The herald., 1897-08-10

| Gle. we therefore make no reCOmmeHua-
tion thereon other than to furnish you
with the information procured by us.
| Having covered the first two recommen-
dations of your committees report, We
proceed to the third and last, to-wit:
'Third-That this committee be author
| lied and instructed to submit to the COM
mittee acting for the Los Angeles City
| Water Company and the Crystal Springs
Land and Water Company proposition
to Immediately submit to arbitration the
question of the value of the properties of
said companies"
| After careful consideration of this rec
ommendation, we report: That it would
be manifestly improper and impossible to
submit to arbitration the question of the
values of any waters or water rights
claimed by the companies, but which are
also claimed by the city as belonging to the
waters of the Los Angeles river, for the
treason that we are of the opinion that the
| title to any waters or water rights which
could be advantageously used by the city
| is now vested in the city, and we conf
IDENTIFY expect decision favorable to the
| city in the litigation now pending in refer
ence thereto. We are of the opinion, how
ever, that the legal rights of the ci.y
would not be jeopardized by a proposition
from the city to the water companies to
take over all their available property, ex-
cepting such disputed water and water
rights, at price to be determined by ar
bitration.
| Therefore, we advise:
First-That no actual construction of
headworks can be commenced, nor can
bonds be issued therefor until the title to
the property upon which the works are
to be located is finally settled.
| Second-That there is no objection to
the employment of engineers to examine
the plans for the new plant other than
nf -, vic ~ t1a
time that must elapse before they can be
used and the changes that may occur
within that time.
Third-That the legal rights of the city
will not be jeopardized by your committee
proposing to the water company to take
over its property at a valuation to be
fixed by arbitration; provided, that no
water or water rights the title to which
is claimed by the city, to-wit, the waters
of the alleged Crystal Springs and other
similar waters, be included in said arbi-
tration.
Respectfully submitted,
w. E. DUNN, City Attorney,
LEE & SCOTT, of Counsel.
A WINNING MOTION
Councilman Ashman sprang to his feet
before Clerk Haskins had let drop from
his lips the last sentence of the opinion
with a motion to Immediately arbitrate
the differences, but Councilman Grider
was equally agile with an amendment
Mr.. Ashman moved that the fore going
report of the city attorney be received
and placed on file, and that the question
of the value of the properties of said
Water company be submitted to arbi-
tration, and that the water supply COM
mittee be instructed to notify the Los
Angeles City Water company that the
city is ready to submit said question of
valuation to arbitration and to ascertain
whether or not the said water company
is willing to so arbitrate; and that said
committee be instructed to report to the
council on Monday, Aug. 16, 1897.
Councilman Toll seconded the motion,
sPARRING FOR WIND.
Councilman Grider insisted on MAX
ing an amendment, a typewriter copy
of which he held aloft to attract the
chair, but Mr.. Nickel was recognized
first. The latter gentleman said he
thought there was little difference be-
tween the report of the city attorney and
Mr.. Orders motion. Mr.. Hutchison
spoke briefly in favor of the amendment
and Mr.. Toll made suggestions, saying:
I'VE have been desirous Of keeping the
water supply committee in a non-com-
initial attitude, so that we can always be
in a safe position. I think there is a diff
ference between Mr.. Ashman's motion
and Mr. Orders amendment, but before
we act finally would like to hear from
the city attorney"
Mr. Dunn said: "It is not importan
whether the committee recognizes tn,
report or not. They need not. Their,
is no legal objection to arbitration. ant
at once. Mr.. Orders amendment ex
cepts all the real estate of the waite
company, which is a mistake; the con
tract includes all the real estate use,
in the operation of the plant"
Mr.. Orders amendment was then read
and the vote resulted in it's death. TIL
amendment was as follows:
GRIDER MOVES
Mr.. Grider moved to amend the repor
by striking out the third recommends
tion and substituting in lieu thereof tn
following:
That the council offer to submit to arbi
tration with the Los Angeles City Wate
company, in accordance with the contrac
Ibetween said, city and the predecessors Il
interest OF said water comapny. date,
July %, 1sea the value Of tho Improvement
.,... h. I.A4,.z;l, III ii. sss 81 lt : e