Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-11-20

machines. Assuming so machines,
we would have. an annual allow
ance OF IS per year at each mill or a
total, for the nine years of s45 at each
mill.
1 consider that the offer Of above
amount would be a full and generous
allowance to make to the mill owners
in connection with the taking Of the
waters It Jail Branch between 1889
and 1898 for. use on polishing machi-
mes. This amountI is undoubtedly
much smaller than what the mill own
ers anticipate, and they may feel
that the settlement should be gener-
GUS on account of the fact that they
have been obliged to maintain their
rights by appealing to the courts.
l would. recommend that an offer OF
500 be made to each Of the parties, in
exchange for a receipt in full for all
claims ia connection with the use of
the waters Of Jail Branch, by the
Barre Water Co., for the purpose Of
supplying water to the polishing ma.
chimes.
The estimate which l have given in
this report is, in my judgment very
much larger than the accurate esti-
mate would be. 1t makes no allow
ance for the waste Of water over the
dams at the several mills during the
six months OF the ordinary year. 1t
makes no allowance for the fact that
many of the polishing mills have ma
chimes enough for their busy times
and allow part OF them to stand idle
during the dull times without claim
ing a rebate. 1t makes no allowance
for the times when the machines are
standing still for repairs. 1t makes no
allowance for the legitimate use OF
water for washing and drinking and
other similar purposes on which the
mill owners are not entitled to recover
damages.
The quantities used in the estimate
and the lengths of time stated, are also
large..in my judgment. The amount
involved in the controversy, how
ever, is SO small that | think it advis-
able to make an extremely large offer
for the purpose of convincing the mill
owners and their friends that the pol
icy Of the city is unnecessarily liberal.
Settlement with the Mill Owners on
Stevens Branch for the Use OF
Water on Polishing Ma
chimes after April,
1893.
The city OF Barre has furnished
water from Stevens Branch for use
on polishing machines, and has been
informed that part Of the mill own
ers consider such use to be beyond the
rights Of the city, and that they ex-
pect to receive damages for the diver
sion of the water so used, in the same
way as damages are asked in connec-
tion with the waters OF Jail Branch.
No action has yet been brought be.
fore the courts in this matter.
The Water Company and the city
have taken the waters Of Peck Pond,
Scott Brook and Martin Brook, and
have made full compensation to the
upper mill owners on Stevens Branch,
all parties being fully aware at the
time OF the hearings that water was
used for polishing machines, and all
parties being aware at the time OF the
hearings that the taking included all
of .e waters of the brooks mention
&c. No attempt waS made by the
Bar : Water Company or the city to
bell lie the amount they were taking
anu the damages were awarded on the
basi, of a full taking, as stated b. the
commissioners IN their report. These
mill owners IN Stevens Branch, hav-
ing once been paid for the diversion
OF the waters of these brooks should
not again receive compensation for a
portion Of the same damage, by rea.
son Of the specific use to which the
water may be put.
The mill owners below the junction
were present, and represented by
counsel at the hearings before the
commissioners on the taking Of the
Peck Pond and Scott Brook supply,
and made no claim at that time, and
introduced nc evidence before the
commissioners, tending to show that
the use OF the water, contemplated by
the Water Company and submitted to
the commissioners, was in any way
beyond the powers of the Water Com
pany under its charter.
The amount involved is so small
that full payment for the largest
possible damage would not be n Sc
rious question and it may be the sim
plest thing to do, to get from the mill
owners a release for all claims that
they may have in connection with the
diversion Of water for polishing ma
chimes and other mechanical uses, by
making them a tender of the amounts
calculated in this report. l think,
however, that the proposal to the
mill owners, and all papers drawn up,
should carefully guard the city against
any appearance of conceding that the
mill owners have any claim whatever
except on water taken from Jail
| Branch.