The herald., 1896-10-09

i+tts ~ #sssa III siss-=-sssssa5 49,
the water company had invested the
company with such claim to this land
that the city council could not sell it
to the highest bidder. but must enter
into deal whereby the outstanding
right of the company under its pending
application must be compromised.
The compromise suggested was that
theA city give the land to the water COM
pany and at the same time relieve the
company of its obligation to maintain
reservoir and fountain on the plaza
for a period of thirty years, which obli-
cation and duty on their part they would
relinquish by way of compromise If the
city would give the company this eighty
seven acres.
One wonders how it was possible that
such proposition could have been seri-
ously made, but when you realize that
the company has BIZ. to ask to receive,
it is strange that it was not granted.
The duty of maintaining the reservoir
and fountain in the plaza was gotten rid
of by the water company and the city
shouldered that duty and expense.
But the council did finally give the
corporation mere permission to use SO
much Of the eighty-seven acres as was
necessary for reservoir purposes, only
during the continuation of their thirty
years lease.
On this fiimsy claim of right the COM
pany enjoined the improvement of Ely
sian park and the construction of the
roadway through the same, realizing
that If the citizens were permitted to see
and became familiar with the beauties
, of their eighty-seven acres of land, which
was worthless" in 1870, the water COM
pany would never be able to get conf
plete title thereto. But the unfortun-
ate position in which the water company
| -. Il. -
thing that was dear to the heart of
Mayor Hazard, and at his request he
was individually appointed the attorney
for the park commission, as we'll as Of
himself and he personally took charge
of the matter in court. He refused to
permit the water company to dismiss
the case, as was requested by. the presi-
dent of the park commission in open
! court, who assumed to act for the
| board. ae
The court declined to recognize the
president of the park commission If
! the case had been dismissed and the in
| junction dissolved it would have permit
| ted the construction of the trail and the
| Improvements as contemplated, but 1t
| would have left untried the question of
the right Of the people to the eighty
| seven acres of ground. So this action
was objected to by Mayor Hazard, who
insisted on the trial of the case on its
! merits and the court ordered the trial to
! proceed. The Judgment was finally given
| establishing the undoubted right OF the
| city to the land, which decision has be-
come fipal,, the water company having
! taken no appeal. therefrom.
Judge Wade. in deciding the case.
| found as follows:
| That no ordinance, resolution, act or
| contract of the city of Los Angeles was
| ever passed. approved, enacted made or
done, granting to plaintiff the permis-
! sion to use the lands described in the
! complaint. for any purpose or for any
| time or upon any condition, or in or by
which the said lands were designated or
! described.
i. That the lands described in the COM
plant embrace sabout eighty-six acres
| Of the unsold lands which belonged to
| the city Of Los Angeles during, all the
times mentioned IN the Complaint.