New-York tribune., 1911-02-17
SARATOGA BOARD ACTS
Steps to Establish State Mineral
Springs Reservation.
CONDEMNATION PROCEEDING
Resort to Method as Best to De-
termine Values-May Become
Carlsbad of America.
[By Telegraph TO The TRIBUNE. J

Saratoga Springs, n. y. Feb. l6.-Steps
we're taken to-day to establish the New
York state Mineral Springs Reservation
IN this village, as provided for in the act
psssed by the Legislature in 1909. appro-
prIating $4,000 for the purchase and
preservation Of the natural mineral springs"
located hera
c. s and G. @ Lester. attorneys for the
commissioners George Foster Peabody and
General +. F. Tracy. of New York. and
Frank y. Godfrey of Olean, fled with the
Secretary of State and the county clerk, in
the name of the state, the necessary papers
for the purpose of acquiring. by condemna-
tion proceedings. for the reservation the
Carlsbad. Hathorn No. and eleven acres
of contiguous land located at the geysers
to protect said springs; also the remaining
nne-tenths of Hathorn No. /, In this VII
iage. These acquisitions embrace an area
OF about forty acres in one plot at the
eevserS The commission had previously
purchased one-tenth of the Hathorn and
one-sixth of the Champion, for which they
paid s26,250,
Previous to the death Of Spencer Trask
who was one Of the original members or
the commission. considerable preliminary
work was done, but ii seemed Impossible
for the spring owners and the commission
ers to agree on a price TO be paid for such
property as was needed for the reservation.
Following the death of Mr. Trask and the
appointment, by former Governor Hughes
"A to
seemed to the citizens as though little was
being done toward establishing the reser-
walton. and Of late the commissioners have
been urged to do something 10 prevent the
appropriation from lapsing and reverting
to the state. the time limit under the
statute expiring In May. In an interview
to-day Mr.. Peabody. chairman OF the com
miss sion, SAYS that they have not found the
case so simple as II seemed to the critics.
They have been confronted with two vital
questions:
First-The possibility of the restoration Of
the springs the great therapeutic value of
which has given Saratoga its fame because
of the numberless cases Of health restored
through the proper use Of the waters. This,
we believe. was the dominant factor in the
minds Of the Legisla ture in passing the
bill and of Governor Hughes in giving IT
his approval.
Mr.. Peabody then referred 70 the several
gas pumping companies whose activities in
extracting gas from the water was the di-
rect cause # the passage of the act 10 pre-
serve the springs. Also to the actions
brought by the state against several spring
owners to restrain them from pumping,
which suits have been carried to the United
States Supreme Court and a decision on
which is expected at an early date. In this
connection ne says:
II the pumping and sale of gas Is finally
adiudcated to be an illegal business, then
the values OF the gas pumping companies
are of necessity vastly less than the estl-
mates placed upon them by their owners;
If the contention of the owners OF the
older springs-that the pumping OF gas mas
and does. seriously injure the therapeutic
quality and freer flow Of their waters-ls
justified then the legal value OF thell prop
critics also win be affected by the decision
of the court respecting the legality Of the
gas pumping business and the erect or
such pumping upon the springs claimed by
their owners 10 be affected.
AS to the relative value of the various
springs. MI. Peabody says:
Tho commissioners are as yet unable to
decide upon prices which would he fair 10
the state as a purchaser and also 10 the
present owners. They have therefore, with
real reluctance, felt obliged TO resort TO
their right to condemn the most necessary
properties and leave the price TO be paid
by the state 70 future determination, as
provided by the act
II Is the opinion Of citizens generally that
this step is Of vital Importance to this vii
lage and that it virtually means its re-es-
tahlishmert ds the greatest health resort i'm
the country. The physicians declare that
their plans for the creation mere of "A Carls-
had are now possible.
Senator Bracket, the father Of the res
ervation hil and attorney for the gas
pumping companies. said to-day that he had
not a word Of criticism 10 offer as to the
property taken by the commission. and
added his "commendation that the commis-
sion has at last taken something"