Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-12-12
CONNECTICUT RIVER
POWER COMPANY.
Full Text of Charter Granted by
the Legislature
For Dam Across the River
at Brattleboro.
AN ACT TO INCORPORATE THE CON
NECT1CUT RIVER POWER
COMPANY

Section 1. William II. Ninton, Charles |
w Durham Charles y. Harris. Wilford
H. Bracket Charles X. Crosby. James
Conland. j. Gray Estey and Clarke G. |
Fits, all of the state of Vermont, and
f.. &. Robertson, q. f.. Randall. Fred. |
Harris. John RI. Kimball, r. Nelson Hast |
ngs and Willard Bill. Jr., all of the
state of New Hampshire. together with
such persons as shall hereafter become
stockholders are hereby Incorporated
under the name of the Connecticut River
| Power company. and by that name they
and their successors may have perpetual
| succession. may sue and be sued may
| have a common seal and alter the same,
| and shall have all the rights and
! privileges incident to corporations.
| Sec. >. The said corporation shall
| have the power and authority to con
| struct a dam across the Connecticut
| river AT any point I'm said river opposite
| the town of BrattleborO south OF the
mouth of the West river together with
| all necessary wings retaining walls.
! canals. gates power houses and the
| necessary appurtenances. all to develop
the water power of the Connecticut river
| at the point where said dam shall be
| constructed, and to use and sell water
power therefrom for municipal and
| manufacturing purposes. and TO manu-
| facture produce and sell therefrom cleo
| tricity for furnishing power for any and
| all uses. lighting the streets and the high
ways, lighting and heating buildings,
manufactures and other places. and to
| enter into and execute contracts. agree
| ments or covenants In relation to the
| objects of the corporation and of enforc-
| ing the same; and be capable of punches
| ing. taking and holding any estate, real
| or personal, necessary for the purposes
| of said corporation. and which may be
| necessary for said corporation to acquire
and hold for the purpose OF securing
| debts accrued in the regular business of
| said corporation; and may for the pur-
| pose of distributing and delivering cleo
| tricity for the purposes as herein provid-
ed. erect and maintains lines and con-
! duts under. I'm or upon the streets and
highways of any town under such regu-
| lations therefor as are provided under
| the general laws of this state The
said corporation shall also have the
power To construct and maintain a plant
for producing electricity by steam power
as an auxiliary 10 the water power II
may develop as herein provided. Provld-
| ed always that the said corporation Is
| hereby granted no right or privilege to
construct any dam which will raise the
| water in the Connecticut river at any
point within two and one-haf miles of
the dam of the Bellows Falls Canal COM
pany on said river. either at low. medium
or high water at any season Of the year.
Sec 2. This corporation shall furnish
to any municipality whose territory adj
joins the 0owage caused by said dam.
electricity for lighting the streets and
highways. and public buildings of such
municipality. and for pumping water for
| fire protection and domestic uses In and
for such municipality, which shall be fur
nished In preference to any other de-
mands for or use of such water power
| or electricity produced or manufactured
under the provisions OF this act In
case this corporation cannot agree with
the officers of such municipality or
municipalities as 70 the charge to be
made for electricity furnished under the
| provisions Of this section. either party
| may petition to the Windham County
| Court to have the amount of compensa-
| ton therefor determined: and said coun-
ty court shall thereupon. on due notice
hear and determine the facts involved,
! either by a commission or in open court
: and thereupon make such order and judg
ment In the premises as to the court
, shall seem Just and reasonable. And
, this corporation shall then and there
upon furnish to such municipality. cleo
tricity for the purposes named In this
: section. under and according to the terms
of such judgment and order until the
? same be revised modified or altered by
= said court And In case this corpora
ton shall wilfully fail and neglect to
comply with such judgment and order.
, IT shall forfeit the sum Of S25 dollars
per day as a penalty. to the other party,
action on this statute.
Sec. 4. II in the erection. maintenance
: or continuance of said dam. wings. retain
1 ing walls ana canals, IL becomes neces-
: sary To flow water on to lands or prop
E | erty of any other person or persons or
| corporation, and this corporation cannot
: | agree with the owner or owners thereof
| as To the necessity for and damage to be
: | rtiu therefor, this corporation may
make application to any Two judges of
| the supreme court, who shall thereupon
q appoint three disnterested- commission
{ ers one of whom shall be an inhabitant
q of the town and all shall be inhabitants
q of the county in which said land lies
to determine the necessity therefor and
the damages which the said owner OF
owners shall sustain by the lowage OF
their said land and property for the
purpose aforesaid: and thereupon the
Il same proceedings shall be had as are
| provided for the appraisal of damage
=, in case of railroad corporation TAX
a ing land or property for construction
maintenance and accommodation of its
road i'm chapter 1863 of the Vermont
e Statutes with all the rights of appeal
|, therein provided. And upon payment OF
n tender of the damages and costs so as
certained and determined. this corpora,
i ton may proceed and continue to flow
i water on to said land and property. Pro
Is Vlded. however. that nothing in this act
shall be so construed as to authorize
the taking by said corporation for tn,
y purpose of its charter of any lands oil
u other property already appropriated anC
s. in use for railroad purposes or which
a may be required for the double track o.
u the Vermont Valley railroad between
the villages of Bellows Falls and Brat
d tleboro; and provided further, that tn,
70 dam of said corporation shall not b,
10 flooded until the embankments. roadbed
s. ways, culverts and bridges of the Brat
a tleboro & Whitehall railroad and tn
r. Vermont Valley railroad are properl!
ID and effectively protected against damage
by rubble, masonry or otherwise. to tn
satisfaction of the engineers of said res
pective railroad companies, and in cas-
of disagreement as to the method AM
construction of such protection and it
10 effectiveness, the same shall be de
a termined by a competent board of en-
g gneers. experienced and qualified in rail
s. road construction and work, one to b
re named by said Connecticut River Powe
IN company, one by the railroad company
ID and the third to be chosen by them. An,
y required changes in the construction o
r bridges, culverts or roadbed to be mad
E. by the railroad companies respectivel
r, interested. or their lessees, subject to tn
s. foregoing provisions at the expense o
n said Connecticut River Power company
t, and within a reasonable time after motto
t. of the requirements and security give
is for its payment.
4.