The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-11-27
for which purchase h. city is about to

LOT Wnlcn purchase 'n3 clIy 10 dOOut 10
issue bonds.
This article is 80 unfair, untrushful
and unwarranted, and co ming "a it does
from gentleman who has been twico
mayor OF the city, and who is now a Gao.
didate for election to the same Office, ]
do not think we shouli allow it to b,
unanswered. II Mr.. Hazard IL RICH!
the city council and myself sre either q
lot Of idiots who should be cent to an
asylum, or elee a lot OF knaves who
should be cent to the penitsntiary. l
think that any fair minded man who
reads the stipulation will see that the
city's interesta have been fully protect
ed and that the cutlery Of Mr.. Hazard is
merely one Of his usual methods oil
making political capital for himself. But
for fear the casuNl reader may be misled
by his statements. l will again explain
the matter. In the first place the stip
ulation was not given in full by Mr..
Hazard, but was gsrbled, words and
sentences being left out which wholly
changed its text and meaning; which
not only deceived the public into think
ing their rights to the river had been
given away, but also to cast an implica-
ton Of incompatency and dishonesty
upon the city officials. As soon as the
Times attention was called to the fact
that a garbled statement of the stipula-
ton had been furnished to it, it at once
published the stipulation in the form in
which it really existed, but Mr.. Hazard
allowed the matter to 90 without currec-
ton for a week. and only referred to i!
in this mornings Times after the matter
had been discussed for q week in the
newspapers. In this last article hs
makes the statement that the Spilmau
land lin controversy extends directly
across the Los Angeles river, from the
hills ON one side to the bills on the other
side, intercepting every drop of water
that comes from the San Fernando val
ley, which statement 10 alao untrue. az
the Spilman land lie only So acres, lies
on the east side OF the river and at nc
point is it nearer to the river than 90C
feet.
The facts are these: Last summer Mr..
Spilman brought suit against the city ia
quiet title to the waters lying undevel.
oped in SO acres OF land which are situ-
ate about 900 feet east of the Los An
geles river and two miles north Of the
city limits. Spilman claimed that q
Mr.. Richardson owned the land bul
that he (Spilmar) owned all the water
lying in the same; alleged that the city
claimed eome interest in the waters il
the land but that such claim was with
out right, and asked that his title at
against the city should be quoted. Nc
other land or waters except that con
tanned in the 50 acres was involved OF
affected by the suit. The city never
had nj - Nhso 10 nI - To-
and the only claim it could possibly
have to the waters lying in the same
would DO to prove that such water
formed Q part Of the sources, feeders
and underground flow of the river. /
therefore fled an answer to that effect.
The case was set for trial November 18th,
and at once began preparations for
trial. found upon examination of the
land that It was dry sandy mesa lying
on bank 20 feet high above the river
bed and at least 900 feet from the same.
There were no external indications that
there was any water in the land and
very little to chow il there was where
the water came from and whore 1t went
to. 1t was easy enough to claim that
such water wss part OF the sources oil
the river, but at once saw the diff
Guilty OF proving that fact, which ]
would, Of course, be required to do by q
preponderancs of evidence, ~ prssu m D.
lively the water ia the land belongs Ia
the owner OF the land. The city council
authorized me to employ three promi'
nent engineers, who examined the
premises in connection with the city
engineer, and we were making prepara
tions for extensive surveys as we'll as
boring OF test wells, which preparations
were unfinished when the day of tria
came. 1 made en- application for con-
tinusncs upon that ground. which wal
vigorously contested By Mr.. Spilman
then offered to make the stipulation
entered into, which was agreed to BY
Mr. Spilmsn, after much controversy
not the stipulation as published by Mr.
Hazard, but in the following form:
First--Thst William @. Richardson i
the owner Of the land described in th.
complaint.
Second-That W. T. Spilmsn 10 th,
owner OF the undeveloped water lying il
said land and has the right to develor
and use the same subject to the qualif-
cations hereinafter mentioned.
Third-That the city OF Los Angelo
70 tn0 EOl0 OWACt VI Vii VIC W1b0I5 vi III
Los Angeles river situate in the count,
OF Los Angeles. state OF California, ant
also of all waters forming part Of it
sources. underground flow. feeders
springs and all subterranoan water
flowing into the same and tributar,
thereto.
Fourth-That the city OF Los Angelo
has no interest in the real estate de
scribed in the complaint or in the under
ground, uudeveloped water lying there
in. except as constituting a part OF tn
sources. feeders. springs. undergroun,
flow and subterranean waters of the Lo
Angeles river. and are tributary there
to; and that az to all Of such waters tn
city OF Los Angeles is the sole owne
thereof.
Fiith-That the right OF said Spilmar
to develop and use the underground un
developed waters upon said land shall
be limited TO the right to develop an
use only so much OF said waters as u
not constitute part OF the source
feeders, springs, underground flow an,
subterranean waters OF the Los Angelo
river, and as are not tributary thereto
This is the stipulation as entsre,
into, while the stipulation az pu blishe,
by Mr.. Heard Is as follows:
Tbs 6rst two paragraphs and the fiitl
paragraph were quoted correctly, bu
the third and fourth have been gar
bled and jumbled together in one para
graph as followa:
"Second-But that the city Of Lo
Angeles is the sole owner OF all tn
waters of the Los Angeles river an,
also OF ell water forming part OF it
sources, underground, undevelopc
waterA lying therein. except to ouch Q