The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-18
WILL BROOK NO DELAY.
The Mountain Stream Water
Company Denied Extern
sion of Time.
ITS CONTRACT DECLARED NULL
Irrigators Confident of Victory fr
the United States Supreme
Court.

SAN DIEGO, CAL, Aug. 1.-THE Linda
Vista irrigation district, the largest in the
State, made contract with the Mountain
Stream Water Company on April 1S to de-
velop 1000 inches of water, to be paid in
$685., 900 of bonds of the district. The COM
pany was to begin work within four
months of the date of the contract, or on
August Is.
John D. Works, ex-Judge of the Supreme
Court and president of the Mountain
Stream Company, to-day wrote to the
directors of the district asking for an ex-
tension of time. He gave the following
reasons:
ain view of the fact that Judge Ross OF
the United States Circuit Court has re-
Gently decided the Wright irrigation law
to be unconstitutional, and in view of the
further fact that the decision from the Su-
preme Court of the United States, covering
the same subject-matter, is soon expected,
it seems best for all parties concerned
in the contract recently executed between
your district and the Mountain Stream
Water Company, looking to the placing
upon property IN the district of a supply
of water by the Mountain Stream Water
Company within certain specified time,
that further time should be allowed the
company in which to commence the work
under that agreement. If the Judge Ross
decision should be upheld by the Supreme
Court of the United States, and there is,
of course, at least a possibility of such q
thing, then any action which the Noun
tain Stream Company might take under
~ - - %ha
preme Court would be loss to itself and
would not benefit your district"
The directors of the district held meet
ing and unanimously adopted a resolution
refusing. an extension of time. The con-
tract is therefore null and void. Judge
George Fuller, president of the board OF
directors of the Linda Vista district, gives
the reasons for the refusal in letter to
Judge Works.
1.-THE situation is not changed" writes
Judge Fuller, 'by the decision of Judge
Ross in the Fallbrook case. The validity
of the Wright act was questioned from its
incipiency, and the question was on an
appeal IN the Supreme Court of the United
States in April last, and had been so for
some time previous. The district OF
course would not then have made con-
tract which should not take effect until the
Wright act should be upheld by the United
States Supreme Court, and it will not do it
now.
"When the Supreme Court shall render
its decision unfolding the Wright act the
district will have no need to enter into any
such contract as that of April Is. The sole
consideration of entering into that con-
tract was that under it, if carried out,
water would be brought to the district
without delay and work would be COM
menced and actively prosecuted without
waiting for the announcement of the de-
cision of the Supreme Court"
The Linda Vista district is authorized to
issue 81 900, 900 in bonds under the Wright
act. The directors are acting as if no de.
cision had been rendered, and the opinion
is gaining ground that the Supreme Court
will not sustain Judge Ross.