Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1885-08-14

The Great Falls Dam.--Judges Bond
and Morris, in the United States Circuit
Court for the District Of Maryland, lied an
opinion on Monday last, denying an in.
junction in the case of the Great Falls Man
ufacturing Company of Virginia against
Augustus II. Garland, Attorney General of
the United States; VIM. G. Endicott Secre-
tary of War; Major Garrett J. Lydecker
Engineer, and George Il. Chittenden and
Samuel II. Chttenden, contractors for GER
tain work on the Washington city water
works.
The bill asked the Court to enjCin the
building of dam and other structures
across Conn's Island and across the Potomac
river from Conn's Island to the Virginia
shore, and the building of other structures,
and works in connection Herewith on land
alleged to belong to the Great Falls Com
pany, near the Great Falls of the Potomac
river, in Maryland, until the company had
been paid for the land. The opinion of the
Court fills twenty six pages of legal cap
After reviewing the law and the facts at
length the Court says:
"'The officers of the government know
ing that in any event the water supply must
be taken from the Great Falls of the Poto-
mac without waiting for the completion of
the proceedings by which the compensa.
ton was 10 be ascertained, proceeded, as
directed by the act Of Congress, to construct
| the dam and other works. This application
for an injunction is made some eighteen
months after these works were commenced,
and after contracts have been made, costly
coffer-d put down in the river, and other
expensive preparations made for pushing
the work during the summer months. If
the injunction should issue now and the
work be interrupted until the meeting Of
Congress, much of this large expenditure
will be sacrificed. Without, therefore, un.
dcrtakng TO sanction any rule by which in
general property may be taken into posses
sion without compensation first being made,
even when not expressly forbidden by CON
stitutlonal or legislative provision, il does
seem TO us that this is case in which we
should decline to interfere by injunction at
this time II the means provided by the act
of Congress 10 ascertain the amount of com.
Spensation are adequate and proper and the
payment of the amount when ascertained
reasonably provided for and assured.
at is urged that after the judgment of
the Court of Claims has been obtained, the
failure of Congress to pass a law appropra-
ating money TO pay the judgment would de-
feat the complainanps efforts to ge: payment
for its property. This is true, but it is also
true that Congress always has heretofore ap.
propriated the money required 10 pay the
judgments Of the Court of CLAIMS, and as il
has specially designated this Court as the
tribunal TO ascertain what amount shall be
paid TO the company, nothing but a fragrant
breach ofgood faith could delay the payment
The possibility of such act on the part oi
Congress, under all the circumstances of this
case, we do not think sufficient TO justify
the Issuing of u preliminary injunction. II
the complainant is 50 advised this cause may
be continued, so that hereafter, il it should
indeed prove to be true that certain and
adequate provision has not been made fol
payment of the amount which shall be a.
certaincd to be due 10 the complainant, thu
further action Of this Court may be in
, voked"
Gen. Il. +. Butler, of Massachusetts,, il
President of the Great Falls Company. III
and ex.Secretary of the Navy George NJ
Robson argned the compliments case, ant
Hon. John Qoode, solicitor-general, appear
ed for the officers of the United States gov
eminent