Memorandum of Disapproval of Bill for the Relief of North Counties Hydro-Electric Co.

I AM WITHHOLDING my approval from H. R. 10419, "for the relief of North Counties Hydro-Electric Company."

The bill provides that "notwithstanding any statute of limitation, lapse of time, or any prior court decision of this claim by any court of the United States, jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine, and render judgment on the claim of North Counties Hydro-Electric Company of Illinois against the United States for damages to its power plant and dam at Dayton, Illinois, sustained as the result of a dam built by the United States on the Illinois River, at Starved Rock near Ottawa, Illinois."

The North Counties Hydro-Electric Company owns a hydro-electric power development on the fox River near Dayton, Illinois. On two occasions, once in 1943 and again in 1952, the company suffered damages to its facilities from ice jams and flooding in the river. It twice brought suit against the United States in the Court of Claims alleging that the ice jam and flooding were caused by the erection by the United States of the Starved Rock Dam, which is located on the Illinois River at a point approximately fourteen miles below the corporation's properties. In each instance the decision of the Court of Claims went against the company.

The matters covered by this bill have been fully considered on their merits and decided adversely to the corporation. The company has had its day in court on two occasions and the Court of Claims should not now be required to consider the same matter again.

DWIGHT D. EISENHOWER