davidaulloa/AmericanStories huggingface dataset:
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30
M s. JUSTICE DEAD.

t <+N SE@TSs r-s -- -
". SsJustice died. at his home III
Hendersonvile Friday at the age OF
eighty-threes years Aftern failure of
health for the pastzyear or two and
following a second stroke of paralysis.
Funeral services were held at the
Beaverdam Baptist church near Ashe-
vie Saturday andH8maf were
inferred in the BeaVerdam cemetery.
Mr.. Justice fell a year or so ago and
from that time until death his health
was somewhat impaired.
The deceased was a confederate vet
and a member of Zebulon Vance
camp. He was born December Is,
1881. He is survived by two daugh-
tiers, Mrs. Alice Dotson, of Henderson
Vile; Mrs. Kate Jones of Asheville;
and two sons, ]. Terrell Justice and
Sam Justice, of Asheyille.
The deceased was a member of tn
Refuge Baptist church Of Henderson
county for more than sixty-fve years.
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30

the value. of the property which was
taken from them, and under certain
circumstances they were entitled to
more than the above measure because
if, as their testimony shows, this wa
ter power was necessary to enable
them to execute the contracts. which
in furnishing light and power, the loss
of this power might inflict a much
greater loss upon them by reason of
the disability thus inflicted upon them
for it may we'll be that there is no
other water power of ready access
which they a acquire for their pur
poses at the same price.
The right of the defendants to use
the water along their frontage proHid-
ed only they returned the water to
the stream in undiminished quantity
before it reaches the next lower pro-
p~rietor, is fully recognized in the very
full discussion of~Walker J. in Power
Co. ". Navigation Co., 152 N. c., Al.
and that is all the defendants pro-
posed They will not divert the water
itself out of the stream below the!I
lower line. They will merely trans
NIT the power generated by the weight
of falling water owe the cables to
their other plants; but the water its
self will pass on in und1m1nlsheG
volumn. If not, it will be for the
lower proprietor to complain. The
plaintiff, the opposite proprietor, can
not object so long as the defendants
do not use in generating power more
than half the water. This is not a
navigable stream.
The defendant, H~endersonv1Ile Llgnt
& Power Company, is engaged IN
serving the general public and noloS
itsAhaIfs interesn this properly 90
DEVELOPMENT in connection with IT'S
other plants. In the former case be-
tween these parties, 164 N. c., l6t
this court told this plaintiff that IL
could not take this property from the
defendants except with their consent
by purchase. 1t can make no diner
ence that the defendants W only
one-half of the power instead OF the
whole. The plaintiff could not con-
denim one-half of a grave yard or nan
a dwelling house because it or some
one else owned the other half; n
for a stronger reason, because 1t is
against public policy, the splaintth can
not take the defendants half OF THIS
water power, especially when it a
refused to sell it's own half to the de-
PENDANTS at four times the price for
which it seeks TO make the defendants
yield their half.
upon the face of the complaint the
pIaintiff is endeavoring to take the
property of the defendants and devote
it for their own benefit to the very
same purpose for which the detend-
0nmen+ Of a water power-for public
use. This cannot be done. 2 Lewis
EN-. Dom. 6 Ed 44O. -
In refusing to submit the issue TO
the jury there was error. i,
Blue Ridge Ry Co.
VS.. NO. OPP
Light & Power Co.
Brown ]. Concurring in result.
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30

ing used or held to be used or to be
developed for use in connection with
or addition to any power actually used
by sthe defendant. Within the mean
ing of the Proviso the On. 302,1Eaws
1907 as amended by Oh. 81, Laws 1918,
(being sections 2575 of Gregory's Sup
plement, andI doubt if these is any
evidence of this fact, but as the other
members of the court are of a con-
trary opinion, and no legal principle
is involved in this question, I n
in the Judgment. ordering a new trial.
II do not think the defendant has
any property in the water in the
stream, and that it is only entitled to
a reasonable use of it as it passes
his land. which may include the use
for manufacturing purposes.
The defendant has no right, in my
opinion. to build a dam to the middle
of the stream and divert half the wa
ter through a iume although he may
return it into the stream one half mile
below it leaves his land, and II this is
the only way. the water can be utiliz-
| ed it is not a water right or property.
which caqnot be condemned under
the statutes. i. 4
The common law determines, with
us, the rights of riparian OWNERSHIP a
stream of water flowing through their
lands, and the controlling principles
are, l think, correctly stated in Angel
on Water Courses, Sections 100, as fol-
lows: Whenever a water course di-
vides two estates, the riparian owner
of neither can lawfully carry off any
part of the water without the consent
of the other opposite: and such rlpa-
rian owner is entitled, not to half, or
NEUTRALITY-SUSPICIOUS. WateEb but ! the,
whole bulk Of the stream, undfv1ded'
and indiyisible, or per my ct per tout.
To use the language of Plat, j. in
Vanderburg v. Vanbergen in New
York The grant of an undivided
share in a stream; would not authorize
the grantee to appropriate or modify
the stream to the injury of others who
have a joint interest jim it. The pro-
perty in a stream Of water is indivisi-
BILE. The joint proprietors must use
it as entire stream in it's natural chan
mel; a severance would destroy the
rights of all. In Blanchard v Baker
in Maine the defendants who had their
dam on he side OF the stream oppO-
site to the plaintiffs dam c~ontended
that they had a good andlegal right to
one half of the water in the main
stream and to carry it OF by deepen
ing an ancient outlet or canal. It
was held that the defendants had not
a right to one half the water in the
main stream of the river, so as to alb
stract by means of the channel in
.kquestion. The court said, in reply to
the suggestion, that the owners of the
dam on the eastern side of the river,
had a right to half the water, and to
divert to that extent it has been seen
thu" if they had bee nthe owners on
both sides; they had no right to- di-
vert the water, without again return
ing it to its original channel. Besides
it was impossible in the nature Of
things, that they could take it from
y Ez-tEr
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30
FRUITS AND VEGETABLES FIND
SLOW MARKET IN THIS CITY
Apple Crop Short. Also Market Prices:
Irish Potatoes and Cabbagem
Abundance; Small Prices.

Henderson county truckers and
fruit growers are not very optimistic
over prices they are receiving for
their products this year. While the
fruit is short there is an abundance
of Irish potatoes and cabbage, but
prices r small.
The biggest buyers in Henderson
vile are not having any picnic in dis
posing of the products they buy from
the farmer hence things are going a
little slow along this line.
There was a bumper crop of cab
bage and Irish potatoes. Many of the
cabbage OF the first crop rotted in the
field for the reason that the price paid
would not Justify theexpense modem
to gathering and marketing. The
greater part of the first or early crop
has been disposed of and the late crop
is now being marketed. An abund-.
anee of potatoes is beingthandled in
Hendersonville, but prices for these,
are not SO good.
+ While the apple crop is short, it is
better than had been predicted since
lit was thought that the blight in early
spring had practically destroyed thes
crop. Apples are, bringing small
prices also n the demand for the
choice Henderson county fruit IS
small Buyers report that the crop is
better in the eastern and southern
portions of the county than in the
northern andsWestern parts
-
Carson are recognized as the biggest
buyers of these products in Hender-
s%onville though other dealers handle
the products on a smaller sale.
An interesting feature added to Mr..
Harris business IS his new, type of
potato grader, which makes twp,
grades and separates any dirt4o or trash
in the vegetables. Mr.. Hart has here
tofore had a grader but not like the
satisfactory n now in use. It Isl
understood that Mr.. Pace also has a
grader for his products.
Farmers and produce buyers are.
living in hopes of better prices and a
stronger market at an early date.
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30
SUPREME COURT DECIDES IN
FAVOR OF H'VILLE l.. & p. c
CONTINUED from Page 2.)

front of the respondents land is a
water power, and if the one-half of
said stream owned by the defendants
is condemned for the use of the plain
tiff then the value of said one-half
should be taken into consideration in
estimating tn eamount of damages to
which the defendants are entitled, as
we'll as all the other facts and cir
cumstances to show the value of the
proposed water power of the plaintiff
of which development the lands of
the respondents form an integral and
necessary part according to the con-
tentions of the plaintiffs"
If the plaintiff had been legally en-
titlel to condemn the water power OF
the defendant at all this prayer should
have been given. The court, how
ever, refused to so charge and in
structed in lieu thereof that "The de-
PENDANTS would only be entitled to the
present value of their rs acres of land
lessened by reason of the diversion of
the water which the plaintiff seeks to
take" saying in effect in his charge
that he defendants were not entitled
tG the value of the water power, which
was to be taken away from them by
the strong arm" but they yer only
entitled to the diminution in the value
Of their land by the plaintiffs taking
one half of the water from the stream.
The result of this charge is prac+'
cally. shown by the fact that though
the defendants had offered the plain
tlf S4O,OO0.00 for it shalt interest il
the water power, and the plaintiff ad-
mltted on thepstandethaf itAhadsde-
cllned that offer, and would not take
II, he jury assessed the value of the
defendants damages by reason of it's
half being taken from them by the
plaintiff at $4,000. 90 a patent loss of
at least $50, 100000 and according to
thelr evidence, very much more dam
age was inflicted on these defendants.
The defendants also requested the
court to charge "If the jury hould find
from the evidence that the stream,
Green River. in its entirety between
the land described in the petition and
the n of the petitioner On the OPP
poslte side of the stream contains a
water power capable to development.
and that such development when
made, has a market value then it
would be the duty of the jury in esti-
mating the compensation to be award
ed the defendants for the condemna-
ton Of their lands. to consider the
value of such development to which
such water power may be adaptable !;
and if the jury should find that the
oetendant's owned oneehalf of the
water power capable of development
then it would be the duty of the jury
to award as compensation to the de-
PENDANTS for the taking of their land
or water rights one-half the value of
such water power capable of such de-
velopment."
This proposition is so clear that no
argument should be required The
defendants were certainly entitled to
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30

All the evidence in this record is to
the effect that the property sought to be
condemned by plaintiff is a water power
owned jointly by plaintiff and defend:
ant as opposite riparian owners !
do not think that the water can be le-
gally divided except by mutual con-
sent of both owners, and that would
be to greatly diminish the value OF
the power as a whole.
In this respect 1 think the law is
correctly stated in the 'concurring
opinion of Mr.. Justice Allen. It may
be that in the case of very large, pow
erful and navigable streams such as
the Mississippi, the Niagara and
others, and under the authority OF
special, local statutes such division
and diversion of the water may. be
both practicable and legal. But no
such conditions exist here.
I concur in the judgment of the
court submitting the proper issue to
the Jury to determine the fact as to
whether the defendant is using, OF
holding this water power to be used
or developed for use in connection
with or addition to any power actually
i used by it.
An examination of the authorities
co~nvinces me that the opposite ripari-
an owner cannot be permitted to build
a dam to the middle of the stream and
divert the water through a fume to
the injury of the opposite RIPARIAN
owner. If the water a be utilized
in no other way then it is not such
water power that under the statute is
not subject to condemnation.
Hoke, Judge. Concuring.
Our statute, in permitting Water
powers obe condenanedforpub public
use. withdraws from the effect OF the
law any water power (which is being
used or held to be used or to be deVel-
toped for use in connection with or IN
addition to any power actually being
used for public service ETC." There is
evidence in the record tending to snow
that defendant is the riparian owner
of land on one side of Green River
where there is a considerable fall in
the stream, giving promise of a good
water power if properly developed.
The officials of the company testify,
further. that defendant purchased and
now holds this property with a view
to aid their power already developed
and 10Y being used under a charter
for the benefit of the public; that they
have great need of such undeveloped
power and propose to utilize the same
as contemplated and provided by the
| Statute.
Whether they can carry out their
purpose and utilize this power in sub
stantial aid of the power already de
veIoped and without u~nwarranted In
reference with the rights of plaintins
who own along the opposite bank is,
in my. opinion, a mixed question of law
and fact, and on the. record, requires
that the issue be submitted to the
jury.
Allen. J.. Concurring in result.
The water right or property OF the
defendant, as RIPARIAN owner. is SUBJ
ject to condemnation unless it is Be
Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-09-30
FUNDS PROVIDED FOR EXTRA
Il TEACHER IN CITY SCHOOL

AS a result of the needs for an extra
teacher in the city graded school. as
were set out in the Democrat last
week, the school trustees met and de-
.eided tor appear before the city COM
missioners and ask for al approprfa-
ton for the employment of a teacher.
These two bodies met Friday night
and it was decided that the city loan
the school authorities funds with
which to employ a teacher. This pro-
posal was accepted. Supt. G. Z.
Briggs was authorized to employ a
teacher.
Arizona republican., 1915-09-16
Except at One or Two Points Midway of These Towns, He Is Still Stub boInlv Resisted by the Reinforced Russians. PR FEARING TO
 ATTACK DNINSK Has Reached Point West of Bridgehead Across from Dvinsk and Prepares for Attack on That Strongly Fortified Area.
IAssocIATEp PRESS pIsPArcH1

LONDON, Sept. 15.-General won Hindenburg's drive toward the DviRsk Wilma railway is not prog ressing as fast as his previous en- terprises of a similar kind. Except at one or two points about midway of these towns where the cavalry has cut the railway. he is still stub bornly resisted by the Russians who are making Counter-attack. Along the rest of the line the Germans have also slowed up. No change on the other frcnts is reported.
 General von Hindanburg however has reached a point west of the Bridgehead across from the town of Dvinsk. and is preparing to attack that fortified area.
 In Galicia the Russians are still attacking and according to unofficial reports from Bucharest and other points, the Austro Germans are fall ing back across the Dniester river Just north of the Galician border the Russians are also on the of fensive. making an attempt to re- capture the fortress Dubno which the Austrians took last week This offensive in the south. it is believed. will have an effect on the rest of the front endorsements must soon bc sent there or the Teutonic allies will run the danger of being outflanked.
 Despite this the Austrians have sent reinforce ments against Italy and on some parts Of the line have as- stunned the offensive. The country Is so rough and the Italians since they declared war have been so sue cessful in capturing important posi- tions for defense that the advance by the Austriaus cannot for some time threaten the defenders. These operations. however. are likely to take on q more interesting charac- ter. According to dispatches from Holland British warship has agaln attacked German positions on the Belgian coast. Air raids by allied airmen on towns now occupied by Germans. and Zeppelins on England are daily occurring
Arizona republican., 1915-09-16
NO REPRESENTATIONS MADE
 IN THE EVIDENCE PRESENTED

Lansing in making the announcement made 1t clear that no representations or expression of opinion by the Am erican government was made in the communication.
 The viewpoint of the United States based on the evidence in the Arabic case and it's position on the principles involved were stated informally to Count Won Bernstorff, the German ambassador who communicated later with the German foreign office. The outcome of these two steps-the eX- animation by the German foreign of flee of the evidence and the receipt by Berlin offirials of Count Von Bernstorff's suggestion-are awaited before the next move in the situation is determined The general exper- tation is that several days. possibly two weeks, will elapse before the de- cision of the German government is made known.
 No word was received at the state department concerning the published reports of the chase of the American liner St. Paul. by a German submar- inc. It was said at the department if the St. Paul was attempting to es cape after being warned an attack might have been justified.
Arizona republican., 1915-09-16
MAKE FARM 4
 PROF|T-MAKER
 BY MARKETING
Professor Stanley J. Morse Tells of Need for Market ing Systcm-To Be Topic of Today's Meeting of Ad- visory Council.
By PROF. STANLEY F. MORSE

The importance of the first meet - ing of the advisory council of the Maricopa County Farm Improvem mt associati tion, which takes place at the Chamber of Commerce today. can scarcely be overestimated. At noon. the members of the advisory coun- cil, composed of councilmen elected by farmers Or commercial organiza- - tions in the county. will meet for luncheon at the Chamber of Com merce building. X business meeting will follow. at which a constitution and bylaws will be adopted and officers elected.
 Arrangements have been made by County Farm Advisor John A. Arm strong, and several matters Of vital interest to the county will be dis cussed. Dwight E. Heard will tell the advisory council of the serious economical situation confronting the Salt River valley. and will point out to farmers and business men alike that they must devote much time and thought to solving the problem or marketing farm products. in order that a sufficient profit may be se- cured
 The peoplc of this valley must face the actual facts no matter how olfflcult they may De. The CnIver- sity of Arizona agricultural exten- sion service has called attention to the lack of adequate farm profits here and to the need of a definite plan of farm development through out the country. Not only must the problem Of marketing be solved. but also something must be done to check any influence toward undue in fiation of land values. It is for the purpose of mapping out a definite plan of action for increasing farm profits and the prosperity of the county. that the Maricopa Countv Farm Improvement Association has been formed.
 Another matter which will be pre- sented concerns the financial sup port cf the county farm advisor Since the supervisors are prevented by law from appropriating more than thousand dollars more is needed to properly carry on this work. some means must be devised to raise the additional thousand. It is now gen orally agreed by the farmers of the county that this work must be car ritd on.
 The achievements of Farm Advisor Armstrong, carrying out bis cam raign against the harvester ants. and forming the successful South Side Cow Testing association and or
Arizona republican., 1915-09-16
Letter from Inmate of State Prison Basis for Prepar- edness Against Mexican Band for Releasing Con demned Men.
WOMAN GIVES
 DETAILS OF PLOT
Warden Sims Maintains Denial of Trouble OF Even Precautions While Sheriff Hall Sets Guard and Be comes Sleuth.
Especial to The Republican)

FLORENCE. Sept. 15.-Superinten- dent Robert Sims of the state prison today denied that there was any sign of a band of armed Mexicans to re- lease prisoners under his care. He branded as absolutely false. the statement that any preparations had been made either by his own or ganization or that of Sheriff Henry Hall of Pinal county to cope with a situation that might arise through the acts of armed bands. said to be determined that the five Mexicans. now awaiting another legal step be- fore their execution for murder should never be jeopardized in court again.
 From another source, however. it is learned that all the steps so far taken To provide against jail break originated from information contained in a letter addressed to the warden by one of the prison inmates. This letter described the activities of disaffected men. stated that an attempt actually would be made to release the prison CTS. and in brief. set forth all de- tails except the date of the raid. From d Mexican woman. questioned in the sheriffs office here. it was learned that the armed bands. expected to concentrate from Miami. Ray Super for and Mesa, would total three hun dred men.
 Deputies under Sheriff Hall today continued to De on the alert for in dications of unrest among the MeNi- can population. Rangers are at this time prepared to act to protect not only the prison. but the jail of Pinal county, which is housing seven of the eleven Mexican reVolutionists arrest ed at Ray on September ,. for alleged acts of unneutrality, and for carrying arms. It was learned by the sheriffs office that the attempt to free the five condemned men, would be fol- lowed by another attack by the same force. directed against the county jail with the object of liherating the seven Ray captiveS
 Sheriff Hall, when interviewed this evening announced his departure to- morrow for Superior, in connection with this matter
 Questioned more closely as to what led him to believe there might be
 (COntinued on Page FiVe)