New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-29

We were glad 10 publish yesterday the let
ters from Nessrs. John T. Smith and John I
Plat on water rights IN Duchess County. as
authoritative statements on one side OF "A cues
ton which is Of real and great Importance. and
on both sides Of which there is doubtless much
10 be said. We must confess. however. that
some Of The statements in the letters seem 10
us extreme, and not IN accord with what we
have understood 10 be the law ana the facts.
Thus NJ smith speaks passionately Of this
oiys compelling the people 10 q forth and
seek new homes, poverty stricken and hope
less, and describes its plan as one that is "to
'disperSe us as a community, ruin Us person
'ally. and lay waste our possessions" Mr.
Flau speaks as strongly. lie objects not So
much 10 New-Iork's taking property and pay
ING Tor il as 10 its impairiug the value OF prop
erty which il does not take. Were IT," he
says. "a question Of taking property with com
''pensation, while we might object we should
not resist; but there IS no law under which
THE owners Of these homes and business con
Germs can Toe compensated The men
'Will stin hold the titles 10 their property. The
city has no use for ii, does not propose TO
touch it, and cannot pay for it. The city will
only take away its value and render Il use
less. without compensation and without re-
dress We do noc question the sincerity Of
these utterances. But we must contrast them
with some known facts.
There is, for example. the case Of Hiram
Smith against tho city Of Rochester, which
was decided many years ago by the Court
OF Appeals The city deprived him Of water
power by taking water from a stream many
miles from his mill The court compelled the
city 70 pay him full indemnity, and afterward.
when the city took more water and further re-
ouced his power, compelled It to pay further
damages. II has we think, generally been SUD-
posed that that decision established a precedent
under which any city thus fnpairing the value
/ Of property in water rights must pay q full in
! oemnity- Certainly this city has been act
4 Ing in the CrOtou Valley as IL that precedent
/ were stll in force In the northern mart Of
! Westchester County this city has recently paid
! thousands Of dollars IN indemnities 10 men
/ whose property It has not taken and viii not
/ take. indemnity for real or fancied impairment
1 or its value. II has 40 use for the property
/ 1t does not propose to touch It. The title TO r.
remains vested IA the original owners. Rut
I the operations OF the city in that ueishborhood
are believed 10 have lessened the value OF f.
/ and so the city pays the difference il cash TO
/ tie owner. II IS 20 be assumed that what has
been done in Westchester County Will also be
/ done IN Duchess County. If not, we should be
/ pleased 10 learn why.
/ II is 20 be borne in mind Of course. that the
+ payment Of such indemnity might not cover all
/ Tie loss That Is 20 say. while the city might
pay man for his nil which 1t destroyed. It
/ would not and could not indemnify the en-
pioyes OF the mill f.r their loss Of work and
. wages. Neither could Il make good 10 the
farmers living in the surrounding country the
loss they sustained I'm the destruction Of the
market for their produce which the mill town
! afforded. These things are worthy 10 be con-
/ sidered. and are. we think, Of more weight
than in5isCriminate charges II enormous out
/ rage" and OF taking away the value OF prop
Z erty without compensation and without re-
dress" So far as is possible. the city has paid
and will pay for an property taken and for alt
value impaired. Indeed. Il has IN many cases
paid SO generously as TO put the people whose
property IL had taken in much better circunl-
stances than before. The question 10 be de-
/ cided is. Which would be the greater, the in
conYenlences-even the hardships-which q
comparatively few people in Dutchess County
might suffer from the taking OF the water. or
those which the millions Ct this city would
suffer II this source OF supply were forbidden
10 themf That is a question 10 be considered
j calmly and fuaErrnrlv and