The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-02-06

The appeal of Mr.. James Patterson
against the acceptance of work on East
Thirtieth street, between Los Angeles
and Wall streets, was taken up. No
one appeared for the appellant and the
appeal was dismissed.
The appeal against the acceptance of
work on Providence street, between
Orange and Sixth street, was taken up.
None OF the appellants were present or
contractors and the hearing was con-
tinued until next Monday at o. CLOCK.
MOTIONS.
On motion of Mr.. Munson the street
superintendent was directed to repair a
hole in the street at the corner OF Broad
way and First streets.
Mr.. Nickel moved that the labor COM
mission be authorized to purchase ma
terial for a protection along the Arroyo
Seco from the Pasadena avenue bridge,
not to exceed $3.50. Referred to the
supply committee.
On motion of Mr.. Pessell the street
superintendent was directed to inform
the people putting in two.inch water
mains on the Briswalter tract that pipes
of such size carry ne fire protection with
them.
On motion of Mr.. Rhodes the city
engineer Was directed to bring in an
ordinance establishing the grade of Park
View avenue from Seventh street south
to the city line.
MIR. Munson moved that when the
council adjourn it adjourn to Thursday
morning at 10 o'clock. Carried.
Mr.. Campbell moved that $113 be
transferred from the new water fund to
the bridge fund. Carried.
CITY ATTORNEYS REPORT.
The city attorney presented the fol-
lowing:
1.-THE Crystal Springs Land and Water
company have brought an action ia the
United States circuit court against the
city, in which it is claimed that said
water company is the owner of certain
water rights and about 1000 r1iner's
inches of water which it is now taking
through its pipes for purposes of dis
tribution and sale, and stating that the
city of Los Angeles claims some interest
in the same, and asking that the city's
claim be declared to be without right.
The first thing to be determined in
this action is the right of the water
company to bring the same in the
United States courts, and should it be
held that it has such right it will be
necessary to set up the claims Of the
city, and the judgment in this action
will be decisive of the ownership of this
water. The money value of the interest
at stake in this suit, | believe, amounts to
over million OF dollars, and the deter
mination of the ownership of this water
will have vital effect upon the sur
rendering or sale Of the works of this
company under the provisions of the
contract of the City Water company
with the city. In view of the Importance
of this case and also the fact that my
term of Office will expire before the case
can probably be tried, think it highly
important that you should employ as
sistant counsel in this case, and that
such counsel should be the best
that can be obtained for the particular
purposes of this case. | know of no one
better fitted to Investigate the right OF
the city to the waters OF the river, nor
who is better posted upon water rights
in general that the Hon. E. w. McKin-
stry, ex justice OF the supreme court,
whose opinion in the celebrated case of
Lux VS.. Haggin is the water rights law
of this state. l have had some cor
respondence with Judge McKinstrv in
regard to the matter and be informs me
that he can act as such assisting counsel,
and therefore esk that he be employed.
Tie action being now pending, prompt
decision is very essential in this matter"
Mr.. Nickel moved the city attorney
be empowered to enter into contract
with any attorney or firm OF attorneys
of Los Angeles city.
Mr.. Innes moved as an amendment
that the city attorney be empo wered to
employ assistant counsel.
Mr.. Nickel said he would never vote
to go away from Los Angeles for legal
talent.
Mr.. Munson said this will be probably
the most important suit the city has
ever had. He was in favor of getting
the best OF legal talent, but it could be
obtained at home.
Mr.. Innes said he favored getting the
best talent in the whole country. The
water company had started in to cinch
he city. and he wanted to get some one
who would defeat it.
After some further discussion the
matter was referred to the tioance COM
mittee.
MISCELLANEOUS.
An ordinance granting w. III. Work
man and others franchise for an cleo
tric road on Boyle Heights was present.
ed by the city attorney and was adopt