Outlet Dynamited

1929 - Oct 16 - Dam Objector Uses Dynamite At Outlet

Expect Legal Battle

A. A. Norris of Elkhart Said to Have Hired Three Men Who Were Arressted Thursday

Contending that the end justifies the means A. A. Norris of Elkhart owner of property at the southeast corner of Lake Maxinkuckee, is said to have hired the three men who were arrested last Thrusday morning on the charge of using dynamite in a publice lake and havinf dynamite and caps in a vechile parked on a public road.

The contention traces back to the move to build the dam at the outlet, which was built to check the outflow of water so as to maintain a higher water level.

The dam was built with the permission of the State Condervation Department which laid down certain requirements regarding the dam.

Mr. Norris contends that these requirement were never met and that therefore the building of the dam was not according to law and that the dam could be taken out with the permission of a lawful body.

Mr. Norris states that the water level is now too high and that it is damaging property around the lake, especially the land he owns, where 75 acres are under stagnate water.

He contends that he was not vilating a law in using dynamite because he was breaking up an unlawful structure. It will be on this basis that he will fight out the issue in court.

Mr. Norris had objected to the dam to the state officials and to the county commissioners, but without avail, and he decided to take matters in his own hands.

The three men hired by Mr. Norris are form Goshen and gave their names as DOnald Cress, George Blender Howard McKee.

The trio had blasted off a layer of the back apron down to the reinforcing rods, which attracted near-by cottagers.

They put in a call for Game Warden Baldwin who in turn called up the State Conservation Department. They stated that no permission had been secured and that arrest could be made on the grounds of dynamiting in public waters..

The arrest was made and the trio lodged in the county jail at Plymouth, with Prosecutor George Stevens filing charges. Mr. Norris was notified and promptly put up the necessary nail.

The front part of the dam is not believed to be damaged, although the workmen wre getting ready to blow it up when arrested, it is stated. The back part of the apron where the first charge was set off will have to be repaired as the protruding iron rods are a menace to boats.

THe irony of the situation at present is that this shot didn't lower the lake any.

If Mr Norris advocates doing away with the dam entirely he will find a predominate majority of the cottagers against him, but if he merely wants a dame with sluice gates so that abnormally high waters can be handled it is probable that such a change could be made.

HOwever, the past summer convinced many of the cottagers that the present dam is not too high and that it was indeed fortunate that the structure was in to preserve the water line during the lenghty drouth.

1929 Oct 30 - Culver Izaak Walton Legue Protests Dam Dynamiting

At a recent meeting of the Culver chapter of the Izaak Walton League a protest was unanimously voted against the dynamiting of the dam by men said to have been hired by Dr. A. A. Norris of Elkhart. This was forwarded to the state consevation depatment

No date for the trail of the three men has been set in the circuit court although pleas of not guilty have been entered by them. In the meantime prosecution is being postponed until word is received from the state board.

It is suggested that if you do not approve of tohe dynamiting and want this dam ledt in the outlet of Lake Maxinkucke that you write the State Board of Conservation, Indianapolis.

Bulletin

The following letter from the STate Department of Conservation has just been received by the Citizen:
Relatice to the dynamiting of the dam at the the outlet of Lake Maxinkuckee please be advised that the cases of the three dynamiters are no pending in court and we intend to press the charges to the full extent of the law.

Of course this Department gave no persmission for such acts and we agree absolutely that it is a dangerous precedent.

Our engineers are convinced that the dam does not injure the Dr. Norris property.

In any event there is no authority invested in this Department for changing existing water levels.

1929 - Nov 6 - Dynamiting Case Set For Nov. 13 in Curcuit Court

The case of the three dynamiters who tried to blow out the dam at the outlet of Lake Maxinkuckee recently has been set in the Marshall circuit court for Wednesday, Nov 13.

However it is stated on reliable authority that the case will probably be settled out of court as the alleged insitgator, Dr. A. A. Norris of ELkhart, is rady to meet the demands of the State Conservation Deparrtment.

1929 - Nov 20 - Goshen Man Guilty of Dynamiting Lake

Sentence Suspended


Employee of Dr. A. A. Norris Fined $250; companions Not Prosecuted by State.

Lester McKey, one of the trio arrested for dynamitign the outlet about a month ago, enterd a plea of guilty before Judge A. B. Chipman last week and was fined $250 and costs. The sentence, however was suspended.

The cases againes the other two dynamiters were dropped by the state, but it is understoof that their employer, Dr. A. A. Norris of Elkhart , would not try to remove the dam again.

They had been out on bonds furnished by Dr. Norris.

It is also probable that it was agreed that Dr. Norris was to replace the part of the dam ruined by his employees.

Dr Norris had claimed that his land had been ruined by the high waters, preventing him from making marsh hay on about ten acres. But the state claimed that there had been no damage and that the dynamiting was illegal.