The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-06-27
The RESERVOIR
A Statement Of the Damages
Claimed From the State and
Granted by the Legislature.

Editor Republican.
There has been so much said and
published during the past year in criti-
cism of the claims we made against the
State of Ohio for damages arising from
the breaking of the waste-weir OF the
Lewiston Reservoir in May 1893, that
we feel that the good people of the
county who are desirous OF knowing the
truth in the matter are entitled TO
brief statement from our side.
The Lewistown Reservoir is a..body OF
| water that covers seven Thousand acres
OF land; IL is owned by the state OF Ohio
and our Information is that the state
Is bound by law TO maintain 1t. The
construction of this Reservoir was COM
menced In 1852 and completed in 1856;
at the time OF its construction there
was placed on the south side waste
weir, or what is sometimes called
dam, and which waste-weir Is about
seven hundred feet in length. The
Chief Engineer OF the State, In testi-
mony given in the trial OF our cases,
said that In 1873. There were few re-
pairs made on this waste-weir and that
In the fall OF 1892 one hundred feet Of
the west end OF 1t were made new and
that no other changes or repairs were
ever made thereon until after the Sd
day OF May, 1893, long prior to the con-
struction OF this one hundred feet In
the fall OF 1892 II was noted that this
waste-weir was in q very dangerous
condition. The superintendent OF the
CONSTRUCTION Of this new part, In testi-
mouy In our cases, says that he recon-
mended In 1892 that the whole waste
weir should be made over, that 1t was
dangerous, but that the Board OF Pub.
lie Works neglected to make further
REPAIRS, then, claiming that the same
could not be made for want OF funds.
lon the Sd day OF May 1893, as result
of this failure and neglect on the part
wasteweir. the same was washed out
TO the extent OF about three hundred
feet In the central part; this washing
commenced on the 9th day OF April,
lcenter; this sinking was caused by the
water undermining the waste-weir. The
bottom part OF 1t gave out first and this
occurred on the Sd day OF May. This
whole three hundred feet finally gave
way; this waste-weir, being at the
south part and near what is known a
the fiood-gate, and the Reservoir being
CONSTRUCTED in such manner As to make
full OF water at that time, there having
been heavy. rains, this breaking away
placed the undersigned Whose lands
were below this waste-weir) at the
mercy of all OF this water and it would
be difficult for us to describe here the
condition in which we were placed by
this water coming down upon and al
over our lands. 1t is perhaps enough
to say that great damage was done u
our soil, to our bitches, onr crops, oul
fences and our buildings; IL we woult
desire to worry You with details We
could show you, and the record can bt
had by any person desiring to examine
1t, evidence shows that all the damages
we sustained were caused by the break
ing of this waste-weir and that thi
breaking was caused by the neglec
| of the officers of the state to properl.
maintain and keep up the propert.
of the State.
Under the laws of this State whel
: such damage occurs the people wh'
suffer. if they desire to prosecute thei
claims, must file the same with tn,
Board of Public Works, and must d,
this within one year from the date sucl
damage occurs: in other words, the.
cannot, as in ordinary cases, 60 int
: court and have their rights determines
by court and jury, but they must b
careful about suing the State OF Ohio
Our claims were all filed with tn
Board of Public Works within tn
l year. This board, however, neither in
Investigated nor allowed US anything
claiming all the time there were n
funds with which to pay such claims
never claiming we were not entitled t
damages. We were informed by ou
lattorneys that we had no authority t
bring suit against the State without be
ing first granted permission by tn
= lie gislature. We then went to tn
} Legislature with our claims, and W
Ionly asked for the opportunity to b
heard by a court-and opportunity t
produce witnesses in support of on
claims-and the Legislature gave u
I that opportunity by a special Law
I which provided that the Governor {
] the State should appoint a commissio
, co imposed of three men, which commi,
{ sion should hear and determine ou
\ claims. This was done; our claim
, were heard. We had as witnesses
z support of these claims among the be.
( men OF our county. The commission {
} inquiry sustained us and made finding
\ in our favor.
The special law under which thes
J hearings were conducted provided thu
the amounts. IL anv were found for u
( should be paid by the Board of Publ
} Works. After these findings we,
made we were informed by this boar
that there were still NO funds out