By Joseph R. Malone

Halt to Rochester Petitions Hinted By Official

Canadice lake cottage owners joined with Hemlock business interests and the town of Livonia yesterday to fight Rochester plans to enlarge its Hemlock/Canadice Lakes water supply.

At morning and afternoon hearings by Russell Suter, executive engineer for the State Water Power and Control Commission, representatives of the uplands' interests held the proposed $2,100,000 project would spoil properties and wreck flourishing businesses, if permitted by the state.

In addition, Mayor William E. Despard of Honeoye Falls told Suter his village needs more water from Honeoye Creek than it now gets for fire protection and sanitation purposes. The creek is fed mostly, Despard testified, by waters from Hemlock and Canadice Lakes.

Hint of Attitude

In the course of Despard's testimony, there was a hint that the Water Power and Control Commission may contemplate definite steps to halt the flow of city applications for permits to increase its upland water supply. It was disclosed at a previous hearing that six such applications have been made over the past 18 years and Arthur V. Chamberlin, attorney for Despard's village secured admission in evidence yesterday of five Commission devisions over the period 1927-1930, all bearing on a city application, granted by the Commission but never carried out by the city, for the development of Honeoye Lake.

Overruling the objection of Glenn L. Buck, deputy corporation councel, to admission of these decisions as have no bearing on the present application, Suter remarked:

"The attorney general has some ideas with regard to them and I don't want to do anything detrimental to his plans."

Attorney-General Nathaniel L. Goldstein is a member of the Commission. Suter did not amplify when asked about the matter following the hearing. Newspaper men, however, delving into the past, brought to light a decision of the Commission of December, 1936, denying a city application of that time to tap Lake Ontario. The decision made it plain the Commission felt that its approval of the Honeoye Lake project, as given in 1928, still carried weight.

The question now arises: Will the Commission also consider the Honeoye Lake project of greater benefit to the city than the present proposal, concerned entirely with the enlarging the potential of Hemlock and Canadice?

In the 1936 decision, the Commission discussed a possibility of raising or lowering the elevation of Hemlock and Canadice Lakes , which is what the present project proposes to do, and it held that this would require legislative action, since the lakes are protected by law in respect to the community surrounding them.

Buying Properties

It was brought out yesterday that the city has obtained legislation authorizing it to buy all properties bordering on Canadice Lake. I already owns virtually all lands bordering on Hemlock. Chamberlin asked Suter if this meant the city could go ahead with its present plan without consent of the Commission.

"My understanding is," replied Suter, , "that the city can do anything authorized by the Legislature. But any new grant of power is under the jurisdiction of the Commission. Under the old law, the city may purchase the property of this witness but whether it may flood part of it without our permission, I think not."

The witness, Albert E. Ellinger of Snyder had testified that city plans to raise the level of Canadice three and one-half feet would necessitate the raising of a retaining wall on the lakefront of his property on the west side of Canadice and would inundate parts of a private road serving his and other lakeside properties. Ellinger owns two adjoining properties on the Lake.

Other Canadice cottage owners, like Ellinger represented by John J. Carey, Livonia attorney, testifying to the damages to their properties should city plans be carried out were Frank C. Shaw of Caledonia, Lucilla M. Kinley of 20 Pickford Dr., Brighton, and John A. Raab, 2112 Manitou Rd., Greece.

Bed of Lake

During Raab's testimony, Suter raised the question of who owns the bed of Canadice Lake. Buck said he wasn't sure but thought it was owned by lakeshore property owners. Corporation Counsel Charles B. Forsyth said however, that the bed of the lake is owned by the state and most of the shore lot lines are bounded by the high or low water mark of the lake. Buck pointed to an old court decision holding that the bed of Hemlock Lake, a non-navigable stream, was privately owned and Suter observed:

"I would like to know who owns the bed of the lake."

The hearing will resume at 10:30 this morning with further Honeoye Falls testimony.