﻿604 
  NEW 
  YORK 
  STATE 
  MUSEUM 
  

  

  the 
  public 
  uses 
  aforesaid, 
  just 
  compensation 
  being 
  ascertained 
  

   and 
  made 
  for 
  all 
  private 
  and 
  public 
  property 
  so 
  taken 
  as 
  in 
  this 
  

   act 
  authorized. 
  

  

  It 
  is 
  also 
  stated 
  that 
  in 
  the 
  judgment 
  of 
  the 
  Legislature, 
  the 
  

   compensation 
  for 
  lands 
  condemned 
  should 
  not 
  be 
  paid 
  by 
  the 
  

   State, 
  but 
  should 
  be 
  paid 
  by 
  and 
  through 
  the 
  corporation 
  created 
  

   by 
  the 
  act. 
  

  

  There 
  is 
  some 
  doubt 
  about 
  the 
  constitutionality 
  of 
  this 
  provi- 
  

   sion, 
  and 
  the 
  first 
  thing 
  to 
  be 
  done, 
  therefore, 
  is 
  to 
  test 
  its 
  con- 
  

   stitutionality. 
  For 
  this 
  purpose 
  a 
  friendly 
  test 
  case 
  should 
  be 
  

   brought 
  and 
  carried 
  to 
  the 
  court 
  of 
  last 
  resort. 
  

  

  The 
  next 
  thing 
  is 
  to 
  take 
  options 
  on 
  the 
  water 
  rights 
  from 
  Lake 
  

   Ontario 
  to 
  above 
  the 
  upper 
  falls 
  at 
  Portage. 
  There 
  are 
  about 
  one 
  

   hundred 
  owners 
  in 
  all, 
  of 
  which 
  about 
  forty 
  are 
  at 
  Eochester. 
  

   The 
  largest 
  owners 
  are 
  the 
  Eochester 
  Gas 
  & 
  Electric 
  Company 
  at 
  

   Eochester 
  and 
  William 
  P. 
  Letchworth 
  at 
  Portage. 
  

  

  The 
  act 
  of 
  incorporation 
  provides 
  for 
  condemnation 
  of 
  flowage 
  

   ground 
  of 
  reservoir, 
  if 
  satisfactory 
  arrangements 
  can 
  not 
  be 
  

   made 
  with 
  the 
  owners. 
  Before 
  such 
  proceedings 
  can 
  be 
  insti- 
  

   tuted 
  it 
  will 
  be 
  necessary 
  to 
  have 
  a 
  map 
  of 
  the 
  flowage 
  ground, 
  

   showing 
  what 
  area 
  is 
  to 
  be 
  taken 
  from 
  each 
  owner. 
  Such 
  a 
  map 
  

   should 
  be 
  made 
  at 
  once, 
  because 
  many 
  of 
  the 
  owners 
  — 
  probably 
  

   from 
  one-half 
  to 
  two-thirds 
  of 
  them 
  — 
  can 
  be 
  settled 
  with 
  without 
  

   litigation. 
  In 
  order 
  to 
  accomplish 
  this 
  the 
  flow 
  line 
  needs 
  to 
  be 
  

   determined 
  and 
  the 
  area 
  of 
  that 
  portion 
  of 
  all 
  farms 
  extending 
  

   up 
  the 
  side 
  of 
  the 
  valley 
  above 
  the 
  flow 
  line 
  and 
  which 
  is 
  to 
  be 
  

   taken 
  into 
  the 
  reservoir 
  carefully 
  computed. 
  This 
  survey 
  will 
  be 
  

   the 
  basis 
  of 
  the 
  maps 
  required 
  by 
  law 
  to 
  be 
  filed 
  with 
  the 
  county 
  

   clerk. 
  

  

  The 
  Pennsylvania 
  railway 
  now 
  passes 
  through 
  the 
  middle 
  of 
  the 
  

   proposed 
  reservoir 
  for 
  a 
  distance 
  of 
  15 
  miles. 
  The 
  storage 
  plans 
  

   include 
  a 
  relocation 
  of 
  this 
  railway, 
  on 
  the 
  west 
  side 
  hill 
  well 
  

   above 
  the 
  flow 
  line. 
  The 
  increase 
  in 
  manufacturing 
  and 
  growth 
  

   of 
  population 
  at 
  Eochester 
  and 
  other 
  points 
  in 
  the 
  Genesee 
  val- 
  

   ley, 
  which 
  are 
  certain 
  to 
  follow 
  the 
  construction 
  of 
  the 
  Genesee 
  

   river 
  storage, 
  will 
  naturally 
  incline 
  the 
  railway 
  officials 
  to 
  be 
  

   favorable 
  to 
  the 
  project, 
  but 
  nevertheless 
  since 
  the 
  negotiation 
  

   with 
  them 
  is 
  likely 
  to 
  consume 
  considerable 
  time, 
  it 
  should 
  be 
  

   gotten 
  underway 
  as 
  soon 
  as 
  possible. 
  Indeed, 
  it 
  is 
  necessary 
  

  

  