The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-04
COL. HOPKINS BEGINS.

COL. HOPKINS BEGINS.
! Senator Hoar was followed by Col.
| Hopkins, who, suffering from the re-
suits of a severe attack of the grip,
! stated that he had put his argument
/ into manuscript form and called upon
! City Solicitor Rugg to read it for him.
j The argument was in part as follows:
! THE determination of the damages
/ sustained by George and Billings Mann
/ involves certain considerations which
| do not necessarily apply to any other
manufacturing properties affected by
the taking of the city.
The question has arisen as to the
construction to be given to the Ian
suage of and to the boundaries de-
scribed in the taking filed by the city
in the registry of deeds, with reference
to the land of Mann brothers.
1t is contended by the petitioners that
the phraSe''ten rods in width around
/ the margin of said reservoirs and
ponds" measured from high water
mark, includes as applied to the Mann
brothers property ten rods in width
around the margin of the long canal OF
as they term it, arm of the pond EXTEND
ing from the dam down undert he road
| to the racks just above the wheels.
While it is commended by the respond
ent that this language includes within
/ the word pond only down to the spill
way.
This small body of water next above
the Mann mill must come within the
| descriptive word pond, rather than
reservoir as used in the taking, as it
has not been suggested during the
| trial that this body was a, reservoir
Indeed reservoirs is hardly applicable
to body of water like the one in ques-
ton. A reservoir is where water is kept
in store for future use. This pond was
in no sense storage basin whether
considered in point of size or use 1t
became important therefore to ascertain
the meaning of the word pond as used
in the taking"
At this point the speaker quoted a
decision of Chief Justice Shaw bearing
upon the point. Continuing, he said:
| This language shows that there can
De no hard and fast rule which can be
applied to determine precisely what are
the limits OF pond, and that the cir
cumstances surrounding each case
must govern as to the intention of the
parties to the instrument.
Therefore, in constituting the word as
used IN the instrument filed by the
city, its purpose is an important factor
TO be considered. The city was al
tempting by its act to secure an adj
dltlonal supply of pure water for pur-
poses of domestic supply The land
which it took was expressly stated to
be taken for the purpose of the pre-
servation and purity of such water
The practical difference in the effect
of these two constructions is shown by
comparing the plans presented by the
petitioners and by the city, which in
dictate the line of taking, according to
the respective contentious. If the in
depreciation suggested by THE petition
ers is to be adopted by the commits
sion, number of tenements as we'll as
substantially all the mill buildings
/ pass TO the city. With the mill build
/ 1ngS also pass all the machinery in
the buildings, under the rule laid down
IN Hopewell mills VS.. Taunton Savings
Bank 100 Massachusetts $40. Neither
the buildings nor the machinery could
/ ne or any use or value to the city for
ing.
The construction commended by the
/ petitioners, therefore, imposes a bur
zen and obligation upon the city which
the situation of the parties at the time
OF taking argues conclusively it was
not the desire or the intention of the
city to assume. 1t shifts upon the
agents of the city the necessity of car
/ ing for an disposing of buildings and
/ machinery which have no value to il
and for which it can have no use. On
the other hand, it deprIves the Manns
OF the use of the buildings and ma
chinery which would then have been
of value and profit to them. They could
have either have sold the machinery
and converted it into money forth
with or they could have removed it for
use by themselves elsewhere.
The contention of the city preserves
all that the public health, necessity or
convenience even requires in connection
with the use of the water. which If
was the intention of the Legislature to
allow the city to take, and leaves the
parties in the situation most beneficial
to them, unless indeed, it be contended
that the transfer of the property to the
city is giving to the owners of the prop
efty q better chance for profitable and
valuable use of their estate than could
be acquired in any other way.
sixteen witnesses We're called to tes-
TRY to the value of the Mann Brothers
manufacturing property, Their iudg-
ment varied from S151S3 by Mr.. Sher-
man, who perhaps gave as logical and
careful an analysis of all the elements
of value as any. to the $35 900 of Mr..
Charles e. Stevens, who was the high
est.
For the valuation Of the real estate
taken apart from the mill property, we
called not only the residents Of Leices-
ter and those familiar with buying and
selling farm property in that vicinity,
but others. Mr.. Horace Kendall, who
perhaps has had the widest and most
varied experience OF any man in Wor-
cester county in knowing values of
country property; Mr. Henry Bigeow
and Mr.. Gates, real estate dealers and
appraisers of wide experience and good
judgment These gentlemen gave you
their opinion as to the value of the land
taken outside the mill property taken.
ana the depreciation in the remaining
property of the Mann Brothers, occa-
stoned by the act Of the city in practi-
cally destroying the village of Mann
vile. These opinions varied from that
of Mr. Horace Kendall $s17, which was
The lowest, TO that Of Mr.. Smith, one Of
the assessors Of Leicester, $2515, which
WAS the highest, the average OF the
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