The herald., 1896-03-07
THE HEADWATERS

At Last the Main Case Is Unfoidei to the
Further delays took place yesterday
morning in the city's condemnation suit,
being heard before Judge Shaw, and E. c.
Finckle, engineer of the East Riverside lr-
rigation district, gave further testimony on
the preliminary part of the case. The ex-
perts had their innings for two and half
days, and shortly before noon City Attor-
ney Dunn read the complaint to the jury.
He dwelt upon the city's proprietorship of
all the water in the Los Angeles river; de-
scrbed the plan of the headworks, and the
necessity of water being procured to sat-
isfy the needs of an increasing population,
and upon the probability of all the waters
in the river being required at no distant
day to supply the needs of the city and
suburbs.
The answer of defendants was read by
J. &. North of Riverside, who is generally
regarded as one Of the great legal authori-
ties in the state on all questions pertaining
to water rights. He denied the city had
any rights in the river other than as ri
parian owner of water within its bounda-
ries; he deprecated the condemnation of
the tract of land on the Providencia rancho,
claiming that it would be worth 81 100000
as the surrounding land would be destroyed
by the drainage of the percoating waters.
He maintained the city could not pay the
damages and construct tine works which
would cost over 5 100000.
Andrew X. hudson, we'll borer,
was the first witness put forward. He tes-
titled to having sunk six wells on the lands
in question. He described the different
strata penetrated at various depths. Gravel
and water were encountered at Intervals s OF
20 and so feet in the first we'll sunk, and
then two-foot streak of clay was passed
al fnl
for several feet with no water, and so on
through varying strata, most of it water
bearing, until hard rock was reached at
1913 feet down. This well was on the
south side of the river near the middle cut.
The positions indicated by the witness
were pointed out on a huge map of the
tract spread out for the enlightenment of
the jury.
The next we'll sunk was on the north
side ard water was struck at feet; bar
rem clay was reached at go feet with water
bearing gravel, and dry boulders were en-
countered at 10l feet, after which no
water was obtained. Both the wells were
sunk at about 200 feet from the channel
of the river. The other wells produced
water at the surface, but not at any depth.
City Attorney Dunn thought he had an
easy mark for cross examination, and
smilingly asked witness:
"What were the characteristics of the
water you encountered beside being wet?'
"Fresh," just as smilingly responded
witness.
That was first blood for the defense.
Counsel then proceeded to inspire awe in
witnesses mind by piling up questions built
on the Chicago plan, having many stories
and Mansard roof of techncalites. The
court here interposed in witnesses behalf,
and counsel adopted more lucid mode of
interrogation.
L. Frie, a civil engineer of twenty-four
years. experience, was employed by the
defenda ~ last December. He produced
map he mad made and pointed out upon it
the water-bearing tract; the Los Angeles
river; the little Tejunga stream coming
from the west and running parallel with
the river; the ditch divertng water from
the stream for the use of the city, and the
test holes sunk from 200 to 1900 feet
| apart across the tract of land.
| He stated the elevation at the west of the
| tract was 500 feet above sea level, it being
| 45O at the east and 40 feet at the ex-
| treme north. The plaza in this city is 800
| feet above sea level, and the highest point
| to which water could be carried from the
proposed works by gravit2tion woSld he
400 feet. Three-fourths o. the city lies
below this level.
All the land between Los Angeles and
the sea would be covered save IA strip
twelve miles long and five broad, south of
the Cahuenga range and north of the river.
This is watered by what comes from the
hills at Cahuenga.
At 8 80 City Attorney Dunn moved for
continuance until Tuesday, and it was SO
ordered by the court.