The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-11-27

rohICcrs ioCuofot rPiihkss "hSo' - $3.50
flow and oubterrsuesn waters OF the
Los Angeles river, or are tributary
thereto, and that as to all of ouch wat
era the city OF Los Angeles 10 the sole
owner."
1t will at once be seen that this gar
bled statement changes the whole char.
acter, force and effect OF the stipulation
"a made, and would, instead OF protects
ing the cty's rights in the aourcss Of the
river. seem to except it's sources from
the city's ownership. Upon this false
and garbled statement Mr.. Hazard then
proceeds to make his argument. The
principal reason why | was anxious to
avoid at the present time the task OF
proving tina, the water in this land, II
any, was q part of the sources of the LIS
Angeles river was that there is so little
at present upon which to found such
proof. There lie really nothing to 20
upon except hypothe is and conjecture.
No water 10 running from the land, and
but few indications upon which even ex.
perts could form an opinion. Had
gone on and tried the case and failed to
eatisfy the court that the water formed
a part o! the sources OF the river the
judgment of the court would have been
that the city had no right to the water
In the land, which judgment would have
forever debsrred the city, even il sub.
sequent developments would show that
waters of the river had been leBsened.
What desired was to protect the city's
interests 80 that II in She future it should
be shown that the flow OF the river was
being diminished the city would be free
TO enjoin such development; conse-
quently I prepared the stipulation
which, in my opinion, as well as in the
opinion OF many prominent lawyers,
judges and business men, fully protects
the city's interests at all points, By
this stipulation Mr.. Spilman 10 not given
the right to take one drop OF water from
the river or any of it's sources, 10 not au.
thorizsd to tunnel under the river or to
divert or carry any water from the river
to the Cahuenga valley or any where
else. He cannot even take q drop OF
water from hiu own land In case 1t 10
shown that it would lessen the flow of
the river. The city can eni Din Mt.
Spilman the moment he sticks the first
spade in his own land for the purpose Of
developing water, or when be COM
mences to tunnel or develop under the
river. And. in my opinion. Mr.. Spill
man is in an infinitely worse condition
now than II he had neve. brought suit.
The concluding part OF Mr.. Hazards
statement whore be states that the
completion OF the works OF Mr.. Spill
man would enable him to absorb the
water from the land which the city is
now contemplating obtaining for head
works is 90 false and misleading. if not
moro 90, than the CARRIED stipulation
that ne published. While the land
owned by Spilman and concerned in
this suit is situated on the San Rafael
ranch on the east side OF the river and
nearly opposite the station at Tropico,
the land which the city is now propos.
ing to purchase for hsadworks lies upon
the west side OF the river upon the
west side of the river upon the Provi-
dencia ranch. at least three miles above
the Spilman laud and at an elevation OF
probably 20 feet above it. Any man OF
common sense knows that devslop.
msnts upon the Spilman land could not
possibly absorb the water 10 the head
works land. Upon the contrary, the
city by acquiring this land can take out
all of the water which might otherwise
flow down to Mr.. Spilman. This false
statement in regard to the ef>
foot OF this stipulation upon the
land proposed to be purchased by the
city for head.works must have been de-
liberstely made for the purpose OF de-
ceiving the people into voting against
the bonds to be issued for hsad-works.
No other construction can be placed
upon It. The favorite scheme Of the
City Water company in ordcr to prevent
the city from owning its own wafer
works has been to prevent the city from
acquiring land for hesd.works, knowing
that without such head works the city
would be unable to properly maintain
it's own system OF water works. But the
people Of this city are 90 much in earn
est in the proposition that the city shall
own its own water works that they will
not allow anything to stand in the way
of its consum nation; and believe that
any public official or person who seeks
Office who, in any way, stands in the
way OF or interieres with the consum-
nation OF this projsct will meet with
universal condemnation.
have taken all this time and trouble
to fully explain this matter. not so much
for the reason that it WAS a personal
matter ref .cting upon the council and
myself. but for the reason that it was {
matter in which the public is 60 muct
interested. And desired to show L
the people that their rights have beer
fully protected at all points. l recoguizt
the fact that all OF our official acts ar,
the property of the public and that they
have the right to freely comment upor
and discuss them, but deny the RICH
| OF any individual to by false and garb
led statements OF facts deceive the pub
lie into believing that their rights hAv,
been given away, and at the same tim
! cast undeserved suspicion and ceneur
upon public officials; and l believe thu
| sny person VINO resorts to such met hod
will meet with the contempt OF ever
| fair minded man.
The document was received and filed
ENGINEER's ORDINANCES.
The city engineer reported an ordi
nance of intention to establish the grad
OF Cambria street from Vermont t.
Union avenue: final ordinance changing
and establishing che grade OF Pearl from
First to Second street; final ordinance
changing aud establishing the grade o
Georgia Bell street from Pico 4
Eleventh street; ordinance OF intention
to grade. gravel, gutter sidewalk AM
| curb Carondelet street from Seventh t.
| Eighth streets, under this Vrooman oct
! the cost estim Ated at 81 per front loot
ordinance Of intention to construct
cement sidewalk on North aide Q
Seventh street between Wall and Mai
streeta; ordinance OF intention for
cement sidewalk on West side of Pasa
dena avenue between Wells and Hamil
! ton Streets