Los Angeles herald., 1890-11-14
WAR DECLARED.
THE COUNCIL VERSUS THE CITI-
ZENS' WATER COMPANY.
A Suit Which Will Please the Crown
Hills People-A Forfeiture of the Com
pany's Property to the City Prayed
For.

Suit was commenced yesterday by the
city council against the Citizens Water
company to forfeit the water works
heretofore used by said company, for
the public use.
The complaint recites the necessary
preliminary facts as to the status OF
plaintiff and defendant. and the fact
the ordinance establishing water rates
was duly passed, and is law. The gist
of the complaint is contained in the
following paragraphs:
z. That since the 1st day of July,
1890, the defendant, the Citizens Water
company, has charged, demanded and
collected from citizens OF the city of
Los Angeles for water supplied to them
by said company, water rates In excess
of the water rates so fixed and estab-
lished by said city council by said or
dinance; that said defendant since the
1st day OF July, 1890, has charged, de-
manded and collected water rates from
not equal and uniform, and which are
and were unequal, unjust and discri-
minative against the inhabitants OF said
city; that since the 1st day OF July,
1890, the said defendant has failed and
refused and now fails and refuses to
furnish pure water for the inhabitants
in the hilly portions of said city, suffi-
cient for domestic or family uses, and
since said date has failed to supply the
inhabitants of said portions of the city
with sufficient supply of water of
any character, although the water sup
ply of said company at that time was
and ever since has been pure and of
sufficient quantity to have supplied the
inhabitants of that portion OF the city
with pure, fresh water sufficient for do
mestic purposes and family uses.
s. That since the 1st day of July,
1890, said defendant has charged, de-
manded and collected from the inhab-
itants of said portion of the city of Los
Angeles water rates which are greater
and in excess Of the water rates charged
by the Les Angeles City Water COM
pany for similar services.
8. That since the 1st day of July,
1890, the defendant, the Citizens Water
company, has been rendered by numer-
consumers of said company, the amount
to which said company was entitled as
water rates for water so furnished. as
established by said ordinance so passed
by said council, and that said company
has refused to accept the same and de-
manded higher and greater rate than
that to which it was entitled by the pro-
visions of said ordinance, and upon the
refusal of said citizens to pay the same,
it has shut off the water from the
premises of such citizens and deprived
them of water altogether.
10. That while said ordinance only
provides that any corporation or person
furnishing water to the inhabitants of
the city of Los Angeles shall have the
right, in all cases where there is large
consumption or waste of water, to apply
meter and collect meter rates, that
said company has applied meters to
premises where there was not a large
consumption or waste of water, and has
demanded meter rates for furnishing
water to such premises.
IL. That the hilly portion Of the city
of Los Angeles, which is supplied with
water by said company, is large and
populous section of said city, and that
no other water company operates or has
pipes within that district, and that there
is no way by which the inhabitants
therein can procure water in sufficient
quantities except by bringing the same
from a distance, and that they are now
wholly dependent upon said company to
supply them with water for domestic
purposes, irrigating their lawns and
shrubbery, and for protection from fire.
II. That said company has purchased
and now owns the following described
real estate describing it), upon which
real estate said company has erected its
water works, consisting of reservoirs,
pumping stations, boilers, engines, pipes,
machinery, apparatus and other prop
erty necessary for and used in the opera
tion of it's water works; and that all of
the same are fixtures upon said real es-
tate, and that all of said real estate and
fixtures are necessarily used in the OPP
Grafton of and compose part of the
water works of said company. That said
company has also laid down in the
streets, alleys and other public places in
said city, and also across private prop
erty therein system of water mains,
pipes, conduits, service pipes and other
apparatus used for and necessary in sup
plying water by said company, and all
of which also comprises part of the
water works of said company.
13. That defendants, James G.. Kays
and Samuel B. Hunt, as trustees, claim
come interest in or to the real estate
personal property, water works and
franchises herein described, the nature
and extent of which claim is unknown
to plaintiff.
Wherefore plaintiff prays that the
water works Of said company. composed
of real estate, reservoirs, pumping sta
tions, boilers, engines, machinery, wa
ter mains, pipes, conduits, service
pipes, apparatus, together with all other
property of whatsoever kind and descrip-
ton used in connection Herewith, to-
gether with all franchises, grants and
privileges granted to and owned by said
company as heretofore stated, be for
feited to the said city of Los Angeles for
the public use, and for other proper re-
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