Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-12-29
FIX
LAND VALUES
Expert Testimony for Government
in Famous Overflow Case

e. C. Lindstrom yesterday after
noon took the stand and testified that
he owned 24O acres on the st. Maries
river above the town of st. Maries,
and says: In 1887 / went up and
down the valley over the lands in con-
troversy several times. The land
was dry and covered with grass; have
Travelled over these lands every year
since 1898 to 1909. sometimes on foot
and sometimes horseback and found
ground dry till 1906"
Value Of the Land.
The testimony in the hearing of
the Washington Water Power COM
pany's case turned on questions of
the hearing that s125 per acre was
totally inadequate to meet the value
of the land sold to the Washington
Water Power company.
The governments expert witnesses,
Fred Russell and William Truman.
testified that they had been over the
land in question many times from
1887 to 1909 and found it dry to
1906. but overlooked from 1906 to
1909. Russell testified that 500
acres of land adjacent to the res
ervation along the St. Joe river was
purchased by the St. Maries Land
company, of which he is manager.
had raised apples, strawberries, veg
etables of all KINDS, hay, oats, cell
cry and peppermint He valued his
land at 5000 per acre, that of sim
liar land on the reservation at $50
to $3.50 per acre.
William Truman testified that he
had travelled over the land from st.
Maries to Chatcolet along the river
through teh reservation and found
the land dry till 1906, since which
time the ground had been wet He
cut SO tons of wild hay from 80
acres for which he paid Barsaw, an
Indian, SO per ton and sold some
for SIS to $40 per ton. He valued
the submerged land at $25 to 5000
per acre.
William Daggett testified that he
sold his farm near st. Maries, con-
sisting of SO acres, for $4,000 and
farmed about 20 acres, the rest be-
ing billy. He valued the land sub
merged az $25 to 5000 per acre.
A question arose today that may
affect the future settlement OF all
these overflow cases not only on the
reservation but along the Occur
d'Alene river, namely whether the
Washington Water Power company
possesses the power of eminent do
main, the power to condemn. The
fact that the company is a private
corporation and has sought a permit
to overflow these lands seems to in.
dictate a weakness in the company Z
armor. The statute of limitations
governing the use of water rights
in Idaho is three years. Should an
, injured party fail to commence suit
: within that statute he is barred from
action that will compel the removal
of the water though he may sue fol-
: damages. BY some the three veal
limit begins in 1906; by others 1t Ii
Thought to commence early in 1907
/ In either case the limit Is now Gloss
] at hand if not already pasesd and
= many injured parties have not We
taken any part in the proceeding
, against the water power company
7 BY a relief map filed by the waite
power company gao acres are show
|, in the valley on the reservation
: only $500 of which are oyerhoweC
; by the action of the dam at 2,126.l
T feet elevation.
5 CrOss-exanline Daggett.
Attorney Frank T. Post was Il
y Icharga of the eross-examination o