The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-25
CITY CONTRASTING
CLAIM TO ISLAND
Question Involving Water Power
Rights Argued in Supreme
Court Of Appeals.
REGARDED SOMEWHAT AS TEST
New Electric Plant May Cost
More if Suit Is Won by
Miss Barnes.

Argument was begun yesterday be-
fore the Virginia Supreme Court OF
Appeals In the case Of the city of
Richmond against Barnes and others.
The argument will be concluded to-
day.
| The case involves the whole matter
OF the city's right to certain islands
IN James River and TO the riparian
rights which go with those Islands.
The city lost It's case in the Law and
Equity Court and took an appeal, al
leging number of points OF error.
should the lower court he sustained. 1t
is asserted that the work Of constructs
ing the municipal electric plant will BIZ
greatly hampered and restricted and
that the city will be put to large ex-
pense In condemnlng and buying the
islands and their water power rights
necessary for carrying out the scheme
for generating electric light and pow
err by the city.
Built Clubhouse.
The case In point is regarded as in
the nature OF a. test and Is being
watched by number of claimants OF
other small islands in the upper river
According to the record, party OF
men living on Oregon Hill. several
of whom are city employees. had been
accustomed since 1890 to go to tho
island In question to fish and to bathe
at nights.
About 1883. L. L. Barnes and Charles
q. Jones constructed a small shanty. or
clubhouse. in which they lived during
the summer months as squatters. on
an unclaimed and unused island, and
for several summers. while out Of en-
ployment. they cultivated plat OF
about an acre. raising watermelons. |
radishes and other truck 1t Is a mat
ter of record that on October 90, 1900
Jones and Barnes secured from John |
w. Richardson. Register of the Land |
ONCE of Virginia. grant purporting
to convey to them the island. although |
the city does not concede the point |
that the grant conveyed the identical
island in question, there being num-
Der in the same locality.
Barnes was drowned some time ago
in the river, after heroic attempts had
been made to effect his rescue His
wife has also died. and the sole heir
IF his claim, whatever it may be worth,
IS daughter. Nellie Barnes.
shy TrafYOrd Was Trespasscr.
iAc i6St VI TIE OWHeTSn1O OF the
sland was not raised until June. 1905.
When Engineer e. w. Trafford was
.etained by the city of Richmond to
make certain surveys preliminary to
irawing plans for the city electric
light plant With a view of increas-
ng the available water power at the
lite of the Old Pump House. 1t had
'een proposed to raise an old dam and
1t to the end of the island.
n making that survey the engineers
nd rodmen went on the island to clear
way the underbrush.
Claiming that the island was their
and that the city had lille.
ally taken possession, the suit was
rought by Nellie Barnes, minor,
through Jones as next friend. alleging
hat they had for many years been in
pen and uninterrupted possession, and
NAT they had been turned out with
ut compensation by agents of the civ
{ Richmond. Judgment was entered | |
y the Law and Equity Court on Nav
1909. sustaining the title of Barnes
nd Jones.
IN making It's appeal. the city bases
Is contention both on the refusal OF
ne judge to set aside the verdict OF / |
ne Jury, and on the facts in the case.
Is set forth that In 1880 the cit, |
ntered into perpetual contract with /
General Jacquelin b. Harvie, at that
lfne the owner of land on the north |
more of James River, and of the ISL
nds IN the river. by which he and his
lccessors agreed to furnish q stipu-
lted amount of power for water
umping station
City Secured Patent. III
With view of extending its ripa. III
ian rights the city secured a patent,II
rom the Commonwealth OF Virginia
n July l, 1870. to what is claimed
De The same island. later granted to
arnes and Jones the city, therefore
,ieglns the second grant to be Illegal.
ne city claims that the plaintiffs were
OF legally possessed of the island In
g simple: that they were mere squat
s '1 on city property, and that the
.ty has sole right TO the riparian
Ind.
IN arguing the case for the city. City
ttorney Pollard exhibited to the
ourt number OF maps and blue |
rlnts made by Engineer Traford as
Ut, OF me preliminary survey for the
lec'r'c plant, Cary & Cooke appeared