The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-11-18
MADE PRESENTMENT
ON RIVER QUESTION
GRAND JURY STATES FACTS
IN CASE
MATTER GOES UP
Anderson County Authorities VIII
Ask Federal Government to
Investigate Savannah River.
GOES UP

P-ople all over Anderson county
have been waiting for several weeks
gone by to hear the report of the
special committee appointed to ex-
anime into whether or net certain in
terests have caused damage to the peo-
pie attending to traffic across the Sa-
yannah river, by reason of having
erected q dam at a distance some
miles up the river and therefore inter-
fered with passage between Anderson
County, South Carolina, and certain
Georgia counties. This special COM
mittee furnished presentment to the
court OF general sessions yesterday
and their document makes very in
teresting reading. The report says in
part:
I'VE have Investigated these COM
plants and find that they are well
founded. Navigation has been serious
ly interfered with and we find that
many citizens of Georgia and South
Carolina have been interfered with
and caused delay in crossing the Sa-
vannah river.
"In view or the serious nature and
Importance Of this matter to the citi-
zens OF this State and of Georgia, as
we'll as to the parties Immediately in
terested in Browns Ferry and the
Portman Shoals dam and in view also
of the fact that this question involves
the question Of power and jurisdic-
ton. not only of this State and the
State OF Georgia, but also Of the Unit
ed States. we deemed 1t proper to SUBJ
nit the matter to the solicitor of the
circuit. with the request to make an
investigation and TT submit to us a re-
port and we also employed special
counsel to assist in the matter.
For the present we have decided
that 1t will be sufficient to call the
matter to the. attention OF the proper
Federal authorities and to the attor-
,ney general OF this State. We there
fore recommend that your honor in
struct the clerk OF CONT to send q
copy of this special presentment, to-
gether with the report and opinions
attached thereto, to each OF tho fol-
lowing officers, to wit: secretary of
war at Washington, each OF the United
States senators from South Carolina,
to the member cf congress from the
Third congressional district, to the
attorney general os the United States,
to the United States attorney for the
district OF South Carolina. to the at
torney general of South Carolina"
In the report OF counsel, prepafe fei
by Kurtz p. Smith, solicitor and Ern-
est r. Cochran, the attorneys make
the statement that in their opinion
this matter can not be handled nc
cording to. law by the courts of South
Carolina and TINT Il Is matter fns
the United States courts to decide. In
conclusion the statement says.
I'VE suggest therefore that the mat
ter should De brought TO the attention,
OF the proper Federal authorities anu
IL relief is given there will he no ne
cessity for any action by yonr body
or in the State courts. II, however,
the Federal authorities should fall to
give; any relief, then this grand jury
might determine whether or not IL
WOULD be advisable to present an in
dietment in the court Of general sos
sipns and test the jurisdiction OF the
State courts la ouch proceedings. or
tie matter might then. be brought To
tho attention OF the attorney general
es5 South Carolina In or der that the
State or South tZiroline might insti-
tute suit for an Injunction iu the
State court and the power OF the State
court over such navigable streams
may be determined in this manner"
S5i
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