Lyman Flood Prevention Ass'n ex rel. Lewis v. City of Topeka

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to enjoin the defendants, including the Secretary of War of the United States, from constructing a levee or “ring dike” as a protection from floods for that part of Topeka which lies on the north or left bank of the Kansas river, commonly called North Topeka.

It appears that along and near the Kansas river, a navigable stream, the federal government proposes to expend a large sum of money to construct such a project, and that the city of Topeka and other local authorities concerned therewith have attended to certain…