The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-08-28

with which II Is charged Is duty 10 fur
nish % adequate supply OF
WATER FOR ITS PEOPLE
and all others-the people OF the Common
wealth or strangers sojourning therein.
| That as the need OF water Is perhaps the
highest natural need that man knows, so the
right to supply that need is the paramount
duty In this behalf. That, compared with
the right Of the citizens to relief from FAM
ishing with thirst, the profit Of renting
water-rIgbis by 3 corporation is unworthy
OF mention by whatsoever title that profit
Is claimed. This respondent further show
eth that in pursuance OF its high duty In
this behalf the said city OF Richmond sc-
quived by purchase from Jacqueline b. Hsr-
vey, the owner, by two deeds-the one exc
cuted February y, 1882, the other April
/ %, 1S41--a tract of land bordering on James
river and extending along the bank thereof
about 1000 feet, together with dam at the
western end OF said tract, extending about
HALFWAY ACROSS JAMES nvEg,
with certain islands in said river, the said
dam having been erected and the said
islands acquired upon due process OF con-
dsmnation In the County Court OF Herrico,
which deeds. marked Exhibits b and G,
officially copied, are herewith filed. That
between the execution and delivery OF said
two deeds, and in anticipation OF the latter,
the General Assembly OF Virginia, by an
act framed March 0, 1910, (Sess. .Acls 1910,
D. 1871. confirmed the title Of The said JAG
quellne B. Harvie to the property acquired
uuder the said wrils dd quod ddmnunl, and
authorized and empowered The said city OF
Richmond (see section 2) "by means OF
their present watcr.works, or by means OF
any Improvement or sddinon thereto OF any
kind whatever, TO raise from James river
whatever quantity Of water may be deemed
necessary and proper for the use OF the said
clty.v Your respondent thus showeth that
not only by virtue OF its
RIPARIAN RIGHTS,
but by direct charter from the Common
wealth, through an act Of Assembly, this
city is entitled to raise from james river, by
means Of its then water-works, or any ad-
ditions thereto, sll the water required by
It's people; and this respondent AYERS that
the waier-works therein referred to. and
the property thus confirmed TO the city, Is
the same property, constituting the present
water-works or pump-bouse, the canal
feeding the said pump-house, snd hlling the
reservoir. from which the sole supply Tor
the people Of Richmond Is drawn, and the
dam whereby that canal is filled, or, but
for the
ILLEGAL ACTS OF THIS PLAIETIRP
would be filed, from James river, and no
ether water. works or property whatsoever.
This respondent further afiirms that sub
seouent to the acquiren e lts OF the said rights
the said James River and Ksnawha Com
pany, for purposes OF gain, erected or very
largely extended dam in the river short
distance above the dam thus supplying this
city with water, whereby the natural flow
Of James river was diverted, the water to
which this respondent "a riparian owner
was entitled was abstracted. carried around
the city, aud, for purposes OF gain, wholly
without the legitimate objects OF the said
James River Company, was leased out 10
various manufacturers that so long as naVi-
CATION was maintained in the canal there
was Some color OF right TO this diversion,
although, ss this defendant believes and
charges, the water so taken was always
largely In excess Of the amount needed for
navigation, and was taken simply as
A MONEY uAKYG CoSTRIvASCE
for q corporation otherwise in desperate
financial strait. So long, however, as this
diversion left water enough In the river to
supply the needs Of the people your re-
spondent suffered this diversion, being In
disposed, without overriding cause. TO In
tsriere with the profits OF the canal COM
pany, aud equally indisposed 10 interfere
with shy legitimate profits OF the Richmond
aud Allegheny Railroad Company. But
Wnep, ss Is the present case, the said COM
pany demsnds and Insists upon
MONOPOLY OP THE WATER
Of james river In reckless disregard OF the
rights and Interests and property and
bealth, aud perhaps the lives Of the people,
your respondent claims its natural and ac-
Quired rights. and claims the right to re-
move any obstruction thereto, such removal
being made without unnecessary force and
without detriment to the property OF the
plolntiff.-Hath Us. Wiliams, 25 Maine, 2O9.
Your respondent further alleges that not
only was the dam known as Grants dam,
whereby the lower level three miles) OF the
canal is filed, either entirely constructed or
very largely extended sfier the rights OF
your respondent were acquired, but within
the present year this plaintiff has, as this
respondent is informed, largely increased
the capacity n the same for retaining and
DIvERrIYG THE WATER OF TIE RIVER,
and fatally impaired the capacity OF the
dam, which supplies this city, as Aforesaid,
| to furnish even in ordinary stages oil the
F.ver the indispensable supply OF water Tor
| hsr citizens.
Your respondent further shows that there
| is at this time drought unexampled IN the
modern history Of cur community, from
which but one relief as 10 the citizens OF
r. cbnond is possible in the absence OF long
continued rains. and that is the restoration
TO the river above the city's dam OF the
water improperly distracted by this plain
tiT; that no method Of restoring that water
is go little damaging TO the rights or pro-
perty Of the plaintiff as the raising Of the
cate in the canal, OF which complaint Is
made; that the destruction, wholly or par
tally, OF
GRANTS DAN
IA the only other alternative, aud while that
may hereafter be sought by proper pro-
ceeding, IL is not now asked.
And this respondent further showeih that
n any damage has been done 10 the plain
til by the action OF Hon. William c. Car
rIngton IN this behalf that that damage is
ca pable OF compensation, should be in
ouired Of in a court OF law, and can easily
be recovered Of the respondent IL 1t is
liable.
And having fully answered, this respon-
dent prays TO be dismissed with its costs.
THE CITY OF RICHMOND,
By It's Attorney.
Affidavit to this answer waived.
Nesting or the Board OF Aldermen.
The Board Of Aldermen met Yesterday at
1890 p. NJ. The body was called TO order
by Mr. Dickerson, and on his motion Mr..
Bass was invited TO preside.