The herald., 1893-12-12

and gave them q right to take water
from the river for the purpose OF sup
plying the inhabitantE of the city,
which lease and right was assigned TO
the City Water company, which COM
pany has ever since that time been
operating hereunder. In 1886 the stock
holders OF the City Water company
formed themselves into another corpo-
ration by the name OF the Crystal
Springs Land and Water company,
which company purchased the Crystal
Springs property, leased other adjoining
property and laid down a system OF
bleeding pipes which take out about 700
miners inches of water which are
then conveyed in pipe to
a reservoir in the city. This company
then leased the whole of it's plant to
the City Water company until 1898, the
unexpired term OF its lease with the
city. Not knowing the exact relations
which these companies bore to each
other. and fearing that the Crystal
had been taking this water adversely to
the city for five years and thus claim
title, it was thought best to bring an
action to enjoin this company from tax
ing the water or doing any other act
which might ripen into claim. Not
knowing exactly what might be ehown
as to where the water came from, and
desiring to teet the matter without jeop-
ardizing the title Of the city in case 1t
was defeated, and also desiring to re-
cover damages for the water which had
been taken. thought it best to bring an
injunction suit instead Of suit to quiet
title. Notwithstanding the fact that
this company had always claimed the
water to be its own and not water from
the river, and had included it in its
valuation placed upon it's plant when
offered for sale to the city, on the trial
OF the case the evidence showed 30 con.
clusively that the water was taken from
the river or its underground sources
that the company in order to avoid the
inevitable result in case they met the
issue as to where the water came from
had to disclaim in its answer and by the
testimony of it's secretary that it had
never taken the water, and said that the
same had been taken by the City Water
company, which had right to take the
same. Having thus disclaimed, the
company will never be able to say that
for the years previous to the trial it
had been taking the water adversely
and in hostility to the city, consequent
ly the suit accomplished about all that
was desired as to adverse possession.
While l agree with Judge Van Dyke
that no one can acquire title to the
water of the river by adverse posses
sion, l do not think the city should rest
until this company either formally dis
claims any title to the waters of the
river, and especially as to those running
iE their pipes, or else squarely meets the
issue as to whether it is the water Of the
river or not; and l therefore recon-
mend that suit be brought against this
company to quiet title. The City Water
company, operating under lease, can
acquire no adverse right and no suit is
therefore eceesary against them.
CASTELAR, STREET OPENING.
The city attorney reported an ordi.
nance for the opening of CASTELAR, street
and providing for the appointment of
commissioners. Messrs. Charler R..
johnson, W. @. Hughes and John Nell
moil we're elected as the commissioners,
and the ordinance was adopted.
LYELL STREET APPEAL.
Mr.. Rhodes addressed the council,
charging that Lyell street has not been
graveled right, rolled right or curbsd
right.
Before he began hr. Frick, the con-
tractor, said Mr.. Rhodes had no right of
appeal, as he was not property owner.
This Mr.. Rhodes said was Aialse, and
proceeded with great particularly to
criticise the work of the contractor and
it's acceptance by Street Superintendent
Watson. He said it showed that there
has been something crooked in the
whole business, and he wished council
would investigate the matter.
Mr.. William Niles, representing H. j.
Niles, agreed with Mr.. Rhodes, sud
claimed the work was badly done and
not according to specifications.
MIR. Watson stated that he never ac-
cepted the grade. His deputy measured
it up and accepted it.
On motion of President Teed the
matter was referred to the board of
public works, action being deferred for
one week.
THE FIRST STREET PROTEST.
The special order for the honr, the
protest against the widening of First
street between Main and Los Angeles
streets. was taken up. and various inter
ested parties spoke upon the subject.
Mr.. Bordwell opened the case for the
protestants and produced number oi
powers of attorney and ratifcations oil
the acts of agents who had signed The
protest against the widening.
City Attorney Mcfarland said that he
did not speak as to the moral or equita-
BILE rights OF the protestants, but simply
their legal rights. He was not pre-
pared to pass upon the legality of the
authority of the protestants to sign
without investigating the documents
produced by Mr.. Bordwell.
Several property owners spoke against
the widening of the street, claiming
that it would be too burdensome.
The hearing was finally continued
until next Monday afternoon at
o'clock, when the city attorney will re-
port upon the legal status Of the case.
The matter of opening Figueroa street
was taken up and was discussed at con-
siderable length by persons represent
ing different views upon it.
Finally Mr.. Munson made motion
to push the street through Kip street.
Mr.. Gaffey 90 an amendment mo we'd
to refer to committee.
Mr.. Rhodes as a substitute moved to
instruct the city attorney to present an
ordinance vacating the Imaginary Fig
ueroa street, between Sixth and Pico
street, on Mr.. Lewis presenting deed
through to Seventh street, leaving the