The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-13
FREE WATER NOW.
Effect of the Contest Over
Rates.
CONSUMERS NEED NOT PAY.
1t Looks as if Spring Valley Would
Suffer From Denying the
Mayors Veto Power.

1t may be months before the people OF
this city have to pay for Spring Valley
water again. The question as to whether
the Mayors veto of the ordinance fixing
water rates is valid or not is undecided.
| and until the Supreme Court settles it the
Spring Valley Water Company will have
no figures on which to base charges to con-
sumers. and cannot make out any bills.
1t may be half year yet before the Su-
preme Court renders dts decision, and in
the meantime the corporation presided
over by Charles Webb Howard will be
without its customary revenue.
The company is in an embarrassing po-
sition, as it cannot shut off the water sup
ply for refusal to pay while the question
at issue is undecided. On the one hand it
is obliged to furnish water to keep its bust
ness going and on the other it is prohib-
| TIED by the State constitution from collect
ing money therefor until the amounts
which 1t may charge are legally estab-
lished. 1t would not dare to insist on the
payment of bill for water supplied now
until the matter at issue is judicialiy de-
| termined, as under the constitution it
would be liable to forfeit its charter for so
doing.
i
torneys for the Mayor in the litigation
over water rates, said yesterday that there
is no telling when the Supreme Court will
decide the controversy over the water or
0inaDce.
The matter was submitted last month,
but he thought it had not yet been taken
up for final consideration by the Justices.
The Supreme Court is eight months behind
in the cases before it. and unless this mat
ter be taken up out of its order the de-
clslon cannot be soon expected. The delay
need canse worry to no one except the
Spring Valley Company. however. Rate
payers can keep their money and Spring
Valley will have no recourse.
Mr.. Pierson said. quoting from article
XIV of the State constitution, that 1.-THE
rates Of compensation to be collected for
the use of water shall be fixed annually
and shall continue in force for one year
and no longer. Such ordinances or reSolu-
tions shall be passed in the month Of Feb
ruary of each year and take effec. o q the
first day OF July thereafter.
The ordinance which was passed last
year ceased to be in force at tie end of last
month. and so the company cannot use the
rates fixed in that ordinance to make
charges to consumers Ii the Supreme
Court should hold that the Mayor had no
power to veto the ordinance passed this
year. that ordinance will at &c be in force
duu Will Apply W tulS IuOUlH anu lue
months following. Ii the decision should
be that the veto was valid, the Supervisors
will have to pass another ordinance"
HAS the constitutional time for the
fixing of rates not gone by?" was asked.
The constitution says that the order
shall be adopted in February" Mr.. Pier
son replied. but it was quite we'll settled
year before last that the rates for a year
could be fixed later In that year the
water company contended that the rates
we're too low, and took the case into court.
A new ordinance had to be passed Some
of the consumers had voluntarily paid the
rates fixed in the ordinance while the Ques-
ton was pending. Many consumers did
not pay. When the new rates went IN to
people who bad not paid. The company
cannot stop the water for failure to pay
now, and as people lose nothing by not
paying they will doubtless keep their
money until the contest shall be ended"
Although payment was voluntarily made
in some instances when the previous con-
troversy kept the company powerless to
enforce collections, it is not likely that the
company will get revenue in that way
from willing customers this year. The
circumstances of the case ere different.
At that time Spring Valley was fighting
the ordina nee, alleging that the allowance
made it was insufficient. There was no
established that year. while there was a
chance that Spring Valley might win its
suit and that higher rates would have to
be made by the Supervisors under the
command of the court. No matter which
way the decision went consumers would
be obliged to pay as much as the rates in
that ordinance provided, and as there was
some likelihood that they would have to
pay more, since Spring Valley might win
its case. certain patrons of the works
oDligingly paid their monthly dues on the
basis of the figures in the ordinance.
This year there Is a chance for getting
lower rates than those fixed in the ord-
nance, and with this prospect people are
not disposed to pay those rates, seeing that
they will not in any event have to pay
more. If lower rates should be estab-
ished the consumers who voluntarily
pay those fixed in the ordinance
now in question would be out of
pocket as many dollars as the difference
| between the rates might amount to. If
the Supreme Court holds that Mayor
Ellert's veto was valid the Supervisors
must adopt lower rates, as any ordinance
| which does not favor the public more Will
not be approved by him.
1t looks as if Spring Valley will not find
the contest this year profitable. House
| holders can get water free for as many
months as the question remains un.
decided and then if they propose to move
or to leave town. or if they do not care
! then whether the water is shut off or not
| they can snap their fingers at the Spring
| Valley collector and not pay cent. The
! company will probably lose the amount O!
many bills.