Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1913-07-04
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SuPR[N|: COURT
Ownership Of Land Involves
No Vested Right In
Flowing Water.

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power, which qualification is not only
understood in advance, but is binding
in the final analysis. and, finally, that
in condemnation proceedings instituted
by the government, compensation under
due process by law" shall be confined
to the actual value of the property.
without consideration either Of the ac-
tual water power lost or of alleged
enhancement due to improvements to
be made by the government itself In
the future.
The decision, which was announced
and opinion read by Associate Justice
Lurton, covered group Of four cases
sent up from the United States district
court for the western distaft Of Michi-
gan: United States versus Chandler
Dunbar Water Power company ct al,
Chandler-Dunbar Water Power COM
pany versus United States, st. Mary's
Power company versus United States
and Clarence NJ. Brown, receiver, ETC.,
versus United States.
The essential facts are these:
History Of the Case.
On March 3, 1909, congress passed
law authorizing the secretary of war
to take steps to acquire all property
north Of the St. Mary's falls ship ca
nal to the international boundary, on
the ground that its acquisition was
necessary for the purposes Of naviga-
ton of said waters and the waters
connected Herewith" The law further
authorized the government to take pos
session of the land prior to determina-
ton by the courts as to the necessity
therefor 81 Of tie compensation to Is
paid. All permits previously issued by
the secretary Of war. under authority
Of congress-, for the construction of
water power plants on the land in qres-
ton, were declared to be null and void
after Jan. l, 1911, but discretion was
vested in the secretary to permit the
Chandler-Dunbar and Edison Sault.
Electric companies to maintain their
present works and utilize the water
power in said river at said rapids, in
so f:sr as the same does not Interfere
with ma Stsation or retard the construc-
ton of government works.
Acting under this law, the secretary
II war brought sult against the CHAR
1ler- Dunbar Water Power company,
The st. Mary's Powe. company, the
Electric company and the
Superior Power COM
,any The lower, court awarded dam
lges as follows> Chxndlef:Dunbar
company. $652, 1892 Sss2 q which $5so,O0o
vas the estimated value of the water
'ower; St. Marys Fails Power com
any, 81 goo; E6ison-Saulfx Electric
ompany. $500, GOO. settled by stipula~
ion, and to the Mtoiigan-Lake\ Supe-
Tor Power company nothing. y
Both Sides Challenged Award
The governnaent challenged tip
ward: Of anything whatever on ac>
ount OF any water power fright claim ,
d by any Of the owners eff the con-
emned upland and also atta ,cked the
rinciples applied by the IsA.er court
l fixing a va1ua tio1s upon chs upland
aken. On the erHaa1ld, e;scks OF the
laintiffs in error challenges the
wards as inadequate:
The decision Of the" supreme't court
nstains the EXCEPTIONS of. the GOVERN
tent so far as they ressted: to- winter
over for factory purposes; but hl'Sds
lat this land Had "a: prospective
alue" for the purpose Of constructing
canal and lock parallel with those IN
Sc, which, it says; had passed "bke~
ond the region Of the psreft coBsett-
lral or speculative
In the case. Of tie st! Nkry's> csmF
any the supreme. court: also ho4dss
lat, while the company owned an ~
md Of admittedly ''strateefe.. impeE
ance'' to the proposed future works OF
be governments. that value. was~paraayf
such. as could! be detsfs'
mined only ''by a price. fked by. Ire.
ecessities of one person. buying fresn
mother, free to SELL. OF refnse, as thet'
rice suited" The courts conelude tins;
,oint by saying, "B,lt; in, q, condemna-
ion proceeding tlpe- value Of the pTap7-
.rty to the government fnn'its .partteas--
ar use is not criterion aud held lttlsfs
he owners were entitledl to. compeasa7
ion only for the actlal' marketane'
value Of the land.
The decision peverses- ttlat' OF? tue
Durt below. a
RING LOST n Y8Rs: DUG UP.