Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-05-29

at location No. is not such a
water power as cannot be con-
demned. Decision on this and
other matters was postponed; and
a consent order was entered to the
following effect:
That all. motions in these consol-
1dated cases be made in writing,
copies furnished to counsel on the
other side, and arguments thereon
'be made in writing ;eopies of mo-
tions to be served ON opposing
counsel not later than June Is,
1913; briefs to be filed with the
judge not later than July 1, 1913 ;
either side to be permitted to take
exceptions Within ten days after
the Judge files his findings, de-
cision and Judgement; either side
to have 80 days (after signing of
judgment) to serve case on appeal ;
opposing counsel to have 80 days
to- serve exceptions or counter
case.
Thus Judgment will not. be given
until some time after July 1. Them
in ali proba biIft y, the case viii be
appealed to. the Supreme Court !;
and the Supreme Court may either
affirm the judgment or order a
new trial.
The main facts and the main
contentious of each side have al
ready been published; but, owing
to the enormous Importance of
the case (which will have, a far
reaching effect ON the develop
ment of Henderson county's vast
natural resources), it is worth while
Ito re-state the matter in simple
outline.
Certain well known capitalists
great expense been acquiring til
tie to lands on Green River in Or
snomIou9 qua 10 9sn e4Bm Oh I9p
have for a long time and at very
water power. which has hitherto
been lying idle. These capitalists
have Incorporated themselves as
the Blue Ridge Interurban Rail-
way Comp ny-a corporation char
tered under the laws of North
Carolina. Their plans include the
development of electrical energy
an enormous scale, the construc-
ton and operation of an electric
railwa Y from Hendersonville to.
Green River, and the use of elec-
trio power for various other inn
portant purposes. For the full
onsummation of their far-reach-
ing plans, they find it necessary
to construct gigantic dam across
Green River below the mouth of
Big Hungary creek. This dam,
when constructed, will submerge a
large area of land, most of which
land they have already bought and
part of which they are now try
ing to acquire. Their charter
gives them explicitly the right to
condemn lands. This right is also
given to them by the laws Of the
State and particularly by Chapter
3O2 of the public Laws of 1907.
Proceeding under the rights thus
given, they petitioned for the APP
pointmant of juries to eondemn
certain lands. In one case jury
was actually appointed for this
purpose. In another case (R. M.
Oates and the Hendersonville Light
and Power Company temporary
order was obtained by the defend
ants restraining the Blue Ridge
Irsterurban Railway Company from
going amy further with the con
demnation proceedings. The case
which was heard in the Superior
Court last week was consolida4
tion of two cases one the Blue
Ridge Interurban Railway Compa-
uy's petition for condemnation OF
certain lands belong to r.. M. Oates
ard the Hendersonville Light and
Power Company and the other,
Htbe petatfon of Oates and the y.
,& P. for an flnjunction restraining
the B. R. /. r.. co. from going on