Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-12-18
DECISION IN POWER CASE
MEANS. BIG DEVELOPMENTS.
Parties TO Suit Well Pleased With Out
come and Plan Power Plants
and Railroads.

down by the Supreme court OF such
vital interest to this community as
was thatin the case of the Blue Ridge
Interurban Railroad company against
r. M. Oates and the Hendersonyille
Light & Power company with reference
to the condemnation of water power
sites on Big Hungry creek.
The decision was rendered Saturday
and all parties to the suit show ap-
parent satisfaction at the outcome as
a result of which it is. authoritatiyely |
stated that developments of gigantic |
nature in the way of power plants |
and interurban railways are now in
sight and that work will begin without
delay.
The progress of this case has been
watched with keen interest as the peo-
ple of this section, have been concern
ed greatly in the proposed, develop
ments. The following, points are Gull
ed from the opinion written by CHIEF
Justice Walter Clark and concurred
| in by Justices Hoke and Allen:
In 1912 George E. Ladshaw and 9TH
ers obtained a charter in South Caro-
| lima under the name Of the Manufac-
turers Power company and finding that,
i they could not condemn water power
under the State laws, organized the
Blue Ridge Interurban Railroad COM
pany, claiming that under the laws Of
! 1907 they could condemn water powers
! for railroad purposes Suit was insti-
tuted in the Superior court Of Hender-
son county for the condemnation of
tracts two and three belonging to the
local power company and in the mean
time Mr.. Oates succeeded in getting
through the legislature last spring an
amendment to the law under which
4 they proposed to condemn his water
! sites, the interesting tight p zfare ha the
general assembly over this matter be-
ing a matter of wide interest at the
| time to the people of this section.
The Superior court jury found that
power site No 2 which the Hender-
sonville Light and Power company
proposed to develop was worth $4,000
to the other company and site three
over which there seemed to be little
/ controversy was worth $500. The
; Jury found that No. 2 was water
| power site and Judge Lyon set aside
the verdict in which the Supreme
/ court says he erred.
: In closing, the opinion says: Fht
1 defendants need this water power fo1
their own use, as the jury find, upoi
: the evidence. The action of the plain
tiff in seeking to utilize the defendants
4 water power for it's own purposes il
j generating electricity has an apt par
r allel in the incident related by tn
: Prophet Nathan to the King of 1srae
IL Samuel, chapter 2, VS.. IA.
r Judge Justice Walker wrote the dis
e senting opinion with Justice Brow
|, concurring.
e The decision of the lower court froI
D. which the Hendersenville Light
r Power company appealed was reverse
It by the Supreme court and is taken
Y mean that the plaintiffs are perpetual
enioined from condemning site NO.
IL but that site No. 8 is yet probably IL
IS yolved the opinion not being very e.
plicit as regards this site. This leave
8 T1rnCnnf MOVE
plant undisturbed and with site No.
open for development on which M
. | Oates states work will begin dur1n
the early part of the year for the d
y yelopment in the neighborhood OF y
Is. horse power. The demand for pow'
Of in Hendersonville was so great Ia
lg wear that it became necessary to TT
the steam plant as an auxiliary. 1t
Ie PLANNED to develop the plant as ear
ed as possible and thereby furnish sui
o. eient power to supply Hendersonyn
ng and community for many years
&c come.
OF with site No. 8; probably at their o
I'D ton the Blue Ridge Interurban ra
,e- road company is also said to be
he good shape for pushing proposed
IveIepments assit is. planning to erect
lu- 100 foot dam across Green river il
We below the mouth of Big Hungry,
We abling them to develop several the
an sand horse power.
sr- In speaking of the situation, w
Smith. attorney for the interurb
,st company, srated tnat the plaintif p
ed sufficient sites to permit all the pl
IN. posed development and that he de
ar sion of the Supreme court had clear
ng up the matter now to the extent Il
lly. the company would not hesitate in p