New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-22
WASHINGTON NEWS.
CALIFORNIA; NEW CONSTITUTION.
TIE WORK OF THE HooDLUMs" REVIEWED IN
SUPREME COURT CASE.
[BY TELEGRAPH To TIE TRmUSE.l


IBY TELEGRAPH To TIE TRIBUNEl
WASHINGTON, Nov. 21.-A case involving
the validity OF the Constitution Of California was dis
cusscd in the Supreme Court this morning The plaintiff
in error from the Supreme Court OF California Is the
Spring Valley Water Works Company, corporation
which since 1861 has been supplying about fourfths OF
the water used I'm the City Of san Francisco The cost
OF the works has erected approximates Sl5,OOOOOO
Before the organization OF the company the general
law OF California respecting the incorporation Of the
water companes contained provision that cities might
contract with companies for supply Of water but that
no contract should be made IA to take away from
city the right TO regulate the rates for water confer
on a company privilege for term exceeding twenty
years.
No one having been found willing under this state Of
the law TO construct the costly works required the
LEGISLATURE I'm 1853 enacted that companies could be
organized without any Limitation the term OF their cN-
stence and under contract providing Board OF Water
Commissioners Of four members two appointed by the
ely and two by the company, with power TO add fth
annually fix the water rate Under this act tho Spring
Valley Water Works Company organized and began
operations
Tho case was argued for the company by Senator
Fdmrnds and Others behalf OF the supervisors by
Judge Rhodes of California. Judge Ednlnds contended
that while State Is incapable OF bargaining away Its
nalenablc sovereign powers, 1t may make contract by
which II will be bound Ike any else; that the proys
ION OF the general law which made the water rate xabe
by Board OF Arbitration was part Of contract made
by the state representing simple business transaction.
and that the Of state sovereignty was not In the
least involved; that the police power OF the State
might be exercised I'm reference 20 the business but thar
would be by way o: regulating the mechanics OF the
works.
The case Of lotteries having been ncauOusly alluded
IN by Mr. Rhodes as valid exercise OF the police power,
Mr. Edmund- supposed case I'm which state should
authorize perpetual lottery condition that ouchau OF
the proGts should 20 20 the State and then later should
pass law enactng that the lottery company should sur
render OF the profits have ia property
couHscntcd The change I'm the method Of fixing the rate
was Objectionable because the principle Of selection was
vicious, the supervisors being judges In their own case
No authority, # was affirmed, could be atdnccd In
which municipality had been allowed to appoint com
mi-sioncrs for condcmuns property which Is different
from the power Of assessing FOR taxation II having been
contendcd the part o the supervisors that private
property could exist In water more than air. II was
pointed that that depends on circumstance that III"
farmer entitled only 10 the ~ the living stream
which runs through his and his nrichbOr- land but when
water collected ones own land II his private prop
when tie state Constitution declared the Of all
10 be appropriated Ia sale or rental I" De- al 1lo
use II simply Coufscated priv atc property but 10 some
what round about way
Tue 'hoodm,' who made tho Constitution were careful
not 20 repeal The company charter bu, th,y '"ulN"!'
10 provide that the watcrworks should De- cuuh-raicd
whenever any rate tho supervisors might NJ should be-
declined, however low that rate might hc.
The senator distinguished the present suit tFom mo
Mum that attempt there made tuuiI
Mum Ia continue his business at rates over
which ne had control or 10 lo-e his property.
INT. suit admirable Illustrations the value OF that
separation three departments In which the strength
and efficacy pf GOV eminent consists The Judiciary
are called upon 10 restrain an encroachmcut OF the
legislative power, effected under lue and cry against
corporations and monopprs by public sentiment
which seemed Ia make Il the right of every man 10 get
ANYTHING that anybody else had earned.
The senator closed with expression ~ his belief that
the Court I'm recent had gone far Hs IL willing
10 ~ In admitting the power OF the public over property
owned 10y corporations aud that vested rights would not
be permitted 10 De impaired In the present case.