Great Falls Manuf Co v. Garland
Citation | 31 L.Ed. 527,124 U.S. 581,8 S.Ct. 631 |
Parties | GREAT FALLS MANUF'G CO. v. GARLAND, Atty. Gen., et al. 1 |
Decision Date | 06 February 1888 |
Court | United States Supreme Court |
[Syllabus from pages 581-582 intentionally omitted] Congress formed the purpose, many years ago, of supplying the cities of Washington and Georgetown with water from the Potomac river, at the Great Falls, in the state of Maryland. A controversy having arisen between the secretary of the interior—charged with the expenditure of public moneys appropriated for that purpose—and the Great Falls Manufacturing Company as to the compensation, if any, which the latter was entitled to receive for certain lands and water-rights at or near the Great Falls, which that company claimed, and which the officers of the government proposed to take for public use, articles of agreement were signed by that company and the secretary of the interior, on the twentieth of November, 1862, submitting the matters in dispute to the arbitrament of Benjamin R. Curtis, Joseph R. Swan, and others. The government exhibited to the arbitrators four alternative plans, with specifications, for what is called the Potomac dam of the Washington aqueduct. The majority of the arbitrators awarded and determined, February 28, 1863, that This plan involved the construction of a dam from the feeder of the aqueduct, thence across the Maryland channel and Conn's island to the Virginia bank, on land belonging to the United States. The arbitrators concurred in awarding and determining that 'if the United States shall adopt and decide to execute the plan of operations designated in the specification and on the plat as 'Plan 4th,' being the fourth plan of operations named in the said specification, then the said Great Falls Manufacturing Company are legally entitled to the sum of fifteen thousand six hundred and ninety-two dollars ($15,692) as compensation for the use and occupation by the United States of the land, water-rights, and privileges claimed by the said company, and all consequential damages to the property and rights of the said company which they may legally claim by reason of the execution by the United States of the plan of operations last above mentioned.' The latter plan involved the construction or a dam of masonry from the Maryland shore to Conn's Island, and gave the United States the right to deepen the channels on the Maryland side of that island, near its head. In U. S. v. Manufacturing Co., 112 U. S. 645, 5 Sup. Ct. Rep. 306, this court affirmed a judgment of the court of claims for $15,692, as compensation and damages to that company by reason of the adoption and execution by the United States of plan 4.
The present suit by the Great Falls Manufacturing Company relates to the construction of a dam across and from Conn's island to the Virginia shore, for which provision was made by an act of congress approved July 15, 1882, (22 St. 168,) entitled 'An act to increase the water supply of the city of Washington, and for other purposes.' The act provides for a survey and map of the land necessary to extend the Washington aqueduct to the high ground north of Washington, near Sixth street extended, and of the land necessary for a reservoir at that point. But it also contains the following provisions:
'Any person or corporation having any estate or interest in any of the lands embraced in said survey and map, who shall for any reason not have been tendered payment therefor as above provided, or who shall have declined to accept the amount tendered therefor, and any person who, by reason of the taking of said land or by the construction of the works hereinafter directed to be constructed, shall be directly injured in any property right, may, at any time within one year from the publication of notice by the attorney general as above provided, file a petition in the court of claims of the United States, setting forth his right or title and the amount claimed by him as damages for the property taken or injury sustained; and the said court shall hear and adjudicate such claims in the same manner as other claims against the United States are now by law directed to be heard and adjudicated therein: provided, that the court shall make such special rules in respect to such cases as shall secure their hearing and adjudication with the least possible delay.
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