New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-08
CANAL DAMAG rs.
THE BLACK RIVER CLAIMS.

AIpANY, Aprli One OF inc NEST cOnsnS4'''e
the functions of the state Government is thar "nn
devo,ves upon tie Canal Appraisers. 1t Is Inc o"'y
of these officials to estimate and determine TIE oe"
sfis and damages rcsl:ug 10 TdiyldIals from tie
spprop1iatlon ci iheir lands, waIeTs. ara ouei pos
sessions for the Use OF the canals ana also 1" award
ssms OF rouey for damages caused 10 private poP-
eItv by breaks aud other easaaiifs occasloDeu 'S
cence n the paTt If the state ih"te Is a al
- o.. their decision to the Canal Board The
arrrs;sers are three in number, bold citce for three
wars are appointed ny the Governor and confirmed
nv tne Senate. The present Appraisers were ap-
pointed by Coy. Dix and their reputation and mall
discharnq The duties of their Office gener-
ally conceded to bc iFreproachab!e. Their names
and residences are as follows:
THADDI1s {. DAVIS of Buffalo.
WIVES w. SMITH Of Syracuse.
CRADLES G. MYERS Of Ogdensburg
Messrs Davis aud Myc,s arc lawyers Of recog-
pizeG ability, and MI Smith IS a journalist and
business mar. well acquainted with the value OF
lands and property. During the long period OF hfJy
years and more over which the Appraisers records
extend. the agGr,gate amount Of their awards has
reached total OF $70z3 54. OF which about three
quarters have been awarded in the last twenty-five
wears and about One-half since 1850. within the
last twenty years the business Of prosecuting claims
before the Appraisers has grown into formidable
IL has been less bisk. The reputation left by some
of the old Appraisers is none of the best. To show
the SCOPE and nature Of the business which comes
before the Appraisers the following sketch Of the
much-talkedof Black River claims VIII DE OF value,
and il is hoped, Of interest also TO the general
reader:
ORIGIN THR BLACK RIVER CLAIMS.
90 the 2lst Of April. 1859, the North Lake reser-
voir, situated III Herkimer County, upon one OF the
tributaries Of tie Black River. overlooked its banks,
which were soon washed away. and some 4O0.11.OO0
cubic feet Of water precpitated into the North
Branch OF the Black River. Immense damage was
caused 10 property, aad the sufferers immediately
applied to the Legislature for relief, alleging that
their losses were the result Of negligence on the
part of the officers agents of the State in charge
of the canals. The Legislature Immediately passed
an act authorizing the Canal Appraisers to hear the
claims If owners Of property the Black River tor
damages. The parties claiming Indemnity were re-
quired TO lille their respective claims within three
months from the date Of the passage of the act At
the expiration of that period Il was found that 200
claims had been filed. amounting TO the aggregate
sum of SG59fn L. On the 18th OF August the APP
praisers entered upOn their investigation Eminent
lawyers were employed both in behalf of the State
and of the claimants, ard the testimony then taken
Ellis .oj9 octave pages Of PRINT.
The claimants first gave evidence TO show the
negligence Of the State in the construction and care
Of the reservoir. The reservoir completed in
lSsG having been two years in building. After the
Spring freshet of 1855 all alteration recommended
IN the plans to give capacity for ;he discharge
of surplus water in freshets and changes were made
in accordance with these recommendations. In 1861
other changes were made Of nature 70 interrupt
the free discharge OF Surplus water whereby the
safety Of the structure endangered.
Recommendations were soon after made that
a superintendent be kept the spot TO
watch and report, but they were dlerc-
garded The superintendent in charge IN 1863 lived
% miles from the reservoir and the nearest house
was six miles distant from the lake 1t had been
the practice 10 open the gates and draw the lake
down before the Spring freshets. and leave them
open I'LL the food had passed but on this occasion
these precautions were neglected and the snpern-
cdent did not get to the reservoir until the day af
-er the bank went out 1t was accordingly admitted
.hat there was negligence Oh the part of the Stare
In the management OF the reservoir. which rendered
she State liable for such damage as was occasioned
ny the breach
TOPOGRAPHY or THE REGION.
The distance from the reservoir to Lyon's Falls is
e. miles down a winding channel, with a coDs.dera-
ole fall. Numerous mill-dams had been erected
thereon to make Use OF the water-p0wsr. Lyons
Falls Is a cascade of so feet descent nearly perpen-
f,icular I ne distance from Lyons Falls 10 Car
ehagr where is situated the state dam, is ~ miles
with an average fall of only about TWO and half
.nches 10 the mile. For these AZ miles the of
The river is through valley of fat land, from
lalf 70 three miles wide, with low banks ordinarily
overflow by Spring freshets. The Moose River, of
about equal volume To the Black. joins with the
latter at LyoiIs Falls and several other streams
mite with il between the Fails and Carthage, all
which on the 2st of April, at extraordinary
eight. From Carthage to Watertown the distance
.Dy is about 81 miles and the water has much
zn0re rapid how than 1t has above Carthage. Some
- OF Is m-dams were at this time thrown across
the river between Carthage and WatcTtOwu. which.
.>esides giving rise to claims for damage. may be
supposed to have interrupted the onward flow of the
water which hal broken from the reservoir, a point
he Importance of which will be shown in the
sequel
QUESTIONS OF LAW AND SCIENCE INVOLVED.
large proportion of the damage claimed occurred
a. the City Of WATERFOWL 100 miles from
he reservoir ON the 29d Of April. between and 8
.,clock in the morning 1t maintained i'll behalf
,f the State that the testimony showed that this
yas several hours before the waters from the
voir could possibly have reached that city. This
was the opinion held by Judge Brooks, one of the
Appraisers and man of irreproacaabie character.
The claimants introduced the testimony Of en-
rineers TO prove the Transmission, by means of
"translation wave" or displacement swell of the
high water from tbs reservoir over the II
miles of level surface between Lyons Falls and
Carthage in an incredibly short space of time Upon
this theory judy Brook makes the following obsei
vations: The result of this theory simply stated,
is that BIS reason of the giving way Of the embank