Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-05-29
future OF MILLION Az ~ HEALF DOLLAR POWER
Development. AFTER HISTORIC BATTLE
Of STATES LEGAL GIANTS
WILL REST WITH N. CAROLINA SUPREME COURT

with the condemnation proceed
ings.
In order to avoid the frequently
recurring use of long names of cor
porahions, we will cali the Blue
Ridge Interurban Railway Compa-
my ''the plaintiff" and we will call
r. M. Oates and the Henderson
Vile Light and Power Comp amy
"the defendant"
The defendant claimed that the
construction of the dam aB pro-
posed would submerge it's {the de-
fepdant's) property ait the loca-
tions known as No. 2 and No. 8 on
Big Hungary Creek; that this pro-
perty is water power capable of
being used and intended to be
used III connection with the busi-
ness now actually being carried ON
by a public service , corporation
now engaged in serving the pub
lie; ano that therefore under the
general law of the State, especially
ais amended by the so-called Oates
law of March 8, 1913, such proper
ty is exempt from cord mpation.
Various subsidiary matters were
brought in. The defendant charg-
ed that the plaintiff did not in.
good faith intend to construct
and operate the electric railway
ais claimed; and the plaintiff coun-
ter-charged that the defendant
did not in good faith intemd to
develop additional water power as
claimed and use it in connection
with it's present business. The
judge tentatively answered these
,questio MS, giving each side credit
for good faith.
In reply to- the defendants
claim, that it's property at loca-
tions No. and No. was exempt
from condemnation, the plaintiff
claimed that the coates law" enc
acted March 8, 1913, contained no
provision making it apply to cases
then pending; and therefore could
not apply to cases then pend
ing; that the petition for
condemnation was a case then
pending, having been started Feb
ruary %, 1913, !, that therefore the
case must be decided under Chap
ter 302 of the Public Laws OF 1907
which, at date when this suit was
started, was the law governing
such suits.
History of the Case From the Char
IOtte Observer.
Much interest throughout western
North Carolina centers in the plans of
ne blue Ridge 1nterurban Railway
Company with reference to its inde-
pendent development of water-poWer
interests on the Green River, near
Hendersonville with its associated
plans for the construction of an cleo.
trio trolley line to connect Henderson
Vile with Saluda and with extensions
proposed to Rutherfordton where con-
nection will be had with the Seaboard
and to Asheville where connection
with the Southern will be available.
This is. strictly an independent en-
terprise and in no way associated or
affiliated with the Southern Power
Company or any of its affiliated in
terests.
During the past week there has been
,going on in Hendersonville battle of
opposing forces, the one representing
the Blue Ridge Interurban Railway
Company and the other the Hender-
sonville Light and Power Company,
the jury returning a verdict Saturday
Afternoon in favor of the Blue Ridge
Company which it is claimed by those
interested will result in more for wes-
tern North Carolina than anything
that has tFanspired in long time.
The question being tried by the
court and jury was the right of the
Blue Ridge Interurban Railway Com
pany to condemn certain water rights
owned by the Hendersonville Light &
Power company. The present plant
of the Hendersonville company was
not involved in any way in the litiga-
ton, but the Interurban Company was
seeking the right to flood certain lands
and water rights on Big Hungry creek
above where it flows into Green River
History Of the Enterprise.
1t seems that Mr. John Law, the