The Washington times. (Washington [D.C.]) 1901-1902, 1902-06-04
Claim Against Govern
ment Compromised in
Court of Clans.
LITIGATION BEGUN IN 1880
Government Pays $4,000 in Lieu of
S6z5,ooo, the Amount Originally
Asked - Larger Supply of Water
Than Heretofore Is Now Available.

The claim of the Great Falls Power
Company against the United States for
S625.000 for the use of certain property
near Great Falls. for the purpose of a
water plant has been settled. The mat
ter has been under consideration for
several months between representatives
of the War Department, the Department
of Justice. and the Great Falls Power
Company. The claim was finally com
promised for S63. 900.
In accordance with an agreement
reached between all the parties, the
Court of Claims has given judgment in
that amount in favor of the Great Falls
Power Company. In consideration of
this award the power company has ex
ecuted a deed giving the United States
the free and uninterrupted use of the
water from the Potomac at Great Falls
TO an extent of double the present
capacity of the water system.
Litigation Begun in 1880.
The Great Falls Power Company is the
successor of the Great Falls Manufac-
turing Company, of which the late Gen.
b. F. Butler. of Massachusetts,. was the
moving spirit The original purpose OF
the corporation was TO organize a great
manufacturing city at Great Falls and
TO give it the name of Little Lowell.
In 1850 that company brought action in
the Court of Claim against the United
States for the use of its property and
recovered judgment in the sum of sl5.-
es2. The decision OF the court at that
time has since been accepted as the
law of the case. The Judgment was
subsequently reahirmed by the Supreme
Court OF the United States. 1t was based
on an award made by the y. r. Curtis
board of arbitration in 1863. In course
of time the United States extended its
works at Great Falls and diverted more
water into the Washington aqueduct
system.
This action resulted ia the filing of an
other suit by the company in 1889. This
suit was for 100000. and was for occu- |
patton of land and for damages caused
BY the extension of the dam across the
Fotcmac from Conn's Island to the Vir-
gnia shore. In order to still further in |
crease the water supply of the District |
the Government subsequently raised the
height of the dam, and. it is claimed still |
further damaged the riparian rights of
the corporation. which by this time had
been merged into the Great Falls Pow
er Company, the object of which was the |
generation of power for the use of cleo |
trio systems in Washington and else |
where.
In 1888 the company filed another suit |
against the Government fer additional
damnHpg fn tho ~ ~ 4
suit and the one iled many years be-
fore for 100000 have been vigorously
contested in the Court CT Claims. The
judgment just rendered by that court is
accepted by all parties to the case in
FINAL settlement of those suits.
During the negotisN.3ns Just conclud-
ed the War Department conceded the al
legged occupation and appropriation of
The %ater rights and property Of the
Great Fails Power Company. The sum
of S63. 1866 was suggested as reasonable
allowance FOR all claims due the power
c. npaay in the premises by the B. r.
Curtis board OF arbitration, in 1863 The
claimant, 1T appears. had also entered
into an agreement with The War Depart
ment to permit the United States 10 use
very much greater volume of water
Than II is at present using 'or the SUD.
ply of the city Of Washington. when the
need shall become manifested. The cour,
said:
The decision Of this court in the case
OF the Great Falls Manufacturing Com
pany, supra. affirmed by the Supreme
Court of the United States in III [. s.
g., seems 10 be absolutely decisive OF
the law Of the present case, and the
view taken by the Secretary Of War that
the amount OF s62 766 would be a reascr-
sble and just compensation FOR the dam
ages set forth in the two GctioIt as now
consolidated seems TO me to ;e album
dainty authorized by all the facts in the
case"