The herald., 1893-10-14
A BIG WATER CASE.
THE SAN DIEGO FLUME COMPANY
COMES OUT ON TOP.
An Exceedingly Complicated Injunction
Suit Settled by The Supreme Court.
The Non Suit Is sus-
talned.

The complicated water war which has
been agitatng San Diego for over two
years past has bsen finally acted upon
by the supreme court.
They have succeeded in getting them
selves most beautifully tangled up over
the question down in bav'nclimate.
The way the trouble got into the su-
preme court was through an injunction
suit brought by the San Diego water
company against the San Diego Flume
company in the San Diego superior
court.
The action was brought to enjoin the
defendant from shutting off or prevent
ing the flow of water into certain mains
or pipes of plaintiff. The superior court
granted non suit and entered judgment
for defendant, and an appeal was taken.
In September, 1890. the flume com.
psny was the owner OF a supply of water
which it brought from a long distance
by bitches, fumes and pipes to the gates
OF the city. but it bad no pipes or other
means within the city by which it could
distribute the water.
The water company owned plant
which it had been using to partially sup
ply the city with water pumped from
sources in the immediate vicinity.
In the latter part of the month the
companies agreed to unite their inter.
ests. A memorandum was made in
writing, but not fully executed. After
that the f1ume company stopped it's ad-
vocacy of the issuance of city bonds.
A written agreement was executed in
November by which the fume company
appointed the water company it's agent
for the exclusive sale OF water in San
Diego.
1t was also agreed that all sales by
the water company should be subject to
the approval of the hume company and
no sales without its consent should be
made. The proceeds were to be divided
between the parties in the proportion of
65-l0O to the water company and $4,000
TO the fiume company.
Ia April, 1881. the water company
leased ite plant for 70 years to Bryant
Howard and several others, including
5000. 900 gallons of water every "a hours
from the San Diego fume. which meant
the respondents water supply. For this
Howard and his associates were to pay
$9l66.6 65 per month. The water COM
pany agreed to accept the obligation of
the city OF San Diego in payment thereof.
1t was further agreed that after the
construction of certain railroad mem
toned in the contract, Howard and the
others should have the right to assign
the lease to the city. and the water COM
psny should look solely to it for the car
rying out of Howard's agreement.
The railroad was one to be built from
San Diego to San QuiDtin, Mexico or
Fort Yuma, but provision was put in
that it did not obligate the water COM
pany to build the road only that it
should be built by some company.
Howard and his associates under the
agreement subleased the water plant
to the city for 20 years, June l, 1891,
the city to pay the water company $l10,-
900 a year rental.
The fiume company never approved
these various contracts, but refused to
do go, and in July of the same year re-
pudiated them. They continued to
furnish water under the original agree
ment. but there were constant difficult
ties and troubles between the parties,
and May 2, 1892, the fume refused to
furnish any more water.
The present suit was to enjoin the
company from shutting off the flow OF
water. The supreme court affirms the
judgment granting new suit and de-
nying a new trial in a long opinion re-
viewing the case at length.