The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-10-23
THE OLD BYRD GRIsT MILL.
Made Worthless by Cutting or the
Water SunnlY for Cacoma,a Uaa.

TACOMA, Oct. 22-tSpecial l-For tweuty-one
days an interesting collection of witnesses have
been summoned before Judge Campbell. in the
superior court here, TO testify In unique civil
suit, which promises to be the lougestcontested
case ever brought before the courts of the state.
Already 1t has proved to be the longestdrawn-
out case ever tried in Pierce county. 1t prom
ises to continue another twenty days.
The case is unique because Frederick Meyer,
the complainant seeks to recover $4,000 OF the
Tacoma Light and Water Company, for destroy
ing the utility of his old -four mill-said to be
the oldest in the stately tapping its alleged
source of water supply. The testimony is in
teresting, and so the witnesses because
questions involving the history OF the county
from the earliest settlers down, are asked and
answered. As far back as 1858 the old grist mill
was built by one Byrd, who took up donation
claim, only to find later on that he had not been
profArly located. Still later on Byrd added ro-
nance to the history now being brought out in
court. by being killed st the hands or persons
with whom he had feud.
fuIne brought water from Steilacoom lake,
mile. to the old grist mill, aud 1t is said pc pie
come 100 miles In those days TO have "grist' of
wheat ground. The miller prospered And
now the vital question is, did the changes fol-
lowing the settlement of the Puget sound coun-
try, the building OF railroads, new steamship
lines and other ciyilizihg influences destroy
that property, or did the tapping OF the alleged
sources OF Steilaco ON lake water supply do itf
One OF the most curious features of the COM
rlant is that the water company in taking 3,000,
900 gallons of water daily from Spsnaway aud
Glover creek, curtail the flow of water into Lake
stielacoom, when it ia a fact that at no great
distance from where these creeks are so tapped,
they entirely disappear, sink out of sight in the
gravel, during the dry season. This has always
been the case, 10 a greater or less extent, aud
the complainant AYERS that this water, which SO
mud ifs Hpv n6Sy
ground massage or percolatl on into Lake Stei la
COON and thus, even during the dry season,
supplied that lake with water to operate the
grist mill
Lake S,elacoom covers about $50 acres,
Grayelly lake 100, and American lake 200 acres.
American lake IL about sixty or seventy feet
higher than GEavelly lake, an the latter Is only
ten feet higher than stelaco ON lake. and both
the former are nearer Steiiacoom lake than
the creeks tapped by the water company, hence
the water company argues that II is reasonable
TO suppose the water that made the
mill go came from the nearer bodies of
water: that the settlement OF Pnge, sound
worked q change il the grst or -four mill busi-
ness: that instead OF raising wheat in early
dsys ranchers now raise hops, and that great
amount of water is taken from the creeks in
dispute in the dry season to irrigate hop fields
or fruit orchards. Also that not more than half
OF the 10000 gallons per day taken by the
company WcciC pSlCOicte tIfcueu 10 tHS iake
and would not not raise the Level OF the lax o
the thickness of d trade dollar. ana 1900, ,0o0
gallons per day were used by the mill, the
amGlnt secured would cut no figure
Every stone is being turned by the water COM
pany TO SECURE a Judgment, inAsmuch, II the
suit goes az gaanst it, dozens OF others will bring
suits OF a similar nature At present the old
Byrd mill rents Tor s. year. Meyers side of
the case 10 being pushed vigorously by J. r. Cass
and Col W. ". LiSeu, ana Is vigorously de-
tended for the water company by Priiehard,
stevens, Grosscup & Seymour, who are repre-
sen,ed By C. W. Seymour.