The San Francisco call., 1897-09-26
SPRING VALLEY
IN MORE TROUBLE
Forfeiture of the Charter
Demanded by a Suit
in Court.
Filed Yesterday by the Citizens
Municipal Alliance Of San
Francisco.
Allegations That Water Has Been
Supplied Unlawfully Since the
First of Last July.

Spring Valley is threatened with fur
ther loss, as suit was begun yests rday 10
compel the forfeiture OF the big water COM
pany's char er. The loss of the solid
eight" was bad enough, and the water
CONF pany will doubtless make a desperate
struggle in resisting this suit in order to
save something out OF the wreck.
Maurice S. Wood hams, secre .ary of the
Ciuzen3' Municipal Alliance, s the repre-
sentative of the plaintiff in the new liti-
cation against the water company. Mr..
Woodlands alleges that the Citizens Mu-
niclpal Alliance was formed for the pur-
pose OF investigating the conduct Of pu bic
officers within the city and county OF San
Francisco and to use its corporate power
in such manner as to secure for said city
and county and the inha bitants thereof
all the rights, privileges aud immunities
to which they are entitled by virtue OF the
conduct OF the municipal government of
said CITY and county.
is further set forth in the complaint
that the Spring Valley Water Works is a
corporation whose principal business IS TO
supply water TO the citizens OF San Fran
cisco according to the provisions of law
governing water and water rates and water
rights in the State OF California.
Then comes the allegation which con-
stitutes lhe graVamen of the alleged Of
tense. namely, that the water comp pany
has been supplying water 10 the people OF
this city since the first DAY OF last July
without authority Of law as provided for
IN ne con nstjtuilCn and statutes of the
State of California, inasmuch a uch rates
were not fixed IN accord anCe with the
laws OF the State. The violation OF the
law, the plaintiff alleges, has caused the
-
and the city Is entitled to recover the
same for the benefit OF the people.
Judgment is therefore demanded that
the charter of the SAID com pany be de-
clared forfeited TO the people, and that
the Spring Valley Water Works be for
ever enjoined and prohibited from exer-
cising any further control over said fran
chise and wa er works other than as citi-
zens of the city and county of San Fran
cisco, ard Ior such other relief as may be
proper.
The theory of the plaintiff in this suit
is that the provisions of the constitution
in regard to the fixing of water rates in
February are binding on the water COM
pany as well as on the Supervisors and
that it was the duty of the water com pany
to compel the fixing of such rates in FeD =
ruarv, even if they had 10 resort to man
damus, SIS they would have the right to
do Instead OF taking affirmative action
the prosecution alleges, the water COM
pany neg lected to furnish the necessary
information that would enable the Super
vIsors to perform their duty with facility.
1t is explained that there is no desire on
the part of the prosecution to confscate
the property OF the company without COM
pensation, but that they will insist on the
people owning their own water works, the
present owners TO be paid just and rea-
sonable compensation for their plant and
franchise.