Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-14
INTERVEN0RS
GIVE EVIDENCE
GOVERNMENT CLOSES AND SET.
TIERS TARE TURN an
POWER COMPANY,
Attorney Post Wins Point in. Exclud.
ing Damaging Evidence.

flow hearing, STIMULATING that any EVIL
dence introduced by deposition shall
be only cumulative or in rebuttal.
but nothing new. The interyenors
commenced the introduction Of testi-
mony through their attorneys, A. q.
Elston and J. II. Ballinger.
John Bolton owns and resides
upon a farm about three miles
above st. Maries. Mr.. Bolton testi.
fed. that he is familiar with the
4 lands between his farm and the res
eryation line: knew location OF
Caesar Stauffer place, located be-
tween his place and reservation line.
The lowlands from his place Flower
stauffer place. and the reservation
include between 500 and 1000 acres
of meadow.
Attorney Post objected to witness
testifying as to number of acres
overfowed between the Caesar Stauf-
fer place and the reservation. OBJ
lection sustained.
Mr.. Post pointed out that the in
teryenors should have had surveys
made and maps drawn of the lands
alleged to have been damaged and
offered the use of the Washington
Water Power map, checked up. ap-
proved and accepted by the govern
ment.
Mr.. Elston for the intervenors
claimed the right to present his
clients case in his own way and re-
fused the acceptance Of the com
pany's map on the ground that the
lands in question have been damaged
by the overflow above the altitude of
2128 feet, % which height only the
W. w. P. map applies.
Counsel i'm Tilt,
A lively tilt between counsel here
occurred as to the character of evil
dence to be introduced involving diff
ference of opinion in interpreting
the secretary of the interiors in
structions regarding the evidence the
intervenors are to be permitted to
introduce. 1t is clearly evident from
this mornings session that the dam
age points covered by the govern
ments testimony will not be permit
ted to be made by the intervenors.
the assumption being that climatic
conditions, spring freshets and gen
eral damage on all st. Joe and st.
Maries bottom lands overlooked are
the same.
Witness said about two-thirds of
his land has been ruined. Prior
to 1906, from 500 to 500 head of cat
tie grazed on lands from his place to
st. Maries; since 1906 have pastured
about $50 head; hats not been able
to keep more because we could moi
get hay enough to feed more cattle
due to the backing up of water by
the Post Falls dam; in 1907 the
water was about three feet higher
than 1906; in 1908 the water wal
five feet higher than 1906; in 1909
six feet higher than 1906; in 1905
banks crumbled by wave action NOR,
than all other years put together
spring frAshets overflowed land every
year but 1901 from one to threG
ieet; heaviest losses of bank in May
lsO9; bank washed away eight o.
ten rods in place; md the bottom
OF river opposite my barn and
snort way above it is growing shall
lower the past three years; my Ian,
on south side of river is little high
er than on the north side of river
nelght of my meadows above waite
N 1906 was from six to eight feet
banks at my place are pretty high
NE highest part of the high bank
gen feet above the water; the loves
algh bank is three feet above water
u 1908 water overlooked the lo'
ugh lands in July; in 1906 Their
we're between 500 to 1000 acres Gu
over hay land between my place an
q, Maries; in 1907 cut about rs ton
out less than 1906; in 1908 cut owe
much less but can't say; l cut 1
IONS on about 25 of the 80 acres {
meadow land ON south side; did ne
cut rest because of water; in 100
aid not cut land on south side;
1904 meadow dried up In July. O
relative heights of high water frol
iseo to 1909 witness gave eompar'
I've heights.
Kept Batting Busy.
Register Batting's duties tn
morning included more rulings &C
objections. "to strike out" etc.. thi
any previous session during the hea
Ing.
Ira Miller resided on 40 acres {