The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-07
A SUIT AGAINST UNCLE SAM
Savannah River Rice Planters Want
$4,000 Damages.


One of the important cases in the United
States circuit court which may come up for
hearing is the joint suit OF George J. Mills
and Henry Tayler against the United
States for $40, 900 damages from the con-
struction of the cross-tides dam to their
rice plantations.
The declaration designates the Ham, +"
.'Springfield, " "Marshalln and "Rae's Hall"
plantations as the lands either partially
or irretrievably ruined by the government
for rice planting. The declaration is quite
le gthy, and there is attached to the in
strument detailed drawing Of the lands,
Front and Back rivers, the cross-tides, etc. +,
to which details frequent reference is made
in the bill Of particulars. The plaintiffs
are represented by Messrs. Lawton and
Cunningham, and in closing the petition the
petitioners say that ''the unde taking and
promise Of the United States to pay to
plaintiffs just compensation has been made
since Nov. 1, 1888"
The plantations alluded to lie partly upon
the northern and western end Of Hutchin-
sons Island and partly upon the main land.
The pc itioners say that 600 acres on
Hutchinson Island and IS acres on the
main land are lowlands below the natural
level OF mean high water, and above the
natural level Of mean low water, known as
AASO ihh1os ouildDic OiAal AOl
and cultivation of rice, which properties
they improved at great expense and have
been for many years past, and are now,
used for rice planting.
The tide GIBBS and flows as it passes the
lands, and the lands have been for many
years past flooded and drained into the
Savannah river at or about high and low
water, the fl oding bel necessary and
essential to the proper planting, cultivation
and harvesting of rice.
The petitioners say that the lands were
drained into the Savannah Front river. or
that channel wbicl flows south and east
from Argyle and Hutchinso s Stands. the
channel fl wing north and east from these
Islands being known as Back river Prior
TO the building OF the cross tides dam the
drainage was ample and sufficient for the
successful and profitable planting and cuI-
tivating of rice.
Front and Back river between Hutchin-
son and Argyle inlets are connected by
stream known as the ''cross-tides" When
the tide is food the water flows through the
from Back to Front river. and
when the tide is ebb the water flows through
the croSs-tides from Front to Back river.
Prior to the erection of the croSs-tides dam
a large portion Of the volume ebbing and
fiDwing in the river flooded through the
In 1879 the United States began the con-
struction of dam across the cross-tides
from the upper end of Hutchinson Island,
on the rice lands, to the lower end of Argyle
Island. The object was that the flow of
water through the cross-tides from Front
to Back river on the ebb tide might be
checked, causing the larger volu ne of
wa or to flow through Front river and
deepen its channel, and that the govern
ment took plaintiffs rice lands, upon which
to carry out the object, without compensa-
ton.
In lengthy bill of particulars plaintiffs
allege how the building of the cross tides
dam operated in some instances to prevent
them from flooding and drain ing their
lands, except by the outlay of large expend-
itures for raising banks, requiring costly
excavation. and The putting of double food
gates, while some squares in the tract they
allege are irretrievably lost to rice culture.
They ask for $4,000 damages as com pensa-
ton for lands taken by the government, and
for improvements to lands which have been
prepared for cultivation at an added ex-
pense. and for expenses necessary to be
incurred to put other portions of the plan
tations referred to In condition for success
tul and profitable rice culture.