Show LAND DECISION E S Last Legal Obstacle To American Falls Dam DamI I Cleared Away I I WASHINGTON SS SSI Nov The 13 13 The United States had authority the supreme court held Monday Mond to condemn land Ind for a n new site Bite for that part parl of American Falls Ida Jda- Idaho Ida Idaho ho which hud had to be b relocated be bee because cause of flooding resulting re from the construction of a dam across i i 11 er All land necessary for the tho new townsIte was as obtained by pur- pur purchase purchase pur purchase chase by the government except that owned by DeWitt G and Roosa C Brown Browm The Tho lower fed fed- federal fed federal eral cral court held lel 1 that the tho covern govern govern- government mo ment nt had the right to condemn the Brown property This opinion by n a a court ourt apparently clears clear a away aay ay thee the I legal leEal obstacle standing In the path of the Ibe American rails r pio Incidentally the Ue me COUI court t affirms th the decision of ot Judge Dolt Ich In this particular roe case which presented Jre a unIque question to the highest tribunal of the land Dewitt Dew Dp Itt Garrison Brown Brow Bro nand n and Roosa C Brown Bron owned ned acres aCles lying h Ing lust JUst out the Ihl nandI present I ot of rails ralls hut but ad- ad adjoining ad joining tho the tract on high school ground which the th rC reclamation ser ser- ser service vice Ice hiss has acquired for tor the tho th new to The government 10 KOV eminent had ae- ae acquired ac acquired acres of high school ground for tor the new but needed an additional l acres of which I the Bro Brown n tract formed the greater gr lter part rt Brown Drown asked 24 for hIs stand Ills stand and a price the gov- gov government co nt considered prohibitive e so RO condemnation proceedings proceeding's were ero had and the jury rendered A B ver ver- verdict diet dict of to which the court added 32 as Interest from the date of the summons to that or of orho tho ho judgment Brown denied the power of congress under the con con- constitution con constitution to condo condemn mn his land claiming it was as not tako taken n for fOT II a public purpose and At Attorney At- At torney General J II H Peterson PHerson re- re recently re recent o cent nn argued the case for Bro Brown Bron n before e the supreme court 00 I I I |