The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-07

Now our contention is based upon this
belief. 1t is probable that for more
Than 20 years the Kettle brook was in
the same state of pollution as in 1895,
at the time of the city's taking. Wheth-
er the mill owners were responsible for
this condition or whether it was the
result of a gradual accumulation, it
matters not, the fact remains that the
stream was in a polluted condition. 1t
had reached that state during 20 years
or more. 1t was a brock which might
be polluted to a certain
point. Unless you gentlemen imagine
this stream in its natural state, then
the existence of its condition shows
that it was rightful. Before the taking
power and for washing. The greater
part of it was stored and used for
power. The balance was used for
washing. The taking by the city has
destroyed the value of the stream for
power purposes and rendered what
there is left of it to small and insigt
nificant for washing.
1t is not alone the taking which we
ask you gentlemen to consider, but the
act, has reduced the value of the brook
not only in its dimensions but in its
quality The stream may have been
polluted at the time of the taking, but
it was in perfectly legal condition,
and the act has rendered the city liza
BILE.
Suppose there were two mill owners
only on the stream, and the lower
grants the other the right to dump
polluting substances into the water,
this grant to be represented by x. The
city representing the other mill owner
abuses this privilege and the effect is
that the pollution is increased, giving
the result of x plus Y. What is the
result of the city's act? Is not the act
the reduction Of the stream by three
fourths and the increasing Of the
amount of pollution? There is ne double
involved. We ask simply for
the damages due as for the destruction
of the value Of the entire stream, first,
because 1t now affords no power, and
second, because it can't be used for
washing purposes We want payment
for our loss, but we only want it once.
Now let us consider the question of
the water stored In the reservoirs at
the time of the taking. 1 thoroughly APP
preciate the weight of argument
brought to bear upon this point by the
learned counsel upon the other side. l
do not intend to follow the minutiae of
that ulSCu6SlOIl. we say w lV0h bIO
waters of Kettle Brook in June of 1895.
In effect, you took all that was con
tanned in those reservoirs including the
fall of rain from heaven. There was a
great amount of rainfall in those reser-
voirs as the result of the fall Just before
the taking and also the fall of years
before. If we have right of pay for
any of the waters taken from us we
surely have right to recompense for
the waters stored in those reservoirs.
You have taken the strong box, which
by the grace of God had been given us
and in which had been deposited each
year the treasures for our use Not only
have you taken that precious gift, but
in addition you have taken it at a time
of the year when the fairy goddess had
paid her annual visit. And we now ask
you to pay for not only what she had
put there that year. but for what she
had put there in years before. The pro-
position is simple one.
Now there is a question regarding the
value of the reservoirs as such. We
have caused to be put upon the witness
stand experts who have testified that
they were of great value as sources Of
water supply. That evidence has been
rejected, it was said that it was incom-
petent. 1t was said that we had no right
by law to use these reservoirs for such
purposes, that we must get a franchise
from the legislature and that 1t was
necessary to take into account the
chances of getting such franchise.
The learned counsel upon the Other
side said that we must needs get dy-
nameter or some other instrument as a
means of measuring the force of the
lobby. Now what we claim is that these
reg vii 10 IF nf
Arnold reservoir were in condition fol-
use as water supplies. They had beer
constructed in a shape to hold water
and plce the property had been en-
HANGED in and Increased In value We
say it had a value.
Our proposition is that 1t had q mar
ket value and this has been established
not by the assessors of Paxton but by
men who know, experts from all over
New England and the United States
men who have seen those water basins
and who are learned in such things.
The learned counsel who opened this
case in his closing argument dwelt
upon the superseding of water power
by steam. If he had read the list of
water acts passed in this state Stree
he began practicing law and since
began practicing law, he would have
found plenty of examples for argu-
ment.
Steam has succeeded water power
Yes, there is no denying this fact
but these streams have created a town
They are wanted for many PURPOSES
Yes, they are wanted to flow through
the gentleman's pipes bringing him the
water of life, as he calls it, to be
drunk and pay nothing for it. These
streams are all exhausted. They are
being exhausted every day. In many
places they are digging wells and hero
in this vicinity, these hills, these res
.ervoirs are sources of life.
AS the years go by, these life giving
.Gtreams are being diligently sought for.
Only a short time ago, the state took
several towns, built great dam and
7ooded an entire valley, ana this is
lie only temporary. 1t is only question
Of time when they must go on through
the mountains to the Swift river, to
satisfy the increasing demand. Any
one with half an eye can understand
these things and appreciate the val
uation we place upon what has been
taken from us
Are we to go back to nursery tales,
are we to be amused by stories of
Aladdin's lamp, are such things to be
substituted for argument? There is
one thing about Aladdin's lamp: IF it
was any kind of lamp 1t shed light
and that kind Of talk showing Feeble
ness and want of strength, sheds TO
light at ALL
Gentlemen, I ask you, would the city
of Worcester part with this privilege
for the price we have put upon #?
They have called in their experts, men
who can discern the seeds of time and
pick forth those that will grow and
those that will not. They are prophets
The distinguished counsel upon thu
/ other side has referred frequently t,
/ the fact that value Of property is basec
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