13 DM (D)nn E MS Smew lalsf rnn olti.oai CITIZEN', SEPTEMBER 7, 1M3. r - - : " : r- ' : . 1 : :rr.. . - - ' United States Supreme Court Hands Down Decision of Great Importance to Water Power Development Decision in Regard to the Chandler-Dunbar Water Com pany Will Have Great Influence in Securing Other Water-Power Develop ments Regarded as Epoch Making Episode. WASHINGTON. D. C Sept.. . (Special) A Supreme court decision which will cut the claws of any water power trust, whether present or prospective, and may Dually carry the control of the federal government over water-ways clear to the spring houses on the farm and the trout brook In the mountains a decision hich with one stroke of the pen wiped out all title to property for which a value of $3,450,000 was claimed and an award of $650,000 had been made by a lower court seems to have been almost entirely overlooked by the press of the coun try, Not since the far seeing and epoch making opinion of Chiof Justice Mar shall, delivered nearly ninety years ago in the case of Gibbons vs. Og- dcn, which has come to be considered 'by bench and bar the leading case on the powers granted by the commerce clause of the constitution, has a more Important opinion relating to water ways been handed down by the Su premo court than the one rendered in the case of the United States vs. Chandler-Dunbar Water Power com pany. Property Condemned . The government found it necessary io condemn the property of the wat er Power company In order to pro vide for the astounding growth of commerce at the outlet of Lake Su perior. Three locks are already In use, two on the American side anl one on the Canadian. During 112 there were carried through these locks 2.472,676 tons of freight, and the indications are that this amount will be largely exceeded this year. To provide for the further lncreas? ot tonnage which is certain to come, a third American lock, 1250 feet long and 80 feet wide, is now under, con struction and will be opened for traf fic In 1914, and a fourth lock of the same dimensions has already been authorized. Senator Theodore E. Burton, who for years was chairman of the river and harbon committee of the house, of representatives, and is now a mem ber of the commerce committee of the upper branch of the national leg islature and an authority upon thej navigable waterways of the country,! believes that the decision of the Su- reme court "sustains the views of j the most advanced advocates of fed eral control of water power. It es tablishes rot merely the paramount! control of the federal government forj purposes of navigation, but also the! right of congress to control and dis-i 'pose of such water power as may be developed In the improvement ol- navigation. . In view of other deois II put into the Building & Loan your quarters turn over every week; gathering interest as they roll No Bank or Individual here can lend and relend and handle their funds as fast as we do, and at so small an ex pense.' We are exempt from City arfd County Tax and are able to earn for our shareholders over 6 per cent. We have out-grown any association in the State for our age. We are lending $14,000.00 per month. We are building half the homes erected in Asheville. We now have sub scribed over eleven thousand shares which means more than a million dollars when matured. - - If your house is in the Building & Loan you can sell it easier, if you wish; you can make the rent about pay dues, and in six and one-third years it's free. As 'a savings fund or for the education of your children it has no equal. In fact it is the most systematic and the most profitable savings plan in existence. And every loan is secured by first mortgage on first-class houses. The rich and the poor we treat alike; WE HAVE NO FAVORITES; first come first served. Seven hundred Satisfied subscribers are our best advertisements. Ask anybody who belongs. Books now open. THE BLUE MIDGE BUILDING & No. 1 HAYWOOD J.L RANKIN, President H. TAYLOR ROGERS, Active Vice-President lone it would seen, .ivyonu question that such control extends not only to the navigable portion of rivers but to every reach of a stream and its tributaries, even to their source," ; To Aid Development of Water-power. I "The decision will undoubtedly af-j fori the etrorujest impulse to the movement for the development of j water power, and that, too, on dor! conditions such that this invaluable I asset will not become monopolized. ' bat be retained for the use of the t people in the Industrial and domes tic life of the country." j It was Senator Burton's further j opinion that the decision makes thej Federal government supreme in the! harmonious development of water course, especially when they form or; cross the boundaries of states, to pre vent monopoly of water power enter prises and to exercise control over rates of service when necessary, par ticularly when the business becomes Interstate Jn character. "The water power of the country," said Senator. Burton, "is an asset of a value beyond the dreams of avarice and It may be confidently expected that, aa she coal supply which readily available is diminished. It will assume its natural potential' place in the Industrial and domestic! life of the country." The case of the United 8tates vs.! Chandler-Dunbar - Water -- company, j turned upon the Question whether the! Chandler-Dunbar company had any private property in the water power ! capacity of the raptdd and falls of the St Mary's river In the state of Mich- lgan. Justice Lurton, In delivering thV unanimous opinion of ths court. which Is believed by many eminent i lawyers to be as vital In Its way as was the opinion of Chfef Justice Mar shall In ths case of Gibbons against Ogden. held thai the Chandler-Dun-' bar company, as rlplrian owners, had I ne "vested property right in ths wat- er power inherent Is the fall? and -rapids of th river, and no light to pine it the rfver works essential to .' anr practlea.' us of the flo of thej river, and the government cannot be Justly required to pay for an element p of value which did not inhere ini thee parcels as upland. The govern-i ment had domain, over the water) power of the rapids and falls an3' cannot be required to pay and hypo-j thetical additional value to riparian: owner who bad no right to appropri-j ate the current to his own use." i Further along in the opinion, and this Is the crux cf the decision, Jus- j tloo Lurtor. said: ' j The Opinion. - j "The titlo of the owner of fast land , upon the shore of a, n&vrable river to the bed of the river ts at beet a qualified one. It is a title which Inheres In the ownership of the shore, and unless reserved or exclud ed by Implication, passed with It as a shadow follows a substance, al though capable of distinct ownership. It is subordinate to the public right of navigation, and, however helpful! In protecting the owner against the j acts of third parties. Is of ne avail I against the exercise of the great and absolute power of congress over the! improvement of navlgabl river. That! power or use and control comes froml the power to regulate commerce be-j tween states and with foreign national It includes navigation, and subjects every navigable river to the control of congress. All means having some positive relation to the end in lew! sequences might arise not only tn con-' which are not forbidden by some oth-i nect'.on with th public demand for er provision of the constitution are! the purposes of navigation hut &e- admissible. (tween the riparian owners themselves: "If on the Judgment of congrem, the use of the bottom of the river la proper, (or the pur pose or placing therein structures purpose of olacing therein trticturlPervl"lon of the entire supply. As, in aid of navigation, it Is not thereby! taking private property for a puMlol use, for the owner's title was In its! very nature subject to that use In the Interest of public navigation. If Its Judgment oo that structures placed In the river and upon such submerged land are an obstruction or hindrance to the proper use of the river for purposes of navigation. It may require their removal and forbid the use of the bed of the river by the owner in any way which In its Judgment is Injurious to the dominant right of navigation. So, atoo, It may permit the construction and maintenance of tunnels under or bridges over .the river, and may require the remo'val 1 of every such structure placed there with or without its license. - the elf meht of contract out of the . way, which it shall require to be removed or altered as ar. obstruction to navi gation." Another Matter Rettled. Another matter settled by this de cision the importance of which will b increasingly evident as time goei on Is the right of the government not only to use for its own purposes any excess of water power which re sults from works which the govern ment may construct In the Improve ment of navigable rivers, but to sell, leae or otherwise dispose thereof to other parties. The Chandler-Dunbar Water power company claimed that such use of water not actually need ed for navigation wouli b a taklnr or private property for commercial Lrfoett. tmUm nd not for the Improvement rt uses navuaHn, k 4V,. . , . bh.c, siivi. anu Lufl i v iijuun. x ne enure couniry nas reao navlgation. but the court, after point-1 i. .I(5 b, nur gh n. i .,fh (V... ,u,.. .v. v...., Ir.g out that tho ,12th section, of the act of; 1904 deolares that conserva tion of the flow of ths river, while primarily for th benefit .. of; equivalent! than eould be hoped for navigation. It incidentally for the;Under tht pj-en, condition in this purpose of having water power de- j country, veloped, either for ths direct use of j . the United Btate or by leas through ; the secretary of war, says: "If the primary purpose is legltl huoa. we cu see no sound objeotlo to leasing any excess of power over the needs of . the government.. The practice la not unusual In respect to similar public works constructed by state governments. In Kaukauna Co., vs. Green Bay. etc. Canal (142 U. . 254,278 ), respecting a Wisconsin act to which this objection was made, the court said: "But, If In the erection of a pub lic dam for a recognised public pur pose, there la necessarily produced a surplus of water which may proper ly be used for manufacturing, pur- poses, there is no sound reason why the state may not retain to Itself the powet ot controlling or disposing ol suet water at ar. Incident of it right to make such improve menu In- j deed, It might become necessary to; retain the disposition of It In its own" hands in ordei w preserve at " times a sufficient supply tor the pur- pose of navigation. If the riparian1 owners wt allowed to tap the pond, sr. ainerent places wa araw on uiei water for ;heli own -jse, serious con-1 aa to the proper proportion each was entitled to draw controversies Which : could only be avoided by the state! reserving to Kaelf the immediate su- ther8 ta no n9d of tne urplus run-i mng lo wl"r lnen WM norning ou-i eotlonab'8 " permitting the state to j let out tne use of It to private parties and thus reimburse Itself for the ex pense of tlio Improvement." That the right to derive a revenue from the sale of water powet will i have a most Important bearing upon the development of the great connec ted system of waterways advocated by the national rivers and harbor congrress would seem to bo beyond all doubt or question. It Is easy to see that .lt may operate both to hasten the completion of works already pro jected and allow the extension of navl!!4tlon t0 Prtl"n" of Streams; remain un-! which would other a!s utilized because th expense of . im- provemeni wouio oo so greai aa to us in prohibitory. l probable that thlijof far-reaching decision will be the srab Ject of an Interesting discussion at the tenth convention of the national rivers and harbors congress, Which l to be ' held tn this city in Decem ber next , 'TO IXVADE P.VKIg. NETW YORK. Bept. . A wonder ful string of American fighters, in point of numbers, at least, sailed for the other side today In charge of Al Llppe. Included In the party were Johnny Daly and Joe Hyland of Newjfl(,wr. lu g)()(fs th Ulfe i,iians cen York, Bobby Scanlon, Charlie Thorn- ture, befor Cthiraoue discovered at and Barney Ford, of Philadelphia, America had won., with their soft Bla Mackey. of Cleveland, and Jeff j moocaealneti tread, a plainly dlstln Smtth. the New Jersey middleweight. j gUlghed trail. lr. buildins th ftrt ;Th WecUv P'" " lh ct. 'of nrurstere 'is Paria . where th fleht! ' - . - - . a green bay tres an wher the Amerlcant expect to reap a bigger i harvest of dollars (or the French Building activity in Chattanooga Is way above normal for this season of the year, many structures nf various kinds etng rct4. , LOAN ASSOCIATION STREET EDWIN L RAY, Sec-Treas. J. C MARTIN, Ally Colorado's Splendid System of Convict Built Roads Was Inspected by Twenty-Two Governors Trip Proved a Revelation t o Most of the Governors, and all Were bo Favorably Impressed That the Instal. lation of the Same System in Many Other States ia Now Contemplated. COLORADO SPRINGS, Sept . Having selected Colorado Springs for the 11)13 conference in order that they might study at first hand Colorado's wonderful highway system, construct- n ittr(E, measure by convict labor. governors of twenty-two tates and ,.heir staffs. In attendance at the see- sions of the lionise of Governors In 'his city, on Friday, Augiist 29, made a trip of Inspection over the Lincoln highway m jjie pass and over the Colorado Sprlngs-ranon City state highway, two of the most perfect road In the United States and two of the best examples of the results of cohvl?t labor. $.jn Hoad. The Colorado Springs-Canon Clly highway Is one of the best examples of scientific road building in the state; perhaps the country. For a distance of twenty miles or more south of Colorado Springs the road winds wound the mountains, prsuctt- caily the entire road bed having been cut onit of the hiMslde and in many places b!a,f.ed out of solid rock. , For the remaining twenty-five miles to Canon City tne way is over foothills and undulating country. Besides be ing a marvel In engineering, the road li one of the most scenic and plctur exque in the west, passing as it does through Red Rock canon. Dead Man's canon and . tnany other . beautiful mountain beauty spots,..It culminates j me rar-rma nifrnway to me lop the Royal Gorge and the tiky Line Drive, at -Canon City. The road averages eighteen feet in width and is perfectly crowned and drained. Although the routs offered a suocewrton of climbs, so skillfully was the englneerlnj work done that heavy: gradei !hav been practically eliminated and the motorist Is con fronted with only one single grade ol six per cent. The other 'portion of th trip was over the Lincoln highway in l.'te pass. L'te pairs Is one of thi historic gate ways of the . mountali, country and road aero the mountains u. freight construct these under ordinary con - ,.,.i,. r . .v.'Li,., -t uiiuiiii vaniuj me niiiic iuru followed the trail of the . Indians, A few years th. mairi portion of this road etween Xlanltf1! and Cajwarte was entirely rebuilt by copvlct labor, It has been pronounced one of the! Kplendld examples of road building. It hae a wide well crowned road "bed surfaced with finely disintegrated granite, from the mountain sidti. Orades have been reduced end al thouch the road overcomes aa ele- vation of 1,125 feet in a distance of five miles the climb Is gradual and is easily negotiated. - It Is. over the Ute I' a road that the Uncoln highway of Colorado enters the mountains af ter striking straight across the plains of central Colorado to Colorado Springs and Manltou. Thence It con tinues westward through South Tark over Tennessee pass down the valleys of the Eagle and Grand rivers to Grand Junction and the Utah line. Baw Garden of Gods. The governors on this trip visited also the famous Garden of the Oods, which Is probably the most unique park owned by an American muuici pality. Thie famous garden of won derful fantastic sandstone formations was given as a Christmas present to the city of Colorado Springs In 10B by the children of Charles Elliott Perkins tn carrying out his expressed wish that It become a public park for ever free to the world. Wh!l the Colorado 8prtngw-Canon City road with the Sky Line drive and the road to the top ot the Royal Oorgo and the Lincoln highway In Ute. paw are the best known example of Colorado's convict labor system of roads there are many miles ot splen did roads ' constructed ' under this method In other section of the state. Binoe the passage of the law about j iix years ago making possible ths! cniploymenl of convict labor t n state highways, through cooperation with various counties, the system has been generally employed. Particularly with the last three or four years has It been adopted and the results which have been achieved have been highly satisfactory. This applies more especially to the 'beneficial results to the convicts themselves. Under the Colorado sys tem, Che convict is allowed ten day off from tils sentence for each month of labor on the roads. This is in ad dition to the usual reductions for good behavior. Besides tn Colorado the employ em nt of convicts on the roads has been singularly successful because o! the fact that tho cost of building many of its mountain roads would have been almost prohibitive II m stats would be compelled to tcii a its iJirrit'iiiH fir 1 1 inm n rt m nri in this regard because tt has given to travelers from all sections of the coun try some of the most splendid of tt mountain eoenery. It has furthermore set the example for many of the oth er states In the advancement of some system for the employment of con vict on state and country roads. The trip for the governors wag u. ranged for by the Colorado Springs chamber of commerce and was psr- 1 r v 'if'ti'it-'i - sonally conducted by Leonard E. Cur he, icaiuciii ui me voiuraao uooa Roads association an ad member ot the state highway commission, and by Warden Thomas J. Tyman of the Colorado state penitentiary under whose administration a great portion ot these roads has been built. Upon the return to Colorado Springs, the 1 -governors listened to an address by Warden Tynan on convict road build- ; Ing In which ha explained Clearly ' and concUeiy the methods employed, gave statletU's to show the compare ttve ot of building highway by convict labor and by contract labor, demonstrated the superiority of con vlct 'built roads and let forth tht excellent results that majr be obtained by their states from Uie adoption of the convict plan. Mr. Tyman also showed several film of moving Vh tures illustrating the convicts at work ' and also showing the completed road Favorably Impressed. ' Many of the governors whose states have not yet adopted this plan were so favorably Impressed with the' re. suite secured In Colorado that they win miake further study with a view to recommending to their letrlsalturaii the adoption of similar systems, -- in speaking of what can be ac complished In the way of road butld tng by the use of convict labor. Warden Tynan says: "The benefits of this er anv other state resulting from a broad and sclentlflo system of , convict road founding can scarcely be estimated. jjonsjaoring tne situation In Colorado, and basing our figures on -actual ex perience, we are confident that wt can construct more than 6,000 mllel ot the very finest roadwavs tn th - next ten years for less than 1800.000,., -and this without adding anythlna ' whatever to the burden of lbs tax- payers.; .... ' . "During a period of ten vears hj, internal revemia fund of Colore rin should amount to $2,000,000. After deducting 1500,000 for road construe lion, the remaining amount should be wisely expended tn bridge oulld- -Ing, road repairing and similar pur- pones. Add to this the financial as sistance from the different counties whkh would enable us to construct not less than 10,000 miles of tht finest roadways In the next ten years. It can be done tn Colorado, . why should not the same conditions apply to other states under more favorable conditions In iview of the fact that the roads are naturally better and It would not cost nearly so much for construction? "To better Illustrate the great" sav ing to the taxpayers on this class ot work and its possibilities, let me quote a few figures from one of our road ; camps. During the month we (worked ' 35 men on the road, not Including the Camp help. Tho number of dan employed was 14 S-. Each of the ' men rendered to the state, labor with a value equivalent to $2 to 13 day per man. The labor for each ot . these men cost the state exactly 21 cents tier day. Had this number ol men been employed at tfm r?,:Ut Continued on I.