394 REPORT OF THE COMMISSIONERS OF 



(14.) Damages resulting by reason of delays in towing. 



Not only is the towing of logs across the reservoir open to the objections above pointed out, but 

 there is a further objection, viz. : To tow an ordinary cut of eight to ten million feet down across the 

 reservoir would take a month at least, so that by the time the logs were towed to the dam the driving 

 water would be all lost and gone and there would be no water to drive the logs below the dam, which 

 would entail the " hang-up " of the drive for at least a year, with a consequent loss of interest and a 

 deterioration in the value of the logs. Timber deteriorates in value at least fifteen per cent, by being 

 left over one season. The deterioration in value by reason of a "hang-up" would be about ten or 

 twelve thousand dollars additional, to say nothing of the increased expense of towing. 



Upon this subject, attention is called to the following evidence : 



GEORGE T. CRAWFORD testified that the driving season would be likely to have gone by 

 the time it took to tow 10,000,000 feet of logs across this Stillwater. 



JAMES COSGROVE testified that by the time an ordinary drive of eight or tun million feet had 

 been taken down to the dam, the driving water would be apt to be gone. 



HON. M. W. VAN AMBER testified that it would take about a month to tow down an 

 ordinary cut of eight or ten million feet of logs, by which time the driving season would be past. 



WILLIAM HARRIS testified that it would be necessary to have the logs at the dam at just 

 the right time. 



(15.) Injustice of the State's position. 



It is hardly a suitable thing for the great State of New York to inflict damages of the magnitude 

 that it has in this case and then defend upon the theory that hereafter the dam may be built over ; 

 that some Legislature in the future may pass an act for that purpose, appropriate the necessary 

 funds, and that the people at Watertown and the Black River Water Commissioners will permit the 

 reservoir to be dry a whole season so that it may be cleared, and then that it will be cleared, and 

 that the State will pass an act for that purpose, with the necessary appropriation; and that a channel 

 will be dug out for towing purposes, and then if there is sufficient compatibility in the use of the dam 

 and reservoir by the State, that the land owner can go to the extra expense of towing his logs down, 

 with the loss of interest and deterioration in value of his product by reason of the delays attending 

 towing. This is too violent an assumption. There are too many " ifs " in the way. 



To arrive at this result it is necessary to assume : 



First : That the State will fix the dam over. 



Second: That the State will clear up the reservoir and excavate a towing channel. 



Third : That the State will permit the reservoir, land and water, to be used for lumbering purposes. 



Fourth : That the dam and reservoir can be used by lumbermen for lumbering purposes at the 

 same time that the State is using it for storage purposes. 



The position of the State only illustrates the old saying, that by prefixing a sentence with an ' if,' 

 any possible kind of a result can be arrived at. 



(16.) Manner of use of the dam by the State. 



The reservoir is controlled and managed by a Commission appointed by the Governor under Laws 

 of 1894, Chapter 168. 



Under this act the Commissioners appointed are authorized to make rules and regulations for the 

 use of the gates of the dam, subject to the approval of the Superintendent of Public Works, and 

 such Commissioners are authorized to regulate the discharge of water through such gates at such 

 times and in such quantities as they may deem proper, but not in such manner as to injuriously 

 interfere with canal navigation; or the navigation of that portion of the Black River used for canal 

 purposes. 



The rules and regulations of the Commissioners are shown by the testimony of Commissioner 

 James P. Lewis. 



The record of the discharge of the water in the reservoir is given by Mr. James P. Lewis, 

 Secretary of the Commission, in his testimony. The water was originally put in the dam in 

 November or December, 1893. They began to draw the water from the reservoir on July 23d, 1894. 

 when one gate and a half was raised. August 1st, 1894, another gate was raised ; September i5tli all 



