The Barre daily times. (Barre, Vt.) 1897-1959, 1910-06-09
LAST WATER
CASE SETTLED
City Pays Smith, WhitcOmb
& Cook Co. $500
TO RELEASE ALL CLAIMS
Litigation That Began With city's Az
quirement Of Water System Ends.
Now Has Right to Use, Unques-
toned, Water for All Purposes

{
toned, Water for All Purposes.
BY the paying Of $4,000 to the Smith,
Whitcomb 4 Cook company this fore
noon, the last penaing water suits
against The city Of Barre are wiped oil
the slate and Barre's water system is
free Of all litigation and restriction -
to the use Of water. The settlement
effected to-day was reached By agree.
ment Of both parties. and cleans up tie
original suit begun ID lsDs BY the Smith,
Whiteomb & Cook company against the
Barre Water company, as well as three
or four other pending suits, settles for
all water pumped and wipes out all in
functions. The settlement gives The city
the rigat to use amy and an waters Of
its system for domestic and manufactur-
ing purposes.
Il has been twelve years since Barre
began moving toward the requirement Of
municipal water plant. With its ae-
QUESTION came numerous suits and in
functions. Some have been fought out
through the courts and some sottled, un-
til the litigation in which the Smith,
Whitcomb & Cook company vs City Of
Barre, alone remained. This now is set
tied.
In bringing about this agreement, cred
it Il due the city council and its city
attorney, ]. Ward Carver, assisted BY
J. W. Gordon, for the city, and r. +.
Cave and Frank I. Small. officials Of the
smith. Whitcomb & Cook company, and
their attorneys, r. M. Harvey and +.
]. Martin.
The substance Of the deed Of settle.
ment is as followss--
That we, the Smith, Whitcomb & Cook
company, corporation existing and do
ING business under the Rws of the state
Of Vermont, and the Granite Savings
Bank Trust company, 1 corporation
existing ard doing business under the
laws of the state az Vermont, ard hav-
ing It's principal office at the city Of
Barre, in the county of Washington and
state 81 Vermont. III consideration of
nine thousand five hundred dollars, paid
Ito our full satisfaction BY the city Of
Barre in the county of Washington and
state Of Vermont, have remised, released
and forever quit-claimed unto the said
city Of Barre ail right, title and inter-
est which we, the said Smith, Whitcomb
& company and the Granite Savings
Bank i Trust company, our heirs, sue
eassors or assigns, nave IN and TO certain
rights in lands and waters in said city
of Barre IN the county OF Washington
and state OF Vermont, described as fol-
Iows:-
The said Smith, Whitcomb & Cook
company have now and own the water
privilege In said city Of Barre, known as
the Smith. Whiteomb & Cook plant,
with a dam and equipments to make
power at said plant for manufacturing
purposes on stream known as Stevens
branch in said city Said Stevens branch
being supplied from waters ID the eoun-
ties Of Orange and Washington np said
stream; that said city 0f Barre mas now
taken and is using Of the sources Of sup
ply Of water Of the said Stevens baneh,
the waters Of Scott brook, So called, ii
the town Of Barre; also the waters of
Peck pond brook and Peck pond so
called, IN said town, und also the waters
OF Martin brook and the Little Martin
brook, 50 called il the town Of WIFE
Jamestown, and the waters Of Orange
brook SO called ia the town Of Orange,
iii said Orange county, and at some time
have taken and used the waters of Jail
branch, SO called, IL the town of Barre,
all of said sources being trihutsry to
said Stevens branch and lowing into It.
Now We, the said SInish Whitcomb Il
Cook company, being the owners Of the
Smith Whitcomb 4 Cook plant and wa
ter rights, and the said Granite Savings
Bank Il Trust company, being mortga
gees Of said plant hereby convey b
quit-claim to the said city of Baire
and give up and waive an right TO All
OF said waters now taken and used by
said city, as hereinafter stated, to wit,
all the waters Of Scott brook, Peck pond.
Peck pond brook, so called, and eleo oil
Of the waters of Martin brook. 50 called
al of which sources we give up 80 said
city at the intakes from said sources
now il use by said city. We also give
up and waive all right 10 all Of the
waters Of tile Little Martin brook, so
called, to the point whore the Little Mar.
tin brook Joins the mann Martin brook,
sa called, III the town Of Willamstown
not restricting the said city Of Barn
from using the waters 81 The Little Mar.
tin brook at its present intake.
And we also guit-elaim and give up
to said city ail right we nave in and to
the Orange brook, SO called, and the
tributaries thereto. to a point where the
Orange brook unites with the Washing
ton brock So called, forming the stream
known as the Jail branch. And further,
We quit-claim and give MP 70 said city
ill rights to water thar we have from
the old intake Of the Barre Water com
pany now owned by said city on Jail
branch, 40 called, with the capacity of
ipes now instituted at and on said JAIN
branch, but this is under condition that
# the said city takes and uses al Of
The said waters Of Orange brook, SO
'alled, the said city shall have no rights
70 the waters Of Jail branch at their
Dld intake, so called, but Il from any
cause the city Of Barre should abandon