388 REPORT OF THE COMMISSIONERS OF 



restore to the Black River the waters taken from that river for canal purposes; and upon such 

 restoration being done, that then the claimants would withdraw their claims. Legislation was had 

 accordingly. 



By chapter 336, laws of 1 881, the Superintendent of Public Works was directed to construct a 

 reservoir on the Beaver River, in Lewis County, for the purpose of restoring to the Black River its 

 original supply of water. Subsequent acts of appropriation were passed: Laws 1882, chapter 362, 

 page 510; laws 1883, chapter 491, page 682; laws 1884, chapter 551, page 731 ; laws 1886, chapter 

 330, page 525. 



Under these acts the Superintendent of Public Works constructed a dam at Stillwater on the same 

 site as the present dam. It was to be noticed that the act directed the Superintendent to construct a 

 reservoir in Lewis County. It can not be disputed that the Superintendent of Public Works wholly 

 failed to comply with the statute in this regard. He constructed the dam in Herkimer County, several 

 miles over the line. As to the location of the dam in Herkimer County, attention is called to the 

 following evidence, viz. : 



(l.) Location in Herkimer County : 



DAVID C. WOOD, surveyor and engineer, testifies that the dam is located in Herkimer 

 County, five or six miles west of the county line between the counties of Lewis and Herkimer. 



HON. MELVILLE W. VAN AMBER testifies that the dam is located in Herkimer County, 

 about six miles from the county line between Herkimer and Lewis counties. 



C. E. PHELPS, a civil engineer, residing at Alder Creek, and who ran out the lines of the 

 reservoir on the theory that the dam was to be increased to fourteen feet in height, with a view to 

 the 1892 legislation, testifies that the dam is located in Herkimer County, about eight miles east of 

 the line between Herkimer and Lewis counties. 



This dam was not adequate for the purposes intended, and the Legislature of 1892 passed an act 

 under which the Superintendent of Public Works was directed to repair, enlarge and rebuild the dam 

 at Stillwater, on the Beaver River, and to rebuild the same at least five feet above the height of the 

 former dam. 



It is to be noted that the Legislature, in 1892, directed the Superintendent of Public Works to 

 repair, enlarge and rebuild the dam at Stillwater five feet. By this act the Legislature ratified and 

 confirmed the former erection of the dam at Stillwater, in Herkimer county, instead of Lewis County. 

 Prior to this time the building of the dam was at an unauthorized location, which, however, was 

 ratified and confirmed by the State in 1892. 



(2.) History of the Legislation under which the D.\m was Built. 



The history of the legislation under which the dam was built was given by the witness, HON. G. 

 H. P. GOULD, who was in the Legislature at the time, and can be best given in his language -. 



O. Were you in the Legislature at the time the act was passed which provided for the building 

 of the first dam ? — A. No; I think not. I was in the Legislature in 1885. 



Q. You were in the Legislature in 1890 again? — A. In 1 89 1 and 1892. 



Q. Was there any legislation on the subject of this Stillwater dam in either one of the years 1S91 

 and 1892 ? — A. 1891 or 1892? There was. 1891 there was a bill introduced for raising the dam ; it 

 wasn't passed. 1892 it was introduced again, and it passed. 



Q. Who introduced the bill? — A. Senator Mullin or ./Assemblyman Fuller. 



Q. Was there any opposition to it? — A. I opposed the bill in l8gi and I did so in 1892, until the 

 Governor requested me not to, and 1 stopped. I opposed it for the reason that my constituents on 

 Beaver River, Mr. Basselin and Mr. Van Amber, requested me to. 



Q. Was the opposition to this bill founded upon any other ground than because Basselin and 

 some other people down along the river didn't want it ? — A. Yes, sir. 



Q. What was it? — A. Dr. Webb didn't want it. General Husted came to me with a letter he had 

 in his hand from Dr. Webb, requesting him to defeat that bill. He asked me, " What is your position 

 on it?" and I said, "General, I am opposed to the bill; my constituents don't want it." - 



(3.) Location of the dam with reference to claimant's land : 



