Connecticut western news., 1908-02-13
POWER COMPANY
 BEFORE LEGISLATURE
ARGUMENTS FOR AND AGAINST

President of Power Company Showed
 That Water Rose as High Before
 Erection of the Dam Near Canaan,
 as it has Since Company Offers to
 Submit Itself to Massachusetts
 Court as to Damages-Treadway's
 Assertion Open to Doubt.
 The committee on judiciary of the Massachusetts Legislature gave it's hear ing last Thursday on the petition from Southern Berkshire asking that the at- torney general be directed to take steps to obtain damages from the Berkshire Power company of Canaan, Conn. be- cause of the overflowing of land in Shef- field through the erection of dam across the Housatonic river near Canaan and two miles sonth of the state line.
 The case was opened by H. C. Joyner as counsel for the petitioners He argued that it was an invasion of the states sovereignty. If allowed it could be oar ried to the extreme that dam could be built across from mountain to mountain and the whole valley made a lake. He recognized the fact that manufacturing has superior claims to agriculture and that farmer can obtain damages but cannot stop the erection or maintaining of dam. Massachusetts cannot allow the erection of dam that will inJure citizens of another state and he believed the same was true in Connecticut.
 What the outcome of the case would be in the Berkshire county court he could not say. A bench warrant may be issued and he supposed an officer of this company might be arrested i'll Berk- shire county if touring throngh in an automobile. He had been to the attor- ney general but that official said he had no authority to act MT. Joyner con- sidered this to mean that he would not oppose 1t. He was i'll hopes to obtain something more than damages; he was looking for some regulating result that that would save these people trouble in the future.
 Senator Allen T. Treadway said it was deserving case. It was a small town with 8 small valuation The whole town is effected. To get what it con siders it's rights it will be obliged to con duct an expensive lawsnit outside the state. It was case where the state should extend it's strong, protecting arm. The town is just as much part of the commonwealth as the city of Boston. He believed some method coald be found to afford the necessary protection. The town is peculiarly located. The south line is only six feet lower than the north line. Is there law that will prevent this company from raising it's dam to a point where it will make mill pond of the town of Sheffield? These towns people manfully say they want to be allowed to live and not to be made to commit suicide. About 20OO acres of land are flooded and at high water two miles of highway is covered with water and one-h half mile IS flooded at all times. The summer resorts business is to be greatly disturbed and adversely affected. (See editorial entitled "Prieking a Bubble.'') ..
 Other speakers in favor of the resolve were Frank Curtis, J. w. Curtis, George A. Brewer, w. D. French, John A. Griffith and George G. Peck.
 J. Henry Roraback of Canaan, presi- dent of the Berkshire Power Company, also it's attorney. represented the com pany before the committee. He said that already $25 GOO has been paid largely to Sheffield parties. In each case it was more than the value of the property. The only persons not settled with are those who have asked for larger sums than the company was willing to pay. The courts have decided that the parties are entitled to no relief by injunction, but that it is 8 question of damage only. This decision has been affirmed by the United States Circuit court. AS for the flooded highways they were flooded at times of high water for the past 30 years He knew for he had lived in the valley as q boy. He exhibited blue print diagram showing that the water below the dam had been so high as to cover the dam and that the structure itself did not cause tbe set back. There had been an unusual period of high water this December. The government records taken 30 miles below the dam showed flow several times that of year ago. The company made an agreement with the Sheffield selectmen to fix the high way and subsequently, the town officials ordered the work.
 In answer to questions he said the company would submit itself to the Massachusetts courts on the matter of 2