The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-02-12
Former Rates Only Can Be
Charged Class ga"
JUDGE ROSS SO DECIDES
Redlands and Mound City People Greatly
Benefited
Brief Review Of the Causes Which Led to the
Litigation Just Ended in
Court

Judge Ross, in the United States Cir
cult Court, yesterday handed down de-
cision in the action brought by James
Gilbert Foster against the Bear Valley
Irrigation Company. 1t is in favor of the
stockholders of Class A. certificates. The
receivers of the company attempted to
exact annually SO per certificate of that
class for the delivery of water, instead of
the old rate of 81 per share, and this de-
mand the court directs them to recall
There are 200 certificates of class A, held
mostly by people at Redlands, Mound
City and in that neighborhood.
These certificates were guaranteed by
the Bear Valley Land and Water COM
pany, the predecessor of the present de-
PENDANT, to enttle the holder to a con-
tinuous flow Of one seventh of an inch of
water for each acre of land designated on
the certificate, during the six summer
months of the year.
Mr. Foster, q creditor OF the insolvent
Bear Valley Irrigation Company, com
menced the suit to procure the appoint
the payment of its debts among other
things, so far as possible. Receivers were
appointed in April, 1894, and they pro-
posed to enforce the resolution of the
board OF directors of the company passed
in March, 1893, to add 81 per year to the
regular charge OF 81 per certificate of the
A class
The sufferers by this resolution. among
which were Redlands, Laguna and Graf
ton Domestic Water Company, East Red
lands Water Company. Redlands Water
Company and the Mound City Land and
Water Company holders of 1929 of the
Glass A certificates, petitioned the United
tn hp Il nd
for the extra charge Cancelled. They
showed that ever since February, 1887,
they had received their shares of water al
various points along the Redlands Canal
to rigate about 300 acres, devoted prin-
cipally to citrus and deciduous fruit trees
and vineyards, and supply nearly 1000
people Tor domestic purposes.
The petitioners and their predecessors
in interest expended much money for i'm
provements. 1t was the opinion of the
Court that good faith and fair dealing re-
quire that those who have made such
large expenditures and have been so long
in the open and undisturbed enjoyment
of certain privileges, should be protected
against any additional burden sought to
be imposed by those who had actively
ratified and continued those privileges.
The history of the Bear Valley Irrigation
Company's litigation is interesting, and
although not absolutely unknown, will
Ross decision. The company succeeded
the Bear Valley Land and Water Com
pany which was incorporated under the
laws OF the state with capital stock of
$3.50 300. divided into 5000 shares of the
par value of 500 each, for the purpose of
acquiring the ownership of water rights
and privileges, in the county of
San Bernardino, and to sell or lease them
for domestic, irrigating, manufacturing
and other uses. The Bear Valley Land
and Water Company in 1894 incorporated
for similar purposes, constructed a large
and costly dam in one of the tributaries
the Santa Ana River, impounding the
waters of that stream for domestic pur-
poses and irrigation.
At that time the summer flow of the
Santa Ana River at the mouth of the
Santa Ana Canyon, known as the divide,
was diverted by two bitches, one called
the North Fork ditch and the other the
and Water Company in 1885 entered into
certain contracts giving it the right of
way for its water.
On the 18th of February, 1887, the Bear
Valley Land and Water Company acquired
from the Redlands Water Company the
Redlands canal, extending from the
Sycamore tree, point three miles from
the Divide, to the Redlands reservoir,
upon the condition that the Redlands
Water Company should have the per-
petual right of way through it, and any
other canal or aqueduct constructed to
replace it, for 10s inches of water
measured under four-nch pressure,
known as the Santa Ana Tunnels and
Morton Canyon water, also for the water
represented by fifty shares OF the
Sunnyside division of the South
Fork ditch; and thirdly, for water
not to exceed 200 inches, measured
under four-incb PRESSURE of waste water
from Mill Creek whenever there was any.
The Redlands Water Company was to bear
its share of the expense of maintaining
the canal, in proportion to the amount OF
water used by it, and had the right,
through its zanjero, to divert the water of
the canal on any point of use to the full
amount it was entitled to. The Bear
Valley Land and Water Company, after
the Redlands canal, extended it
by means OF a pipe line from point near
the Redlands reservoir westward to Cajon
street, in Redlands.
1t was in June, 1856, that the Bear Val.
ley Dam and Water Company issued to
its stockholders 700 Glass A water GER
at the rate of two certificates per
share Of stock, the recipients binding
themselves to pay one dollar per year per
certificate to the corporation. 1t was the
increase of the rate to three dollars per
certif icate which caused the holder to APP
ply to the CircuitCourt for relief.
CITY OFEFNDEpS SENTENCED