The herald., 1897-09-21
TUESDAY, SEPTEMBER Fl, 1907.
A PRECIPITATED BLUNDER

City Attorney Dunn yesterday sub
mitted to the council, in accordance
with the request of that body. but
against his own advice, an opinion on
the validity of the contract of July 20,
1868. between Griffin ct al, the predeces-
sors Of the City Water company. ard the
city Of Los Angeles.
While Mr.. Dunns opinion was at the
service of the council, he himself, as
we'll as the special counsel employed to
investigate the matter, was Of the be-
lief that a full and definite statement.
covering the many different points of
law necessarily involved was in. no wise
expedient or useful. 1t was pointed
out that the water company, being a
private corporation, does not prema-
turely publish the opinions of it's coun-
sci. and it is easy to see how the city
might be hampered by the adoption of
an opposite course.
There Is sound logic in this suggestion
and 1t Is surprising that the council did
not accede to it, instead of insisting that
the opinion be made public. What is
lowed? The city attorney is in a sense
the servant of the council, but his ad-
vice should have the weight that at
taches to the suggestions of regularly
employed counsel.
But the city fathers would have it 9TH
erwise, and the opinion is public prop
erty. That such publication. is prema-
ture is best evidenced by the fact that
until two pending lawsuits are decided
the city can take no step forward with
respect to any really important phase of
the water question. These lawsuits,
Involving the proposed headworks to be
erected upon land included in the cor
demnation suit Of the city against Pom
eroy & Hooker, and the suit of the city
against the City Water company, in
volvipg the ownership of the so-called
Crystal springs, form the keystone of the
city's progress with respect to the ac-
quirement of a new water system. 1t is
easy to see that any premature publica.
ton Of the city's position in advance Of
the decision in these lawsuits might
commit it to an unwise policy in the fu-
ture.
The particular unwisdom relates to
the policy of the city, as it may apply to
its future relations with the water COM
pany. However, it is idle to discuss that
phase now, for 1t is public property
City Attorney Dunn and the special
counsel are of the opinion:
First--1hat the clause providing that
the water company's predecessor shall
have an exclusive franchise to furnish
water to the inhabitant Of the city is
Invalid.
Secord-That the portion. providing
that the rates for water should not be
reduced below the rates charged at the
time the contract was entered into is
invalid.
Third-That that part of the contract
y valid which sets forth the property
rights Of the company in the improve
ments and increments made by the COM
psny In the original plant turned over to
~ BY the city; the obligations of both
parties to submit to arbitration the
value Of such improvements and incre-
ments, and the obligation of the city to
! pay to the company the value thereof
% ascertained.
The opinion Of the city attorney is
short and clear, but It creates no new
gantage ground for the city by being
19<e public at the present time. The
Lexa14 hae urged the Importance Of
Z; Ing haste slowly. Of avoiding mis-
- eity ceuneil seems to hevs