, 1889 :
"A number of gentlemen interested in the drainage of the overflowed and wet lands sit- uated in the Kankakee valley met this aft- ernoon in the club-room of the Palmer house. About one hundred persons, including rep- resentatives from all the counties interested, were present. Clem Studebaker of South Bend, Ind., was elected chairman and J. M. Youche of Crown Point, Ind., secretary.
"The following resolutions were introduced and adopted :
" 'Resolved, That it is the sense of this meeting that the first and most important step to enable the land owners to drain and reclaim the 1,700 square miles of swamp and overflowed lands of the Kankakee valley in the state of Indiana, is that of cutting a chan- nel of sufficient width and depth through the ledge of rock which extends across the Kan- kakee river at Momence, Ill., so as to afford an outlet for the marshes, and to accomplish this we request an appropriation be made by the state of Indiana from the state treasury of such a sum as will bring about these im- proved conditions.'
"On motion, a committee of three was ap- pointed from each county to solicit signatures to a petition to be presented to the Indiana state legislature requesting these improve- ments, as follows :
"Lake county, J. W. Brown, J. A. Little, Oscar Dinwiddie; Porter county, W. D. Howell, Dr. John Blackston, De Forest L. Skinner: Newton county, John Brady, John Sink, Janes De Wolf; Jasper county, Isaac D. Dunn, William Danke, George Hoehn; La- porte county, J. N. Conboy, Patrick Hunch- eon, George Dennison; St. Joseph county, Dixon W. Place, Asa Knott, Clem Stude- baker; Starke county, W. H. Coffin, Dr. Hen- derson, J. II. MeLaughlin.
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HISTORY OF ST. JOSEPH COUNTY.
"A committee of three was then appointed by the chair to present these petitions to the legislature of the state of Indiana. This whole matter was presented to the legislature two years ago, but nothing was done. It is claimed that a large ledge of roek in the Kan- kakee river at Momence, Ill., is the cause of the overflow which submerges millions of fer- tile aeres in the Kankakee valley in Indiana. When this obstruetion is removed, the gentle- men interested in the movement claim that this large traet of swamp land will be drained and can be put under cultivation."
The following is the legal opinion pro- nouncing in favor of the validity of the law. It was from one of the ablest firms of attor- neys then in the state :
"Indianapolis, Ind., Feb. 22, 1887.
"Hon. T. E. Howard,
"Chairman Committee on Swamp Lands, "Senate Chamber,
"Indianapolis, Indiana.
"Dear Sir :- Pursuant to your request of yesterday, we have examined Senate Bill No. 237 with such care as the limited time has permitted.
"Two questions may possibly be raised as to the constitutionality of this bill, namely :
"1st. Can the state of Indiana aequire and hold real estate within the territorial limits of the state of Illinois ?
"We have been unable to find, either in the constitution or statutes of Indiana, or in the decisions of the supreme court of Indiana, any statement, provision or ruling prohibit- ing the state of Indiana from aequiring and owning real estate within the territorial limits of another state. By the decisions of courts of other states, and of the supreme court of the United States, it seems to be con- ceded that the United States, or any state, may acquire and become the owner of real estate within the territorial limits of another state, subject in all respeets to the laws of the state within which such real estate is situ- ated.
" 'Rorer, on Inter-State Law,' states the proposition thus :
" 'The ownership of lands by one state with- in the territorial limits of another state is in no wise different from that of the ownership of an individual person. The title and estate in
such ease is acquired and held subject to all the incidents of ordinary private ownership, so far as regards the mere circumstance of a state being the owner.'
" 'Rorer on Inter-State Law,' p. 213.
"The doctrine, as thus laid down, seems to be supported by several well considered eases, among which the leading cases seem to be :
"Burbank et al. v. Fay et al., 65 N. Y. Reps. 62.
"Biddle Boggs v. Mereed M. Co., 14 Cal. 375, 376.
"Pollard's Lessee v. Hogan (dissenting opinion of Justice Craton), 3 How. U. S. Reps. 232-233.
"United States v. Chicago, 7 How. U. S. Reps. 194.
"We find no case in our state reports touch- ing this question. There may be such de- cisions but if they are, they have escaped our notice. If, therefore, the laws of Illinois per- mit, we do not think the constitution or laws of Indiana prohibit the state of Indiana from acquiring and holding the real estate de- seribed in this bill.
"One state acquiring real estate within the territorial limits of another state aequires and holds such real estate subjeet in all respeets to the jurisdictional and municipal regulations of that other state. In other words, it would be useless for the legislature of Indiana to attempt to assert its jurisdictional and muni- cipal control over any real estate within the territorial limits of the state of Illinois. It must stand in Illinois simply as any other private owner of real estate, and must be and become subject in all respeets to the mu- nicipal regulations and jurisdictional powers of that other state.
"2d. Has the state of Indiana the right to expend moneys derived from general taxa- tion in opening that part of the channel of the Kankakee river within the territorial lim- its of Illinois, as contemplated by this bill ?
"The only objection to sueh use of said funds derived from general taxation would be that it might be urged that this legislation would fall under the designation of 'local' or 'special' legislation, and be prohibited by Article 4. Seetions 22-23 of our State Consti- tution, and that it would be in effect applying funds raised by general taxation to the exelu- sive benefit of the owners of the land re- claimed by the contemplated deepening of the channel of the Kankakee river. But we do
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HISTORY OF ST. JOSEPH COUNTY.
not think these objections could prevail against this bill.
"We understand, from the preamble to the bill. that some portion of the land to be bene- fited by opening a channel through the Mo- mence ledge still belongs to, and is the prop- erty of the state of Indiana. We assume this to be true and on that assumption are of the opinion that the objections above named are untenable for three reasons :
"'First .- The contemplated improvement would be an improvement by the state of In- diana upon its own property, held by it in the state of Illinois.
"Second .- The contemplated improvement would be a permanent benefit to the swamp lands still belonging to the state of Indiana. "Third .- The contemplated improvement would be a work of public utility and a mul- nicipal sanitary regulation, promotive of health, preventive of disease. and greatly eon- dueive to the general welfare.
"The supreme court of Indiana has repeat- edly held that when the public health and general welfare of the commonwealth are involved, such objections as those above named are invalid. This is the principle un- derlying and supporting the following de- cisions of our state supreme court :
"Tillman v. Kircher, 64 Ind. 104.
"Deisner v. Simpson et al., 72 Ind. 441.
"Wisnmier v. The State, ete., 97 Ind. 162.
"Anderson v. Baker, 98 Ind. 589.
"We have paid no particular attention to the second and third sections of the proposed act, because they seem to be merely directions with regard to the work to be done in open- ing the channel of the Kankakee river, if the real estate in Illinois is procured and con- veyed to the auditor of state for the state of Indiana, as provided by the first section of the aet.
Yours most respectfully. "MeDonald, Butler & Mason."
Some of the very interesting correspon- dence in relation to the bill is here given : "U. S. Coast and Geodetic Survey, "Crawfordsville, Ind., Jan. 21, 1889. "Hon. T. E. Howard, Senator, etc.
"Dear Sir: I notice with special pleasure the introduction by you, in the senate, of a bill providing for the removal of the rock obstruction in the Kankakee at Momence, Ill.
"This is one of the most important meas- ures that can come before the legislature. and I earnestly hope that it will meet with the
favor which it deserves.
"I can only reaffirm the statements and ree- ommendations made to Governor Porter of the survey made by me in 1882.
"The increased value to the state of the millions of aeres in the Kankakee region, would in a few years repay in taxes the amount now asked in aid of the work.
"The sanitary interests involved in this vast unreclaimed marsh are sufficient to war- rant the expenditure proposed,-while the good name of the state demands the recovery of this dreary waste, now so unpleasantly prominent from the numerous national high- ways which eross it.
"The removal of the obstruction at Mo- mence is the proper beginning of the im- provement-and this is certainly a very rea- sonable part of the general cost of the work for the state. Permit me to refer your com- mittee to my report to the governor in 1882, and to say that the added years have only increased the importance of the statements then made. Very respectfully yours,
"J. L. Campbell."
"U. S. Coast and Geodetic Survey,
"Crawfordsville, Ind., Feb. 15, 1889. "Hon T. E. Howard.
"Dear Sir: By referring to page 24 of my report you will find my estimate of work on the Momence ledge is based on a channel in the rock forty feet wide and five feet deep, giving approximately 60,000 cubic yards .- and estimated to cost, above the probable valne of the stone removed. 371% cents per cubie yard. This gives $15,000 per mile, as stated on page 26.
"It may not be safe now to estimate the cost of removal at less than 50 cents per cubic yard, which would make the channel I proposed cost $30,000.
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