The herald., 1896-10-21
Action Against the Crystal
Springs Water Company
FOR THE clTY's RIGHTS
City Attorney Dunn to Comm snce the
Action
TIE Tangled Threads Of Litigation to
Be Strengthened Out in Due Time.
Fight Against Water Company.

Today City Attorney Will E. Dunn.
will commence an action in the state
courts on behalf of the city against the
Crystal Springs Land and Water COM
pany, which is one of the off-shoot cor
porations of the Los Angeles City Water
company. This action will be to deter
mine the rights of the city in the matter
and to settle all questions arising as to
title, water rights, etc. In this action
the city will be plaintiff and the water
company will be the defendant. A SIM
liar action is pending in the United
Gtates district court in which the Crystal
Springs Land and Water company is
plaintiff and the city defendant.
The action was brought in the federal
court by the corporation. The city,
through Mr.. Dunn as attorney, demur-
red to the jurisdiction Of the federal
court. Judge Wellborn has overruled
the demurrer.
Now the city attorney Mr.. Dunn, has
on behalf of the city, filed an answer in
the suit, which denies the material allie
cations set up in the plaintiffs petition
in so far as they affect those issues which
would give jurisdiction in the case to the
federal court.
Should Judge Wellborn rule against
the city in this matter then the city at
torney, on behalf of the city, will be able
to appeal the matter to the United States
supreme court and there the question
could be determined finally. Mr.. Dunn
holds that the proper judicial tribunal
to adjudicate the rights Of the city and
the Water company in the matter is the
state court.
This being the case, he on Monday last,
secured the authority of the city council
to commence the action he will today in
stitute suit before the superior court. In
this action the city will have the advan-
tage of being plaintiff. In talking about
the matter yesterday Mr.. Dunn said:
This litigation will be of great i'm
portance to the city, 1t is a matter
Messrs. Lee, Scott and myself have had
under consideration for sometime. The
resolution which presented to the coun-
Gil and which that body adopted, was very
carefully drawn up to cover the points
desired.
This suit we have had in contempla-
ton for sometime, but we were waiting
for the proper time to arrive to file it.
That time arrived and we promptly put
In the resolution. 1t was no ante-elec-
tion play to the galleries. 1t was dis
tinctively business proposition made
at the right time for the right purpose.
Il am perfectly willing to have the peo-
| pie of Los Angeles Judge me by the rec
ord have made as city attorney. have
| endeavored to perform my duty and to
protect the rights of the municipality
| against usurpation or invasion by tho
| City Water company or any other cor
poration. I challenge anyone to show
where I have neglected to do my full
duty"
The filing of this action in the state
courts by City Attorney Dunn is the COM
mencement of a long battle with the
Water company. The corporation will
contest every step that the city takes
| toward municipal ownership. 1t will
| only be brought about after the most
| difficult struggle in the history of the
| city
The progress of the litigation will be
| watched with interest by the people of
the entire city. The corporation will
leave no stone unturned to defeat mu-
| nicipal ownership. The Crystal Springs
company has leased the water 1t claims
to control to the City Water company for
| 40 per cent of the gross receipts that the
| latter corporation derives from the sale
| and delivery Of said water to it's Gus
| toners.
Therefore, Mr.. Dunn has asked that in
| the event the city is found to be the own
| er of the water the Water company pay
| to 1t the same amount that it has been
| paying to the Crystal Springs Land and
| Water company.
| This amount the Water company has
| paid to another corporation, claiming
| to be the owners of the water. Therefore
| if the courts hold that the city owns the
| water there Is every reason why the
Water company should not pay to it the
same sum that it has paid to the subsi-
dairy corporation-the Crystal Springs
Land and Water company.