Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1925-09-25
FIVE COMMISSIONERS
TO FIX DAMAGES
After Day of Argument Court APP
points Commission in Water
Controversy

The intricate questions involved in
the requirement by the town OF
Woodstock of the waters of L i t e
Stony Creek as an auxiliary supply
for the town were threshed out in
Circuit Court on Tuesday. Naturally
the citizens of the town are vitality
interested in the proceedings, for
after having by large majority
voted 100000 for this purpose they
are anxious for final solution of the
problem.
Litigation has not halted the pro-
gress of the work on the eleven miles
of eight-inch pipe line which will
bring the water to the town, and the
Pace Construction Company of Roam
oke, which has the contract, has al
ready opened approximately two
miles of ditch for the pipe
At first it was sought to prevent
the diversion of waters of Little
Stony Greek through injunction pro-
ceedings, but these proceedings were
stopped and condemnation proceed
ings were instituted. Several of
those whose interests will be affected
by the diversion of the stream com
promised their claims, and the case
at bar has to do with the probable
damages which George w. Ring, own
er of the Edinburg Mills, and Harri-
son Fadeley, another mill owner on
Stony Greek will suffer.
Originally the town of Edinburg
was made a party to the suit but by
councilmanic action the town dis
claimed any interest in the litigation
and the town, as a corporation, was
eliminated from the proceedings.
The proceedings were finally re-
solved into a petition to the court,
through condemnation proceedings,
to fix the damages which might ac-
crue to Messrs. Ring and Fadely
through the diversion of the water
to the town of Woodstock, and on
Tuesday. NJ. l.. Walton, Jr.. attorney
for the town, with d. o. Dechert of
as his associate, and
Judge F. S. Tavenner, representing
the mill owners, argued the points at
issue before the court
1t was contended that the petition
did not specifically state the amount
of water to be diverted. to what eX-
tent such diversion would affect the
flow of Stony Creek and what depre-
citation of horse power would result
at the mills of the defendants.
The petition was demurred to. but
the court overruled all demurrers
and an order was entered directing
the appointment to fix damages I'M
der the condemnation proceedings.
Maximum 400, 900 Gallons
1t is alleged in the papers filed that
the maximum amount of water to be
diverted would not be in excess of
10000 gallons a day in any season
and that such amount would result
in loss of not more than one horse
power at the Ring mill and one-half
horse power at the Fadeley mill
These are matters, however, to be
determined by the commissioners
appointed.
Evidence was introduced to show
the necessity for the increased sup
ply, Councilman Carl c. Boyer, chair
man of the water committee, testify
ing to present and normal conditions
of supply and consumption of water
in the town. 1t was shown to the
court that the normal consumption of
water was approximately 10000 gal
Ions a day, and that this volume was
only had in certain periods AT pres
ent there is less than 10000 gallons
in both reservoirs and that section
of the town west of the railroad is
without water Even the school,
with its over 400 pupils is without
water.
1t was also made part of the rec
ord that the town council had in
mind a sewerage system, which be-
cause of local conditions is each year
growing more imperative. Without
the additional supply of water, the
sewerage system would be an impos-
sibility.
The court suggested to the attor-
neys that they select the commission
ers to fix damages, and this sugges-
ton resulted in long drawn-out eff
fort to select such men as would be
satisfactory to all interests involved
Commission Appointed
Following the presentation and
consideration of a number of names
the following commissioners were
/ finally selected to fix such damages
as might be suffered by the defend
ants: j. H. CARRIER. j. Frank Good,
/ Otis NJ. Smith, c. d. Smith and w.
C. Lantz, who will meet at 10 a. M,
October l.
i The courts order fixes the amount
of water to be taken at not exceed
ing one-half of the flow of Stony
Creek.
i A spirited fight ensued when the
matter of the erection of a dam was
. presented to the court. 1t was held
however. that dam was essential to
, the plan of construction, and that the
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