The herald., 1896-09-15
conveyance of such water to the places

conveyance Of such water to the places
of use"
BY the terms of this act Of the legisla-
ture, the boards of supervisors or the
several counties are given power, and II
is made their duty, In the manner pre-
scribed In the act, to fix the maximum
rates at which any person, company, or
corporation may sell, rent, or distribute
water appropriated for the purpose. The
circumstances and conditions under
which such board is authorized and re-
quired to do that thing are prescribed
by sections 3, 4, S and of the act. Tne
action of the board can only be invoked
In the first instance by a petition IN
writing of not less than twenty-five OF
the inhabitants, who are taxpayers or
the county. 1t may be that the number
thus fixed by the statute Is too large;
that In some cases 1t may be difficult
in others impossible, to obtain twenty
five inhabitants who are taxpayers OF
the county, to join in the petition ask
ing the board to establish maximum
rates. If so, 1t is a matter for the con-
sideration of the legislature, with which
the constitution has left it. By the
statute as enacted, when such petition,
so signed, has been presented, the board,
upon giving the notice required, is en-
powered to establish different rates for
water furnished for the different uses.
such as mining, irrigation, mechanical.
manufacturing, and domestic, but being
required to make them equal and uni
form as to each class, and being further
required to $50 adjust them that the
net annual receipts and profits thereof
to the said persons, associations, and
corporations so furnishing such water
to such Inhabitants shall not be less than
6 nor more than 18 per cent upon the
said value of the canals, bitches, fumes,
chutes, and all other property actually
used and useful to the appropriation and
furnishing of such water, but in esti-
mating such net receipts and profits,
the costs o fany extensions, enlargement,
or other permanent Improvements of
such water rights or waterworks shall
not be included as part of the said ex-
penses of management, repair, and
operating of such works, but when ac-
complished may and shall be included
in the present cost and cash value of
such work."
Not until after the rates have been
once established upon the petition of
twenty-five of the inhabitants who are
taxpayers of the county is the person,
company, or corporation furnishing the
water authorized to make any applica-
tion-to the board; then; and then only,
such person, company, or corporation
may apply to have the rates established
anew or abrogated in whole or in part
In view of the statements in the plead
ings of the parties themselves, 1t is too
plain for discussion that the water In
question is charged with public use de-
clared by the constitution and laws OF
California. Under such circumstances.
the case of McFa6den VS.. Board of Su-
pervisors of Los Angeles county, "A Cal.
81, relied upon by the defendants, has no
application whatever Nor is the case
one, in my opinion, for the operation OF
any doctrine of estoppel.
AS the water in question, from the
moment the appropriation became eff
fective, became charged with public
use, it was not in the power of either
the corporation making the appropria-
tion, or of the consumers to make any
contract or representation that would
.at all take away or abridge the power
of the state to fix and regulate the rates.
All persons are presumed to know the
law, and those who bought lands from
the complainant corporation upon it,;
representations that water for irrigation
would be furnished at the annual rate
of $3.50 an acre, or otherwise acted OF
contracted with reference to such rates
must be held to have known that the
constitution conferred upon the legisla-
ture the power and made 1t it's duty to
prescribe the manner in which such
rates should be established. This the
u
IL, 1885. AS by that act the Legislature
deemed it proper to allow the action of
the board of supervisors to be invoked
in the first instance only by twenty-five
inhabitants, who are taxpayers of the
county, and until then to leave the des-
ignation of rates to the person, company
or corporation furnishing the water, TO
hold valid and binding any contract
between parties with reference
thereto would be- in effect, to ignors
and set aside the provisions of the stat
ute upon the subject; for 1t is plain thai
contract must bind all the parties to
1t or bind none, and, If binding at all,
it's manifest effect would be to remove
from the regulation of the state the
rates in question and leave them to be
governed and controlled by private con-
tract. or such representations and acts
as may amount to the same thing.
No company or corporation CHARGED
with public use can be estopped by
any act or representation from perform
ing the duties enioined on it by law
1t will hardly be contended that the de.
PENDANTS. by reason of any of the eX~
press contracts pleaded in defense of
the suit or of any contract growing out
OF the representations alleged to have
been made by the company, would be
estopped from applying to the board
or SUPERVISORS of the county for the es-
tabishment of rates The case. in truth.
affords no basis for the operation of an
estoppel against either party. which to
be good, must be mutual. Iitchfield
VS.. Goodnow, 123 u. S., 549)
The complainant, being in charge of
q public use, in the management of 1t
does not act for the defendants alone
but to the extent of the capacity of the
system to furnish water, for ali of the
public who are or may be situated with
In its reach; all of whom, similarly sit
uated and for like purposes. are emit
tied to srnilar rates
Exception sustained.