The herald., 1896-08-18

|
| makes its protection more necessary,
and, for the same reason more difficult.
| Had such q declaration been made and
| maintined during the earlier years
| of the city's existence, much expensive
litigation might have been avoided. We
are entering upon critical period In
the history of the city's water supply,
and the passage of this resolution can
| do no harm and may be of inestima-
BILE benefit. Permit me to say in closing
| that l have presented this resolution
| with the express appreciation of Messrs.
Lee and Scott. the city's special coun-
sci. 1 advise its adoption and publica-
| tion.
The committee on water supply also
submitted a report stating that they
| had been in conference with the city
| attorney on the subject, and recommend
ed that such a resolution as he outlined
be adopted. The recommendations were
adopted by unanimous vote, and the
| resolution passed.
The following is the full text of the
resolution. as adopted:
| Whereas Under the law, as construed
by repeated decisions of the courts of
this state the city of Los Angeles is the
| owner of all of the water of the Los An
| geles river north of the southern bound
airy of the public lands of said city;
| And. whereas, such waters comprise
not only those flowing on the surface of
| all subterranean waters which flow in
the general channel or go to make up
| the surface stream:
And, whereas. 1t has come to the knowl-
edge of this council that one ]. A. Pirtle
and his associates have by excavations
made In the channel of one or more of the
affiuents of said river. and under the
claim of developing percolating waters
in their own lands. brought to the sur
face certain water, which had heretofore
found its way into said river. and which.
If permitted to run in its natural course.
would have continued to enter said
stream at points below and near said
excavations:
And. whereas. it is also rumored that
said ]. A. Pirtle and his associates in
tend to divert said water so brought
to the surface by said excavations, and
to carry it to lands neither riparian to
said river in its affiuents, nor lying in
| the water shed thereof, and are about to
or already have let a contract for the
construction of a pipe line through which
to convey said water:
And whereas such diversion would de-
| prive the city of Los Angeles of Il large
| part of the water of said river, which
| Will all be needed for the purposes for
which said city holds the waters of said
river in trust;
Now. therefore, be it resolved by the
council of the city of Los Angeles, that
|
bid the diversion of any water of said
| river and its branches north of the
| southern boundary of said public lands.
| whether surface or subterranean unless
| such diversion be made by the authority
Of said city, and that it will always
maintain the rights of said city thereto
against all persons and corporations in
! terrneddling with the same and that
said city does also particularly warn the
said j. A. Pirtle and his associates. and
all other persons acting under them,
against attempting to prevent said
, water, so brought to the surface as afore-
said. from flowing into said river.
And be ii further resolved. that a copy
| OF this resolution, certified to by the
clerk, be published by one insertion in
| all OF the daily newspapers of this city
THE WORKMAN FRANCHISE
| The report of the board of public
works. as published in The Herald Sat
| urday. was presented The recommend
alton in the matter of the Boyle Heights
Workman franchise was read as fol-
| lows:
In the matter of the street railway
franchise asked for by W. H. Workman.
| recommend that the city attorney be
| instructed to present draft of fran
chlse to be advertised for sale on Fourth
street. from Boyle Heights west across
the river. on the route asked for to Third
street, on the line of the Traction road
which will give the people from Boyle
Heights another direct line by way of
Fourth and Third streets into the CEN
trail portion Of the city and that the
city attorney be instructed to COM
nence suit through the attorney-g gen
eral under the authority given by the
civil code to test the validity of the
! franchise on Wolfskill avenue"
Councilman Munson moved the adop-
ton of the recommendation. when
Councilman Blanchard moved to amend
by striking out all that portion of the
| recommendation after the words route
asked for" which would make the rec
! ommendation read as follows:
In the matter of the street railway
franchise asked for by w. Fl. Workman
recommend that the city attorney be
instructed to present draft of fran
chise to be advertised for sale on Fourth
street. from Boyle Heights west across
the river. on the route asked for"
Councilman Blanchard explained that
the people only wanted the franchise
advertised, so that they could get a
chance to hid on it. They did not want
the whole matter hung up" Indefinite
ly by having proceedings nlstituted
through the medium of the attorney
generals office.
Councilman Munson explained that
the board of public works only wanted
the matter settled and as both sides ap-
peared to be equally anxious to get into
mendation made was the best that coull
be devised for getting il Strengthened
out, without expense to the petitioners.
AT this point Councilman Kingery
called attention to the fact that ii num-
ber of the ccuncilmen We're absent, pre-
sumably al the DemoCra tic convention,
ana as this was an important matter
he thought there should be full vote on
il. He therefore moved that when the
council adjourned it be to Tuesday morn
ing at 10 o'clock. The point of order was
raised that n question was pending be-
fore the house. when Mr.. Kingery re-
piled that he would then make a motion
that was always in order. He therefore
moved that the council adjourn to Tues
day morning al 10 o'clock which motion
prevailed and the council stood adjourn
ed tn that time
MISCELLANEOUS BUSINESS
During the session the following mis-
cellareOus business was transacted:
The building committee reported rec
ommending tha the custodian Of the city
hall be allowed To have certain repairs
made on the elevator. at an expense not
to exceed $50. The recommendation was
adopted.
The report Of the finance committee
making the following recommendations
was adopted: That the petition Of
Shields & paffin et al asking for a re-
! duction Of license on billiard tables be
fled that the city treasurer employ J.
A Haskell to care for the time lock on