The Washington times., 1911-01-22

Jury Is Summoned.
Mr.. Wright says:
I'm 1855 a jury was summoned at the
instance of the Government. to assess
the damages which the dam would cause
the company. The jury assessed the
damages at $150.0no!
when II Is borne in mind that the
United States purchased its rights in
the 100 acres now owned about the Great
Falls for 1920, the award which in
volved taking a small strip of land
across a sterile island about 800 feet
wide at the point where the dam rests
was amazingly large
The significant feature of this trans
action is that, from 1899 to 1853, the
manufa curing company had displayed
no signs of activity. AS soon as the
Government began, in 1853, making plans
to use Potomac river water at Great
Falls for a water supply for Washing
ton, the manufacturing company got
busy, buying Conn's Island ana demand.
ing an eXorhitant price for the part Of
it the United states had to have.
Government Refuses.
The Government refused to accept the
award giving the manufacturing COM
pany $4,000 damages, and for nearly
Finally, in 1862, by agreement, it was
turned over to a commission of five
lawyers, who recommended four plans
of settlement, involving the payment of
damages amounting to $4,000, s6S, 766,
$I7.2O0, or 49, 92, according to which plan
the Government accepted, and giving
the Government the right to build
dam at Great Falls.
to accept the award, but the United
States went ahead and built the dam
anyway, completing it in 1867. The
manufacturing company sued for S0o0'Oo
damages in the Court of Claims, ana.
in 1880, was given judgment against the
Government for Sl5,6S2, the exact
amount of the award under plan made
by the commission of five lawyers IN
1868. The manufacturing company APP
pealed this case to the Supreme CourL
of the United States and lost.
Gets Right to Build Dam.
The plan adopted by the United States
gave it the right to build dam from
the Maryland shore to COnn's Island,
and gave it the use Of all the water the
dam diverted. From 100000 to 100000
gallons per day was used from the time
the dam was completed in 1861 until 1Ss2
when it was proposed that the United
States acquire additional water rights al
Great Falls, to increase the water sup
Div of Washington.
in ISs2 Congress passed a bill pro-
viding for the acquisition, by condemniL-
ton, of sufficient land to extend the
dam from COnn's Island to the VIZ
ginia shore. The manufacturing com
pany again put in a big claim and
tried to stop the work. 1t carried q
fight TO enjoin the Government to the
Supreme Court of the United States and
lost but the question of its damages
was not settled in this case. ...,o, -
The award of the commission OIL
lawyers in 1868, it will be remembered
provided for four possible plans. The
Government accepted the fourth, oullI
the dam from the Maryland shore 70
Conn's Island and paid N5'6% damages
Act of Congress Obtained.
In 1852, the act of Congress providing
for the extension of the dam directed
exactly the work outlined in plan one
proposed in 1868, the construction of
dam from the Maryland to the Virginia
shore. crossing COINS Island. The
damages under that plan were to be
s63, 766.
The extended dam was completed IN
1856. but in the meantime. the manu-
featuring company had filed a claim,
through its president, General Butler,
for s., OO0, 900. This was source OF COZ
troversy for twenty years, ana was
pany after that concern took over the
property and franchises of the manu-
featuring company IN $3.50. ,, a..
The Butler claim was finally settled IN
1902, the United states paying od i5a5 IN
of $50, 766, the exact amount proVideo IN
plan l of the award proposed Dy inc
commission of five lawyers in 1865.
Government Held Up.
II can readily be seen that the Cow
eminent was held up for s15,692- If plan
l had been adopted originally the right
70 build the dam from the Maryland to
the Virginia shore would have been OBJ
tanned for S6S, 766, but plan was adopt
ed. giving the right to build the dam
from the Maryland shore TO conn Is
land for payment of Sl5, 6S2- Inc rignt 10
extend to the Virginia shore, manltestly,
should have cost the difference between
5,692 and $63. T66. i
However, the settlement OF lSUz put
the status of the Government on a
more definite basis than 1t had ever peen
before. The agreement contained thlS
provision:
There is also hereby conveyed and
released to the United States as
against any ownership by said COM
pany Great Falls Power company
of land or water rights at or near
the said Great Falls of the Potomac,
whether above or below the said
Government dam, the right on the
mart of the United States to take and
divert from the said Potomac river
from above said Government dam
for the water supply of the city of
Washington an amount of water
equal to 100000 900 United States gal
Ions in twenty-four hours, which Is
now estimated to be double the ca
paCity of the present aqueducts, and
all claims for damages, present or
prospective, on the part of the
grantor or it's successors or assigns
on account of the taking of water to
that amount are hereby forever re-
leased.
Sum Paid for Water.
The total sum which the Government
has paid for water privileges at Great
Falls, exclusive of it's purchases of real
estate, is as follows:
Arbitration expenses. .$12, ISL "a
Great Falls Manufacturing Co.. 15,692.00
Great Falls Power Co........... So, 1855. 90
These payments, it must be consid-
cred, were to concerns that had never
done any OF the things for which they
were Incorporated; that had never de-
veloped an ounce of Great Falls power
during seventy years Of life; that had
never performed single public service,
Yet, when the Government wanted to
utilize some OF the water it had to pay
| them nearly 100000. -