South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-01
Chamber of Progress Lawyer
Quotes Van Fleets Figures
Against Latter'S Plea in Be-
half of Hydraulic Company.
BATTLE WAGED OVER
$4OO, ASSESSMENT
Corporation Seeks Reduction
to $4,000 - Hen island
Dam Case Next for Hearing
by Board of Review.

Former Judge Vernon w Van Fleet,
representing the Mishawaka Hydraulic
Co. before the st. Joseph county board
Of review in its effort to secure a re-
duction Of the valuation placed upon
the MisnaWaka DAM was bOmbarIed
with his own amm unition when the
hearing was taken up before the
board Thursday.
Isaac Kane Parks counsel for the
Mishawaka Chamber of Progress,
which is seeking 10 have the valuation
raised. quoted figures in support OF
his contention which were tdRen from
q special finding of facts made Oy Van
Fleet when matters concerning the
dam came before him as judsC Of the
superior court hve years ago n the
case of the hydraulic company against
the South Bend Manufacturing Co.
Until a year ago the Mishawaka
dam was valued at $4,000 for the
purpose OF taxation. The valuation
was then placed at $4,000 through
the efforts OF the Chamber of Prog
ress. and this year il was raised 20
100000 1t is alleged that the COM
pany refused this year to produce any
figures for the assessor on the grounds
that it would do no good 10 do SO in
asmuch as the assessor would value
the property at whatever he pleased
anyway. The Chant ber of Progress is F
now contending in favor OF the $500,
OOO valuation while the hydraulic
company asks for a reduction to the
original $4,000.
Hear Arguments Thursday.
Arguments in the matter were taken
up Thursday forenoon following con-
tinuance taken Wednesday noon when
the board adjourned for the day. The
Chamber of Progress is represented by
Isaac Kane Parks. During his argu-
ments Wednesday forenoon, Parks
findings of Judge Van Fleet in the
aforementioned case of the hydraulic
company against the South Bend
Manufacturing Co.
This case was tried in the superior
court in 1910. IT had been brought
for the purpose of compelling the
South Bend Manufacturing Co. to take
the top off OF the South Bend dam.
The court found for the complainant
and ordered the dam rebuilt SO that
the water of the river would not be
backed up against the power wheels
of the manufacturing concerns using
power developed by the Mishawaka
dam.
In the special findings of facts it
was disclosed. according to counsel for
the Chamber of Progress, that the
rental value of the dam was Sl-O,OOO
n year and that the expenses of oper-
alton had averaged $4,000 a year for
seven years. It was said also that the
Judge in his findings, went further and
proved this rental value by showing
that the ordinary capacity of the dam
was .. 600 horse power which was sold
at $50 per horse power.
Holds Assessment Consistent.
In the contention for an appraise-
ment of 100000 on the dam the
Chamber of Progress holds that the
rental value of the dam as disclosed
in the special findings of Judge Van
Fleet represented 10 per cent return
on an investment of $l,200,0OO and
that the S4OO. 600 appraisement is con
Sistent with the One-third of actual
value used for tie purpose of taxation. |
Arguments were made before the /
board Thursday forenoon by Judge
Van Fleet in behalf of the hydraulic /
company. His contention I'm brief, !
was that the suit against the south
Bend Manufacturing co. had heen
brought in behalf of the manufactur-
ing concerns in AIishawaka who used
the power generated by the Mish- |
ava5a dam and that the property
values cited i'm the special findings of
facts were the estimated values of the
property of all the users of this
power.
AIIege Different Conditions.
Considerable argument between
counsel was oCcasioned by the con-
tention of Judge Van Fleet and oth rs
that the price received for the power |
was nearer So per horse power than
$50 and that the ordinary amount of !
power generated was nearer l,5OO n. I
~. than 1000 n. p. and also that the |
Varidhleness of flow in the river hau
resulted I'm a drop OF two feet in the /
ordinary head of water and had made |
IL necessary TO spend considerable I
money I'M the installation OF auxiliary I
steam plants.
To arrive at the price for power
Parks sought TO have witnesses. rep /
resentinE the manufacturing COM !
panies. tell what price was being paid /
Tor power from the Hen Island dam. /
tie failed to secure any figures on /
hat proposition and he held that the /
refusal to disclose the figures indi-
Gated that more than So was being
paid for power. AS argument that
such must be the case ne pointed out
hat the city OF Mishawaka paid near
Isl $50 per horse power for its power
rom the Hen Island dam and that in
The face OF that fact. 10 was charged
by South Bend and Elkhart that a
discriminatory rate was being given TO
MishaWaka .
Another Dam Case TIP.
IL was expected that I'm addition 20
his matter the board would hear to-
lay arguments in the m8:ter OF the
ippraisement of the Hen Island dam.
Thls matter came mp Monday and was
continued until today The dam is
swned by the Indiana q Michigan