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

fected by the existence of these res
erVoirs if we hadn't taken them The
mills below the sewer will sell at auc-
uon tomorrow for a sum effected by
the existence of that return water.
suppose the assessors of Worcester
or Leicester were in your places. Is
there one market value for taxation
and another for assessing damages?
Would they set their hands to a sworn
valuation on one principle and an
award on another principle? If the de-
sire which makes valuation be in
creased so that the estate would sell in
the market for as much or more after
taking than before, then the plaintiff
is not damaged no matter how much
that desire is excited. We have taken
from these reservoir owners the right
to modify and control the flow of that
water before it goes down to these
plaintiffs, and have substituted for it
a right of our own to modify it and
control it before it goes down to these
plaintiffs
The only difference in conditions be-
fore and after the taking is that the
reservoir owners, though not bound TO
regulate it, are bound to let it go down,
although it might only be in the nat
ural fashion which would be worthless,
While we are not bound to let it go down
at all.
Now these plaintiffs are driven to re-
ply, but our easement mad a value in
the market from the probability that
the interest of the owners above would
induce them TO store it in reservoirs
and send it to us regulated and con-
trolled through the seasons. Very well.
so be it. 1t has a greater value now in
the market from the probability that
the interest will induce us to send it
down controlled and regulated in a bet
ter way through the seasons.
They may take their choice. They
may abide by their legal right only,
and not consider probabilities when
they estimate the value of their estates
before the taking. If they have got a
legal right then they must be paid for
IL. II they have not got it, then this
water is ours, as the rain of heaven is
ours
The pure water of Gods heaven is
serving Gods purposes when it is con-
Quoted in its purity to the men. women
and children of Worcester fully as
much as when it goes to the mills of
these manufacturers. The Scripture
examples of perfect freedom and the
water OF life and the rain of heaven. [
Now as to the return water through
the sewers. We suppose that seventy
f1ve per cent of this water will return
through the sewers. 1t will come back
with an equal and regulated flow
through all the year instead of the I'M
regulated flow to which alone these
plaintiffs were entitled
Now, i you find that the taking by
the city of the right to divert ali the
waters of Kettle brook has made no
dlherence in the fair market value of
any plaintiffs premises, because of the
pubic confidence that the condition and
use or the brook will hereafter be such
that the plaintiffs will receive there
from as good and ample a supply as
now such plaintiffs are not entitled to
receive substantial damages.
ABOVE the mouth of Kettle brook
the mill owners who are petitioners had
as experiment to their estates certain
rights in the reservoir known as the
Paxton reservoir, including the right
to have the flow of the water regu-
lateo for their benefit according to the
provisions of a written contract to
which they and their predecessors in
title were parties. They also, of course.
owned and controlled the ponds con-
nected with their own mill.
below the mouth of the Kettle brook
the petitioners stand differently. They
had no legal right except to have the
water come down in the natural chan
mel, subject to thea reasonable discre-
ton OF the owners@ebove to regulate it
Tor their own benefit. Over this discre-
ton the owners below had no control
and they had no legal interest in its
exercise. They had the right only to
receive the waters of an unreglllated
stfeam. The owners above might at
any time discontinue the use of their
mills take down their dams, take
down the dam at the reservoir and suf-
Ter the water to flow unregulated, I'M
checked. unveXed to the sea.
The city of Worcester has purchased
ana PAID for or will have paid for when
the amount due is ascertained. the
right to take down the reservoir dam
Our claim is that, having purchased and
paid for and exercised that right, we
are not bound to pay for it 80 times
over we are not bound, having paid
the men who owned it. to paw for if
over and over again 80 times to men
VINO ola not own it. All to which the
mil owners below the mouth of Kettle
pIook hau any legal right, was an I'M
regulated, natural stream. 1t is for
diVerting the water of that only that
they can lawfully claim damages.
Inc plaintiffs make two claims akin
10 each other and which apply to the
small privileges. They say that the
Ealue or the water they have left is
destroyed or impaired. First. because
there Is not enough or it to use profit
ably upon the wheel. Second. because
the proportion of pollution to what is
left of the water is so great that it is
unht for other manufacturing mr.
poses such as washing and making
steam.
The first of these points is, I am in
cLhea 10 peheVe, we'll taken. So far as
the plaintiffs loss of power is con-
cerned, the diminution of the quantity
available for power, whether by dimin-
lshing the supply of water or by rem
dering the rest useless, would seem to
be fair subject|for consideration.
But the second claim We utterly deny.
Ihey have not shown any right what
ever on the part of any riparian own
err above to pollute the water. Their
remedy if the stream be polluted is
against the man who pollutes it, and
not against the city of Worcester.
Now, Mr.. Chairman, is the plafntifss'
formula for getting at these values
sound or is it not? Was the wa -,., or ~,
the wheels available for power worth
s2u 10 $i5 per horse power per annum /?
snail that be capitalized at the rate
or interest on the best securities and
the amount diverted paid for in that
proportion? Shall Stevens have as nav
| LoI oile- tenth or the water, SIS 600.
When the whole of it for purposes of
taxation is not worth but $35 900 until
~ acres Of land are thrown in? Are
lnese mil properties worth for this
/ purpose from 10 to 40 times what thay-
are worth for any other?
III you answer these questions yes
your duty Is simple; but if you answer
Lnem no, then this Leaning Tower, This
rover of Babel constructed by Allen
ana Shedd, with so much labor and in
genulty' falls to the ground. You must