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.