HISTORY OF CLAY COUNTY                      45

water a dense forest, which all experience proves would act as a barrier
to the spread of this poison. Then some occult cause must have been
the executing agent in this case and not the waters of the reservoir.
    “There is no doubt that if the grounds of Birch Creek reservoir
were once cleared and then submerged, an infinitely better state of things
would exist than does or can exist under any other circumstances. But
if those grounds were once permanently submerged with the timber
standing, after a time all deleterious influences would be at an end; but
while permitted to exist in its present condition, time knows no termina-
tion to its pernicious influences, while heat and moisture are elements
of decay. The free edges of this reservoir are also being cleared of their
timber, which can have but little good effect. Permanently submerging
is all these grounds want to greatly improve the health of their immediate
neighborhood. In reference to the feeder dam in Eel river, all the bad
effects that would probably result would be from the exposure of the
sand and mud bars in the bed of the river below the dam. These, no
doubt, do exert an influence while undergoing the decaying process.
The difference between this and ordinary dams for milling purposes is
that the water in this pond remains at the same level during a regular
stage of water, keeping entirely submerged its overflowed banks, while
small streams are subject to constant changes, thereby exposing alternately
the sand and muddy banks to the direct rays of the sun.
    These reports exasperated the people and further intensified the
opposition to the construction and maintenance of pools and feeders on
Clay county soil. On the 25th of January, 1854, the following notice
was published in the Clay County Advocate:

    There will be a public meeting of the citizens of Clay County, without regard
to party, to consult upon their interests involved in the erection and maintenance of
reservoirs, dams and pools of water in our county, by the trustees of the Wabash
and Eric Canal. Said meeting to be held at the residence of George Moss, on tho
22d day of February, 1854.  MANY CITIZENS.

    This meeting was addressed by Daniel Dunlavy, representative in
the state legislature, and other citizens of the county. The sense of
the meeting, as manifested by its proceedings, was that of hostility to
any further prosecution of Birch Creek reservoir works, unless all the
timber should be removed before inundation, and the owners of the lands
and timbers compensated for their property. Resolutions were adopted
declaring the determination to use only legal means for the removal of
the “nuisances,” or the correction of the evils attending them. Previous
to this meeting the opposition had appealed to the courts, and secured
an injunction against the filling of Birch Creek reservoir. The trustees
of the canal offered to contract the removal of the timber from the
reservoir at the rate of $7 per acre, but failing to succeed on this propo-
sition, proceeded to fill the pond. In May, 1854, the bank was slightly
cut, but discovered in time to prevent any serious trouble. On the
night of the 22d of June following, 100 feet of the embankment was
cut and the body of the water let out. On the 19th of July, J. McLean
Hanna, attorney for the state, published the following call:
    “A meeting of the citizens of Clay county, and especially those
interested in the Birch Creek reservoir, will he held at the Feeder Dam,
in said county, on Friday, the 28th of July, at 10 o’clock A. M., to con-
sider the best means of arranging the difficulties which exist in regard