The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1909-10-22
ASK TO HAVE BIG
DAM TORN DOWN
Owners of Judge Property Claim
Damage by Water.
M1AsMA AND EFFLUv1A THERE
Complainants Petition Judge Hall 1or
an Injunction-Land in Question OBJ
iect of Condemnation Suits by Cen
trail Vermont

Attorney Robert c. Bacon filed a bill OF
complaint in chancery against the Connec-
ticut River Power company Tuesday morn
mo in behalf of Thomas A. Judge, Fanny
A. Curley and William j. Judge OF Hol-
woke. Mass, Mary j. Bessette and Kath-
crime O'Donoghue of Brattleboroo, Rose a.
Judge of Springfield, Mass, and John M.
Judge of Amherst, Mass, ayyerrlng that
the defendant company by the construc-
tion Of it's ST, 100000 dam at Vernon has
caused the water of the Connecticut river
to set back upon the land of the complain
ants on Vernon street in Brattleboro
Judge Alfred A. Hall made an order that
the defendant make an answer tomorrow,
showing why an injunction should not DC
issued restraining the company from con
tinuing to- flow the land IN QUESTION ad T.
Should such an injunction be g graz eash H.
will be necessary to remove the NASH
boards, or open the gates at the dam, ana
if relief is not obtained in such way
it would be necessary to tear away the
dam on the Vermont side OF the river 70
comply with such an injunction How
ever. there is little reason to believe that
such drastic measures VIII be necessary
to satisfy the compliments. ;, ~
The bill of complaint sets forth that
from time immemorial there has been
natural watercourse known as the Connec-
ticut river and that the orators are own,
ers in common of a piece OF land situated
on the west bank OF the river along the
highway leading from Brattleboro to- yer
non. The orators claim that until the
building of the dam at Vernon Their prop
erty was above the high water mark, put
tbat since the dam was completed the
waters have risen sufficiently to render
their land unfit for cultivation. The COM
plainants say that previous to the rising
of the water the land was valuable
for tillage and agricultural purposes. and
that lying within the limits OF the village
of Brattleboro and near the tracks OF the
Central Vermont railroad it was suitable
for house lots and for building sites for
manufacturing establishments. They fur
ther claim that there is now house upon
the land which cannot be rented though, 1t
was formerly leased at large rentals. Inns
house has become tenantless by reason OF
having been taken possession OF by
''miasma and etf1uvla.
The orators aver that they, have pro
tested that such dam as that bulit by the
defendant would set back the water with
the results they have alleged. They clam
that the defendant has defcd them ana
refused to give them relief.
Upon the complaint as set forth briefly
above the orators ask the court to decree
that enough of the dam at Vernon be re-
moved so that the waters VIII supslue
about the Judge property on vernon
street. They also ask that the court Tx
the damages that have resulted from the
flowing Of such property and that. would
include the occupancy of the premises by
masma and eff1uvia. The defendant,
through it's attorney, Clarke G. Fits, will
appear before Judge Hall tomorrow morn
ing as directed by order of the court :,
On Monday the Central Vermont rail
road instituted proceedings to have tins
piece of land condemned. The action OF
the railroad will quite likely be mentioned
at the hearing before Judge Hall tomor
row. While this action upon the part OF
the railroad may eventually result IN the
road acquiring the land in question it will
not prevent the orators from continuing
their complaint brought in chancery.
The granting of such temporary IN
junction as prayed for with the water at
its present height would necessitate,
opening up the flood gates at the dam and
thereby making it necessary to shut down
several units Of the power equipment. AS
the company is furnishing power to manu-
featuring establishments employing SooO
men even temporary shutdown would
entail heavy loss, not only to the power
company but to the thousands OF EN-
ployes in the various Massachusetts, plants
using power generated at the Vernon sta
ton. The property in question Is as
sessed for $500. An attempt was made
some time ago by the company to acquire,
the land but the price could not be agreed
uDOn