396 REPORT OF THE COMMISSIONERS OF 



HON. M. W. VAN AMBER testified: This timber standing in the flow line adjacent to the river 

 is more valuable than the same quantity of timber standing back, and that the nearer you approach a 

 floatable stream the more valuable the timber is. 



(19.) All the timber standing within the flow line -will he destroyeii by the reservoir. 



JOHN McFARLAND testified that if water is dammed back against standing timber in warm 

 weather, after the leaves come out, it will kill the timber, and the timber will begin to die the first 

 year if water is kept on during the hot weather. 



WILLIAM H. McECHRON testified that water held during the hot weather about standing 

 timber would kill it. 



(20. ) ]Vater held about standing timber for a few weeks or a mouth during the driving season in 

 the spring of the year will not injure the timber. 



In order to successfully drive some of the tributaries upon the lands of the claimant on the Beaver 

 River, witnesses testified that it would be necessary to use dams or a reservoir. 



The learned Attorney-General straightway fell into the error of supposing that these proposed 

 lumber dams or reservoirs would kill the timber the same as the State dam. That he was mistaken 

 in such supposition clearly appears from the evidence. 



DAVID C. WOOD testified that if water surrounded standing timber a few weeks in the spring, 

 before the trees leaf out, it does not kill the timber. 



JOHN McFARLAND testified that water held about standing timber a few weeks before the 

 trees leaf out and sap gets started does not injure the timber. 



WILLIAM H. McECHRON testified that water held about standing timber for the driving 

 season does not injure the timber if it is drained off before the weather gets warm ; and that tracts of 

 land having lakes which have been so used for reservoirs are valuable for park purposes, after the soft 

 wood timber has been taken off. 



ERASTUS DARLING testified that water held against trees in the spring for a month does not 

 injure the standing timber, and that he has sold tracts of land, that have been flooded in that 

 way, for park purposes after the merchantable soft wood had been taken off. 



PATRICK MOYNEHAN testified that water held about timber in the spring of the year does 

 not injure it if it is not held too long in warm weather after the trees are leafed out; and that he has 

 sold tracts of land for park purposes with lakes that he has so used as reservoirs for lumbering 

 purposes. 



There would be no difficulty in properly using the lakes as reservoirs for lum.bering purposes. 

 The timber would not be killed by holding the water for a few weeks or a month in the spring of the 

 year during the driving season. 



(21.) For Purposes of Floating Logs on the Beaver River below Stillwater, the 

 Dam is a Nuisance. 



(a.') The dam and the reservoir eut off the natural supply 0/ water and interfere with the driving 

 of the river below the dam. 



It is to be noticed that the gates of the dam are not of sufficient size and capacity to let through 

 the amount of water flowing in the river in its driving condition. 



SAMUEL O. BOULLIVANT, who has charge of the lumbering operations of the Beaver River 

 Lumber Company below the dam, testified upon cross-examination : 



Q. Well, this reservoir there at Stillwater is an efficient help to log driving on Beaver River. — 

 A. It never has been, not to any extent, because they have never been able to get water when they 

 wanted it. 



Q. Well, if they could get the water when they wanted it, it would be? — A. Possibly it might. 



Q. Well, wouldn't it? — A. It would certainly. Any amount of water would be an assistance, no 

 matter where they got it. 



GEORGE T. CRAWFORD testified : 1 should hope the State would allow us to take a little 

 water of the dam, and if you got your logs down to the dam and could get the water, and then let 

 the water out, you could drive for the rest of the way. 



